Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-12-23
ARRIVED.
Minnetonka, from Paducah.
Minnetonka. for Paducah.


On arrival the Ella viii be Immediately up for
Paducah John Gault, for Louisville B. NJ Run
yam, for Memphis Red Rover, for New Orleans.
Capt JAMES LEE, an old veteran in our river
trade, was said to have died at the Hot Springs in
Arkansas; we are, however, happy to state that
the report is since cOntradicted.
A number of passengers, it is rumcred, lost their
lives by the sinking of the Daniel Boone.
The upper Mississippi is frozen over at Cairo
and navigation suspended; above st. Louis loaded
wagons are crossing the river on the ice.
The Ohio river is at low stage, from Wheeling
TO Pittsburgh, with running ice weather cold with
heavy the ground, with every prospect
of suspension of navigation.
Eastern freights new go Fy rail from Cincinnati,
the additional cost of which 10 cents per hundred
over former rates.
WHAT CONSTITUTES A DELTvERI-By the recent
decision in the Supreme Court of Tennessee in the
case of Steamer Glendale VS.. A YACCARO & Co, of
Memphis, the Co1rt decided that IF goods are de-
livered to drayman, cartman, or any one else, not
authorized by the consgnee to receive tnem is at
the risk of the carrier y that boats cannot deposit
goods, entrusted to Them the wharf without pub
lie notice to the cOnsignee, and be exonerated from
their liability; but boat notifying the consignee
will be exempt. The usage, or custom, of any port
cannot be allowed to supercede the necessity of no
tifcation to cOnsgnee nor can the custom OF de
lvering to draymen supercede such notice, as Gus
tom cannot change the law in this respect When
carriers make the wrong delivery, the value of said
goods if lost should beassessed, not at their orig
inal cost but at their value where they were to
have been delivered, at the time.
Our system of reception of merchandise here has
customarily been entrusted to draymen, black or
,che without any further notice, than the mere de-
livery of the bill of lading, with their knowledge
of the boat being port and in the act of discharg
ing This mode appears to have best suited our
merchants, and has relieved our mercantile com
munity of much labor upon their parts, by the
transfer expressed or implied to the draymen. Its
operation, on the other hand has made the carrier
liable for the delivery at the very door of the mer
chant, and for all miscarriage as well as damage,
and we fear theft Its effects in short to create
distrust between the merchant and carrier; each
party adjust difficulties, has to make concessions
and meet losses it is in this way that thousands of
dollars are lost-the larger portion of the burden
falling on the carrier.
We are aware and have for some time seen, there
must be an issue made in such cases therefore the
sooner each party complies the better will be the
system and the more general will be the salts
faction. As it is now satisfied, as the pres
ent rule is One-sIded, so far the carrier is con
cerned for all he receives from black or opte dray
is required to be receipted flor and that drop
erly too by the merchant whilst all that is delivered
by the carriers is required to be done for the mer
chant at the risk of damage and non-delivery. Now
if the one party consider receipt necessary for
their protection, by what rule of equity should
the other party be debarred of the like means for
their protection!
The RUNYAE AND KRKMAN.--The MinnetOnka
ports the Runyan at Paducah as she was leaving,
and passing the Sam Krkman in the river, within
nine miles of the mouth.