davidaulloa/AmericanStories huggingface dataset:
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1860-01-28
The Legislative Excursion.

LOUISVILLE, Jan. p, 1860.
The banquet last night. as you viii have seen from
the accounts given by the papers of this city was
magnificent affair and reflected the highest honor
upon our Louisville friends who got it up. 1t was
an imposing spectacle to witness the representatives
Of four sovereign States-the heart of the confed-
eracy" as the Louisville journal appropriately
terms them-,ningiing together and vowing eternal
fealty to the Union and the Constitution Such an
asscmbage of the wisdom of four Of the most i'm
portant States in the Union cannot be without its
influence in favor of the perpetuity of the Union
and the rights Of the States; and the proposed visit
Of the Legislatures of Tennessee and Kentucky
the homes Of JACKSON and CIAY-will add greatly in
strengthening the bonds which hold US in one glo-
rious Union.
Tennessee bore a noble part in the festival last
night. The speeches of PAYNE and STOKES were the
themes of conversation and admiration in every
crowd this morning, while that Of Gov WILLARD, of
Indiana was no less admired for its Lold and manly
sentiments. If every man in the Northern States
was a Gov. WILLARD we never would hear tell Of
such a man as a disunionst.
The entertainment given to-day by the members
Of the Louisville press to their brethren from Ten
nessee, Kentucky and other States. was peculiar
feature of this excursion. \ more gentlemanly jo-
vial set Of fellows than the press gang" of Louis
Vile cannot be found anywhere, and the sumptuous
manner in which they entertained their brethren Of
the quill to-day showed them true representatives
of Kentucky chivalry and hospitality.
This evening at half past three o'clock we leave
on the Jacob Strader Tor Cincinnati, en- route for CO.
Iumbus whittier we go by invitation Of the Legis
Iature of Ohio. The meeting of three Legislatures
ct the capital of Ohio will form memorable epoch
in the history of that State, which it is hoped will
add much in strengthening the cords that bind us in
the same Union The visit of the Legislature to
Kentucky. and then IN company with that Of Ken
lucky to Ohio, will it is confidently believed, re
suit in as much good not only to Tennessee, but to
the Union. as if that body had staid at home and
devoted the week to the consideration of laws in
which but small portion Of the people of the State
are interested.
The reception and entertainment of the Leglsla-
ture Of Tennessee and other citizens of the Nolun
teer State by the citizens of Louisville has been
most cordial and enthusiastc so much so that there
is not man from Tennessee in Louisville to-day.
who does not feel that he is as much at home and
among his brethren if he were on the genial soil
of his own loved Tennessee NJ
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1860-01-28


This bill seeks to have the right Of the complain
ant declared under the VIII Of her deceased father
Jacob Wilson. The testator, by his viii bequathed
to the complainant, who was then femme sole, GER
tain slaves, and sums Of money; with direction to
his executor to invest the money in young negroes
for her benefit The bequest is subject to the fol-
lowing provisions, namely 1.-THE said negroes with
their increase, shall be e1ed on my said daughter
Martha j. and her children; and not to be taken for
the debts Of her husband
In IS4S some time after testators death, the com-
plainant intermarried with John G. Clark who died
said marriage.
It appears that some time after the marriage, the
executor purchased two slaves, with the money Of
complainant, and delivered them to her husband
And afterwards, the executor having in his hands
81 500 Of the money bequeathed to complainant In
stead Of investing it in negroes himself paid it
over to the husband 10 be by him invested pursu
ant to the direction of the will IN the receipts and
acquittanees executed by the husband TO the execu
tor, for the slaves specifically bequeathed 10 COM
plainant by the will and the two slaves purchased
by the executor, and also for the money above men
toned; the former either expressly or implicitly &C
knOwleges the property and money to have been re-
ceived by him him subject TO the pro ssons Of the
testatOr's will and the rights of the complainant.
The question now Is whether, under the before
rected provision Of the VIII, said slaves and money
were the separate property of the wife, for life
with remainder to her children, or vested in the
husband upon his marriage with complainant
The Chancellor decreed for the complainant, and
we think correctly. It is certainly true as gen.
eral rule, that whenever the words Of will if ap-
piled to real property. would create an estate-tai
they will, when applied to personality vest the alb
solute property in the frst-taker. Yer. So Yer.
242.
But this ruie has application to the present case
Certainly. 1t Is not to be supposed that it was
the intention Of the testor to create an entail in the
technical sense Of the term The object and inten-
ton of the testatOr manifesty was TO make a set
tlement his daughter TO her and separate use
for life, free from the marital right of any future
husband; with remainder to her children. in the
event of her future marriage and issue. This is
beyond doubt the proper construction Of the will
And this view. the slaves and remaining specie will
be settled accordingly; and the executor of Clark
will account for the value of SUCH if any, as may
have been converted by his testat0r during the mar
riage: and also for the amount of money by him re-
ceiYed, belonging TO the complainant
The cause viii be remanded for taking the ac-
count ordered by the Chancellor.
Test: NJ. D. WEIGH, Clerk. MCKINNEY.
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1860-01-28
49, DO u. EtherIage Relong

where Does Mrs EtneFtoEe Belong
When Mr.. CARTER, Of New York was questioning
the Southern Opposition in Congress as to their
views about a slave code for the territories, Mr..
ETHEEFD0E arose to speak, The clerk asked Mr..
CARTER If he would yield to the gentleman from
Tennessee, Or. ErEnIDGE) Mr.. CAETEE replied Mr.
ErHERlDGE as 1 understand does not belong to the
Southern Opposition, but l give way to him with
great pleasure"
If Mr.. EuIEETDGB is not understood as belonging
to the Southern Opposition, where do the Black Re
publicars understand that he belongs. They GER
tainly never have mistaken him for a Democrat
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1860-01-28
Leonard Owen. v.. The state.

The plaintiff IN error was presented for gaming
in the Circuit Court of Hardeman.
He filed plea in abatement. setting up the pro-
lection afforded by all persons summoned before the
grand jury informers in relation to that offence.
The plea is that is that he subpensed and went
before the grand jury 70 testify as to the unlawful
gaming, &C. and that he did, before said grand
jury testify in relation to sand offence all the facts
within his knowledge or recollection"
The act of 1925, CHI >, Car. & Mic $50. after con-
ferring upon the grand jury the power to send for
witnesses &c., provides for their protection thus
Nor shall any such witness be liable OF bound to
answer to any criminal proceedings for any offence
about which he may have been examined as q wit
ness by virtue Of this act.1-Code, $685.
The demurrer to the plea was sustained by the
Court, and the defendant convicted on the general
issue.
This was certainly right as the plea does not
aver that he examined before the jury as to the
particular offence charged against him in this in
dictment.
The statute was only intended to relieve him.
though guilty, with others in cases where he had
informed against them for the identical offence The
object was to save him from selfcriminatiOn so far
he used as a witness to bring others to JUS
tice, but no further. 1t not intended that the
mere fact of summOning a man before the jury, un-
der the act, should operate as pardon of all his
crimes of the nature. To have this effect. the
offence charged against him must be the same about
which he actually testified before the jury against
others If this not so, evidence or perjury in
behalf of others might be used to screen HIM from
liability.
The Judgment viii be affirmed. CARUTHERs
Test: NJ. D. WELSH Clerk
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1860-01-28

The decree Of the ChanceIoris erroneous There
is plain distinction betweena conveyance to secure
the payment Of debt, and one merely for the per-
sOnal indemnity Of a surety.
In the former case the trust enures to the benft
of the creditor and creates fund in his favor of
which he may avail himself in order &c obtain sat
isactiOn of his debt And in thatcase the discharge
of the surety, though his protection also Of
the objects Of the Conveyance have no effect
upon the claim of the creditor to the fund.
It is true the deed of trust exeeuted by Samuel G.
Simmons to the defendants, Moore and Hsrwood,
was intended to secure said Moore and others, IS
the surties and sfayors Of said Simmons in certain
debts enumerated in said deed.
But is equally clear that it was also intended as
security for the payment Of the debts themselves.
cured said Moore to become his surety and stayor,
to certain debts, which specifically set forth in
said deed, and among them, is the debt to complain
ants Of S666,90.
He also mentions other debts which he owed and
in some of which other persons had become liable,
as his surety and stayOP; and then provides, that
in order to secure his said securities, stayOrs and
other creditors-the saiC Moore and HARDWOOD the
trustees, should apply the assets in the deed OF
trust first to the payment Of the debts, which he
had given security, and procured stayOrs and the
debts for borrowed money, and certain other debts
therein named and next to the payment of his other
creditors.
This language is plain. The compliments have a
right to require Moore and HarwOOd-the trustees
to pay them their rateabe part Of the trust fund
with the other creditors of the first class in the
deed the assets being sufficient to pay all the cred
itors.
The fact that Moore suceecded-after the execu
ton of the deed-in a litigation with compliments
IN having himself discharged from liability in their
debt, upon plea Of est facttD other defence
can, IN no way, change or destroy their right The
principle settled in Jones Hamlet, Sneed 2j6
and Kennedy Pitts, ct al Sneed o. is, it seems
to US. decisive Of this case.
Reverse the decree for complainants.
WRIGHT
Test NJ d WEICH Clerk
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1860-01-28

and before they had so notified the debtors in the
assigned claims as to make the assignment valid
From a review Of the whole evidence, we are
satisfied tllis position cannot be retained for him.
In the FIRST place. we think the claims assigned to
hun Tor bis indemnity not these at all-but
different debts altogether
in the next place we are satisfied he was aware
Of the assignment to Bate & Morrison recognized it
as valid, actually collected the money for them and
not for himself, and tIat the attempt his part TO
appropriate it 10 ms indemnity was an after
thought, he having ascertaned that Spivey & Smith
would not be able to repay him what he had paid
for them.
Judgment affirmed. WRIGHT
Test IL d. WEIc7T, Clerk
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1860-01-28

AEgEuvs WARD AT 0BEELN.-Obcrln is q CRATE
phase. The k5llidEe opens with pr3re and New
York Tribune is read. 4 kollekShun is then taken
mp to buy overk0ats with red horn buttons on them
for the INDECENT kullered people Of Kanada. have
TO contlbt literally TO the glorious work. as they
kaw II hear. N the boardn' house the kullured
people sits nj the flst table. What they leave is
made into hash for the white people. As l don't
like the idea of catin my vittis with niggers, set
at the koDd table and the consequence is I've de-
vowered SO much hash thatmy inards are N a high
ly mixed mp kuudlshun. Fish bones hev made their
appearance all over my body ana potater peelins are
sprngn up all thrumy hare. However I don't mind
IT, I'm Citing along well in pccuniarv pint of view
The loldge hav kontered on me the honerv title of
X, T., Of which I am sufficiently prowd. Unless |
60 10 Geeawgy county, ! shall be in Kleveland next
week. tarweL Where ere rome lie mere forgit
thee. want you to git out my handbills in famin'
sue. ARTEWUS WARD X T.
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1860-01-28

In our issue Of Thursday we propounded certain
nterrogatories to the Banners as to elicit its views,
among other things upon the subject Of the extern
sion Of slavery into the territories. The Banner
fails to respond to any Of our inquiries. Perhaps
che Opposition Convention to be held on the 22d Of
FEBRUARY may enlighten rs as to the doctrines of
the Tennessee Opposition.
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1860-01-28

The prisoner was convicted II the Circuit Court
of ObiOn and sentenced to three years confinement
in the Pententary for the supposed offence of pass
ing 4 counterfeit note.
The indictment charges that the note was the
counterfeit resemblance OF Imitation of a genuine
ten dollar bank note issued by the Bank Of Memphis.
The proof shows that the note passed. copy Of
which is set out in the indictment-was in fact a
genuine note, issued by the President, Directors
Co. of the Bank Of East Tennessee, but altered by
the erasure of the word East"
The court instructed the jury, in substance, that
it would be sufficient to support the charge in the
Indictment, if the note passed by the prisoner was
sueh a resemblance of ten dollar note Of the Bank
of Tennessee, as might possibly be passed off on
careless and negligent person" although it might not
be, in many respects" exactly like the genuine
note. This was stating the rule applicable to such
cases too strongly The correct rule is that the i'm
itation or resemblance must be such to be capa-
bic of imposing on persons of 4" ordinary observa-
ton" Such is not the character of the note in
question. In a legal sense it bears no resemblance
to a genuine note of the Bank Of Tennessee and no
person of ordinary observation could be deceived
OF imposed on by it.
The indictment contains no count for fOT1iag.
The Judgments erroneous, and it viii be reversed
and the prisoner remanded for new trial
IVrrr -1r C1orI-
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1860-01-28

SANFORD vs. spvsy Smith. To the Of Bate Morrison
This was an action against constable and his
sureties for the nOnpayment of money collected by
him.
Judgment was rendered against him and his sure
ties before Justice of the Peace, when the motion
was first made He alone appealed to the Circuit
Court when the Judgment was affirmed; and he has
appealed to this Court
The first objection urged against the judgment is
that it embraces the money collected on various
claims whereas it is said there should have been
distinct and separate judgment against the officer
upon each claim.
This position has nothing in it. In HObson ct al.
vs. Hoge and sister Yer. 1853, several claims were
included in the same Judgment
It is next urged that the judgment is against the
Officer alone when it should have been against him
and sureties The answer to this IS that the ludg-
ment was so taken before the Justice OF the Peace,
and the officer only appeared But II TINS were not
SGT has been decided in two cases at least, that
tboucb motion wonld not lie on the sureties, with
out the Oficer-yet it may be against the OIncer,
without the sureties Williams vs. Wall, Hump.
1873. Small vs. Goodman ct al, 3 Hump. 4I9.
The next ground assumed for the officer IS. that
he had become a stayor for Spivey Smith IN Au=
g1st 1857. upon certain debts which ne paid in
Anril 1858 amounting to more than the claims en-
braced in the present Judgment and that be had
RIGHT to retain the money collected on these claims
Cor his indemnity. not only as against Spivey
& smith but against Bate IL MOrI1son-the as
signees of these claims. He insists that though
those claims were assigned to Bate Morri-
san on the 9TH of July, IS57-long before he be-
came bound for Spivey & Smith, and nearly year
before he paid anything, yet that the same cams
were assigned to him. for his indemnity by Splvey
a Smith in August 1857, at a time when he had no
notice of the prior assignment to Bate Morrison,
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1860-01-28

LEysEY on THE RLSE.-We learn from the AIevan-
drial Sentinel that ball was given in Warrenton. ON
Thursday last, in compliment to the Fauquer Black
Horse Company, and Capt Scott. Gaietv. wit. SER
timent and speech enliycned the entertainment and
the tables of the Warren Green grOaned with the
bountiful repast A marked incident of the occa-
sion was the appearance of a number of the farest
bellies Of the evening in lSey dresses adding thus
the charm Of patriotism to the greatest Of adorn-
meuts beauty unadorned-R Richmond Wig.
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1860-01-28

Homespun is becoming all the rage in Virginia
Most of The members of the Legislature, and all
aspiring patriots. patronize exclusively home
made articles Under this stimulus woolen tacto-
ries are multiplying exceedingly in the venerable
Commonwealth.
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1860-01-28

a proposition has been introduced IN the VIZ
gina House of Delegates to impose tax on
all bachelors over thirty years Of age-the mon
ey to be appropriated to the education of poor
children.
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1860-01-28

DRECr INIoRTATIoN.-Th merchants Of Charles
ton s c.. engaged in the wholesale grocery bust
ness. are taking measures TO promote the direct i'm
portation of coffee at that port Atew days ago a
barque arrived at that port, direct from Rottcrdom
with a cargo Of ] 600 bales Of hay.
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1860-01-28
DEOIsIoNs OF THE SUPREME OOURr.
OFFICIAL
opinions OF the supreme Court Of the
state OF Tennessee, at Jackson, April
FERN. sS50.


Opinions OF the supreme Court Of the
state OF Tennessee, at Jackson, april
TeFnzs 1850.
Goodwin The Farmers and Merchants Bank Of Memphis
This was suit instituted against the plaintiff N
error as the drawer of bill Of exchange.
He resided at Memphis. Tennessee, when the bill
was drawn, and Stephen Franklin, the drawer, re-
sided at New Orleans upon which place the bill was
drawn.
Judgment being against the plaintiff in error, he
moved for a new trial, which was refused by the
Circuit adge and thereupon he fled a bin Of ex-
eeptlons, embracing the entire evidence in the cause
and the Judges charge and has appealed to this
We think the Circuit Court erred in refusing a
new trial
The verdict is totally unsupported by the evi-
dence.
In order to charge the defendant as the drawer of
this BILL 1t was indispensable that the plaintiff should
prove that he had due notice Of its dishonOr The
only evidence in the record upon this subject is de-
rived from the testimony Of VIM. 0. Lofiand. He
states. simply, and IN so many words, that the dsl-
ddEt had due notice of the protest of the biz IN slat
This viii not do to charge the defendant The wit
ness, without disclosing the facts, undertakes to
state mere legal conclusion. namely, that the de-
PENDANT had due notice Of the protest But this is
matter for the Court and not for the witness. He
should have stated the facts with all the attending
circumstances, so that the Court and jury might he
enabled to pronounce whether the defendant had
been legally notified OF not.
As the case stands, no facts are given, and we
have 20 rely upon the legal opinion of the wit
ness, that the defendant had due notice. Greenl.
EY. Sec. IS6.
The judgment will be reversed and new trial
granted. WRIGHT.
Test: NJ D. WEIGH, Clerk.
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1860-01-28
Arrive At Nala7ilIo at $40 4 Haaa saiaR Z.

AFTl9e q NallFIIIe q 30 4 = 10 10
IL rail connection and shorestroute % b,st1n 80 toik,
"a Philadelphia Baltimore, Wasaington Chsr'n ea.an-
NAH Montgomery, New Orlesns, &c Passenge1H u ~ A.1
and South, the Memphis and CHARLESTON Aairl ~
the II Train from Nashville which viii COM. y Satt
nnooga with the quick Train for washington y 49, "a
New York, ard at Stevenson with the iast -1
Memphis and Charleston Railroad AID s southe-a
Passengers for the Western and Atlantic h,ifo
with the Georgia aud South Carolua Roads, Eil
without detention By taking the 80 3 Train ir
Through rcSUtJ nay be had at hour on F. o- -
Ticket Agent, o1ice Is Depot, e olloHiit 49, anu
AT the foil oving nrees,
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1860-01-28
Families and Plantation Uses.
J. w. Williams--Agent.

1HE Proprstors OF these Machines claim "a sabstantiate
the claim that their instruments s e5cs any and eDsTy
Kind Of ees0Or and perform the the possible
Combining does, the Of all the other Ma
ehines and, at the time, avoiding their faults it
mends itself to the public as the great Family Sew
ing Machine, and adapted e5sry brunch Of indus
try where the needle is required.
They will STITCH hem, FELL bind gather. They make
strong lock stitch, that Pulled They
make BEAUTIFUL uniform stitch. alike on both sides Of the work.
without, forming ridges uRderneath
The Machines have great strength perfectly simple
the management Of them easily acquired.
Any spool OF cotton, thread sE may used They are
almost Hoises in their operations and ,c1U a0r longer than
any other Sewing Machine extaat
Let Manufacturers, Planters Farmers Housekeepe or any
other persons in search OF execute any Kind
Of Se'0iag done by machinery make sure tey secure tie
best, by examining ours before purchasing.
u liberal discount made to Ministers and charitable So
cieHes
II All Maeines warranted thee years. and full Instructions
given to them satisfactorily.
EEsPONsIBLE AGENTS WANTED.
The public invited to call and exrlnns the Ma hines at
So PUBLIC SQUARE.
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1860-01-28

The Speaker of the House Of Delegates Of Vir-
ginia prcsides in 4 suit of hOme-spun, manufac-
tured in his own neighborhood Last week
one of the the members pePpetrated matrmOny
All Of the bridal party were arrayed in Virginia
cloth