davidaulloa/AmericanStories huggingface dataset:
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1861-05-08

section now under consideration, AMI on which this
indictment is based. creates another and different
felony in which the object designed IS not accom-
plished IL requires two elements to constitute it
an act with certain intent. An & srt ard b0tterf
must be committed on female with intent to know
her "forciby and against her tcup It is difficult to
conceive how any sans man could have thus infant
in reference to a child of four years old But this
defendant was drunk, and it is said may have he'd
such purpose in that condition. If he had though
| it was impractclble to have accomplished his OBJ
iect and carried cut bus unhoy intent, the crime
might be complete. as drunkenness is no ex-
cuse for crime. Yet we are OF opinion that
this section has reference only to eases
where if the intent carried out. the offence
wouli be rape. That would not be 30 if the female
was under ten. In the description OF crime intend
| ed to be committed the words employed in the de-
| fnition of rape used. The intent must he 10
have carnal knowledge of the female "forcibly ard
| against her will This would not be necessary 70
| create the offence perpetrated on r female under
| ten. We must understand the Legislature from the
language used in the definition OF this felony, where
the offence is to consist OF the distinct common law
offence of Assault and Battery with an intent TO
commit another crime, which amounts 70 felony
TO refer to the crime of rape. 1t is the object and
purpose for which the assault and battery is con-
mtted that raises the misdemeanor TO a felony. The
| intent to commit any other crime than IA e. even
that created by the 46l4 section, would not make
| out the felony here created. 1t would only be an
aggravated misdemeanor. Of this last offence the
defendant should have been convicted. as he would
have been under correct change. No matter how
odious and detestable we may regard the conduct
Of the defendant, we cannot punish him for felony
| unless the law has declared it to be such
The little girl was not injured nor did her person
indicate that any attempt had been made to violate
her, though he carried her off into the smOkehouse,
and the appearance of her clothes was suspicious
| when detected His foolish and extremely Impro-
per and senseless conduct only be accounted for
on the ground that he was drunk to be almost
bereft of his reason.
Reverse the judgment and remand the cause for
| new trial. CARUTHERS
Correct cOnY: ]. y. CLARK. Clerk.
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1861-05-08
Sale Of Land for Taxes.

DT vtne of order Of directed from the Circuit
Court OF Humphreys county, its March Term, e6
will the frat Monday in July at the cour;house doc
in wavery ofer for sale at bic aueton the law
the fooH ing tracts OF land each, viii
be sufficient to the taxes cost AID charges due
thereon, to-wt:
Owner unknown, tract OF four thousand civil oil
rict No valued at S5OO 7J; Clerks fee 81 So Printer
fee ] so; Collectors fee J.
Montgomery, = tract acres District No. valued
atS taxes 81 Clerks fee So Printers fee lSOi Coect
fee | 50.
Robert Mc9rary, c hundred in Dsri, No
YsTsdG $780, in 1860 l5c Clerks fee 81 So Pr FEE
50; Collectors Zee /.
Robert McCrary, land ~ ave hundred ses In Dis
cE No 4, valued 90; in 1859 2Oc CLERKS 81 50;
Printers fee ! s.; C0llestors fes ].
Jane Mooe tract - in District No f. valrei 5000
co. CLERKS 50; Printer 50; Col es0rs re 4
Willie Hutsherson tract - in DStrict No valued
at g. taxese5;in 1852 Cerksf+e 81 So Primers fee 81
Collectors fee !.
David Prrwe hsirs CT $50 acres in District No
valued $500 81 TO- Clicks fee So Pr nte1s fee 81
Collectors fee 1.
WV kicoek Of $40 District No TO- valued
co. Soc CLERKS Zee 81 50; Printers fee 30. Coecsot
fee }. Al
TO Smith Of 2l4 ares District No TO- vluedi
$1,000 81 u.s. Clerks fee SO Printers fee 50 Csllec4
fee I
Lewis wsggoner tract acres: taxes &c; clerkse
so, Printers fee 50: Collectors - l.
All lying in Humphreys county rennsssee
msy7-wIs
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1861-05-08
Eiucnluin IS4S.

In the speech of Abraham Lincoln, of Illinois,
delivered in the .. S House of Representatives on
the 18th of January 1913, which we find reported
at length in the Appendix to the Congressional
Globe, Ist session, SOh Congress, page a. Mr. Lin
coin says; -
"Anv people anywhere, being inclined and having
the mower have a right TO rise up and shake of the
existing Government, and form a new One thatsuits
them better. This is most valuable, most sacred
right-a right which, we hope and believe, is to Ii
berate the world Nor is this right confined to
es in which the whole people of an existing Govern
ment NAV choose to exercise it. Any portion of
such people that can, may revolutionize, and make
their o,ca of so much of the territory they in
habit More than this, q majority of any portion
of such people may revolutionize, putting down a
yniDOritu intermingled with, near about them
who may oppose their movements 1t is a equality
of revolutions not to go by old lines old laws but
TO break up BOTH and make uew ones"
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1861-05-08

of the Legislature in the counties where they re-
SIDE shall be entitled to vote in any county in the
State where they may be in active service. or I'M
der ORDERS or on parole atthe time of said election;
and all other voters shall vote IN the county where
they reside as required by law in voting for
members TO the General Assembly.
SEC s. BE Il further enacted, That a. the same
time and under the rules ard regulations prescrib-
ed for the election herein before ordered the fol-
lowing ordinance shal De submitted to the popular
vote To wit:
An Ordinance for the adoption of the Constitu-
ton of the Provisional Government of the Confed-
| crate States of America.
We the people of Tennessee. solemnly impressed
| by the perils which surround us, do hereby adopt
and ratify the Constitution of The Provisional COY
erument of the Confederate States of America. or
dained and established at MONTGOMERY Alabama.
| on the Sth day of February, 1861, to be in force
during the existence thereof, or until such time as
we may supersede it, by the adoption of perman-
| ent Constitution.
Sgc. 6. Be further enacted, That those in favor
of the adoption of said Provisional Constitution ard
thereby securing to Tennessee equal representa- ton
in the deliberations and Councils of the Copfeder-
| ate States shall have written or printed on their
| ballots the word Misrepresentation" those opposed,
| the words mo Representation"
SEC T. Be IL further enacted That in the event the
people shall adopt the Constitution of the Provision
al Government of the Confederate States at the cleo
ton herein ordered it shall be the duty of the Gov
! ernor forthwith to issue writs of election for
delegates to represent the State of Tennessee in the
said Provisional Government. That the State shall
be represented by as many delegates as it was en-
titled to members of Congress to the recent Con-
gress of the United States of America, who shall be
elected from the several Congressional districts as
| now established by law, in the mode and manner
now prescribed for the election of members of the
| Congress of the United States.
SEc s. Be further enacted, That this Act take eff
| feet from and after its passage.
| w. C.. WHITTHoRNE,
Speaker of the House of Representatives.
| B. L. SToyAIL,
Speaker Of the Senate
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1861-05-08
Correct copy: Up. CLARK, Clerk.
James Wood xard, Administrator Of David Htmng, 6
Duncan and others.

JansI Wood xard Administrator Of David Htmng Sarah
Duncan, and others,
This case raises a disputed question of fact, as
well question of law, upon the doctrine of de-
scents and distribution
The bill is filed by the administrator Of David
Heming to compel the defendants to inteFpead and
settle their respective CLAIMS to the estate in his
hands.
The deceased was never married, ard died intes>
tate, leaving both real and personal estate.
The defendants, Mrs Vaughn, Mrs Hannum and
Mrs Clark are admitted to be the legitimate full
sisters of the deceased.
Mrs Duncan and Mrs Bigbee claim to be the same,
but that is disputed by the other defendants, and
the bill charges that they the Legitimate chill
drcn of the same mother.
This is the question of fact, as to which, the
proof brings to the conclusion that the charge in
the bill is sustained, and that they are illegitmate
Tie legal question is whether they inherit
from legitimate halt brother lfthey can, it must
be by some statute. By the common law they are
clearly excluded 3 Kent, Alb; Hump. 400
They have no inheritabfe blood. and can neither
take nor transmit by descent.
The act of 1872 Oh. l3 and 1851, oh. 80, incorpo-
rated into the code, Sec 1923, change the common
law in the cases therein specified. TIE case there
provided for embracing this question is, that when
an LEGITIMATE dies intestate, without wife or chill
dren or mother living, then his estate shall go equal
" to his brothers and sisters by his mother, the
descendants of such brothers or sisters.
We have had two cases under this statute. In
Riley vs. Byrel, Head. 20, held that the lawful
issue of the same mother took equally with the
lawful brothers and sisters of the Legitimate de-
ceased interstate
The case of Webb vs.. Webb, page 50 of the same
book does not touch the question.
Now it will be seen that these statutes apply
alone to the case of an Legitimate descedeDt and
only changes the existing law of descentS and dis
tributions in relation to their estates. But this is the
case of legitamate's estate. The common law
,Ij. must prevail as to that, as there has been
ohange by any statute. We are not disposed to go
beyond the Legislature in removing the cheeks up
on illicit intercourse and the stigma from bastardy.
The cause of good morals forbids it.
The decree will be reversed, and Mrs Duncan and
Mrs. Bigbee excluded from the inheritance.
CARUTHERs.
A correct COPY: J. P. CLARK, Clerk.
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1861-05-08
Commissioners on the part of Yt
JOINT RESOLUTION RArrFYIyG THE LEAGUE


WHEREAS, A military league, offensive AID defen-
siye. was formed on this the 9TH Of May. 1861, by
and between A. .. W. Totem Gustavus A. Henry,
and Washington Barrow. Commissioners on the
part of the State of Tennessee, and ii. W. billiard,
Commissioner on the part OF the Confederate States
of America subject to the confirmation OF the two
Governments;
Be ii therefore resolved by Tie General Assembly Of
the Slate of Tennessee That SAID league be in all re-
spects ratified and confirmed; and the said General
Assembly hereby pledges the faith and honor of the
State of Tennessee to the faithful observance of the
terms and conditions of said league.
The following Is the vote in the Senate on the
adoption of the League;
Ayes-Messrs. Allen, Horn. Hunter, johnson,
Lane Minis, Mcclellan. McNeilly, Payne. Peters,
Stanton, Thompson Wood and Speaker StOVal.-l4.
Noes -Messrs Boyd, Bradford, Hildreth, Nash,
Richardson and Stokes.-G.
Absent and not voting Messrs. Bumpsss, Mickey,
Newman Stokley and Trimble.-j.
The following is the vote in the House:
AYEs-Messrs Baker of Perry, Baker of NeGkley,
Bayless Bicknel, Bledsoe, Cheatham, C0wden, Dav-
idson, Davis Dudley Ewing, Farley Farrelly, Ford,
Frazier CAN'T Guy, Havron. Hurt. Ingram, Jones,
Kenuer Kennedy, Lea Lockhart Martin. Mayfeld,
McCabe Murphies. Nall. Pickett, Porter Richardson,
Roberts, Shield Smith, Sowell. Trevitt Vaughn,
Whitmore. Woods, and Speaker Nhitthorne-42.
NOes-Messrs. Armstrong, BraZeltOn, Butler,
Caldwell German Greene, Morris. Norman, Russell.
Senter Shrewsbury White of Davidson, Williams, Of
Knox, Wisener and Woodard-lj-
Absent and not voting: Messrs. Barksdale, Beatty,
Bennett. Brtton Critz. Doak East, Gillespie. Har-
ris Hebb, Johnson Kincaid. of Anderson, kincsid,
of Claiborne, Trewhitt, White, of Dickson. Will
Jams, of Franklin Williams, of Hickman, and Will
iamsOn-l6.
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1861-05-08
IAN G, HARRIS.
CONVENTION BETWEEN THE STATE OF TENNESSEE, AND
I'LL. Co,-,,r1,rr Sr.rEs ~ A,lEpIc.

CONVENTION BETWEEN THE STATE OF TENNESSEE, AND
TIE CoYFEDERATE STATES OF AMERICA.
The State of Tennessee, looking to a speedy ad-
mission into the Confederacy established by the Con-
federate States of America in accordance with the
Constitution for the provisional Government of said
States enters into the following temporary Convens
ton Agreement and Military League, with the
Confederate States, for the purpose of meeting
pressing exigencies affecting the common rights,
interests and safety of said States, and said Con-
federacy.
Der of said Confederacy according to the Constitu
ton of both powers the whole military force, and
military operations, offensive and defensive of said
State in the impending conflict with the United
States shall be under the chief control and direc-
ton othe President OF the Confederate States upon
the same basis, principles and footing, if said
State were now, and during the interval a member
of said Confederacy said force, together with that
of the Confederate States, TO be employed for the
commnn defence.
SECoND-The State of Tennessee will. upon be-
coming a member of said Confcderacy under the
permanent Constitution of said Confederate States,
if the same shall occur, turn to said Confeder
ate States. ali the puphc property acquired from
the United States, on the same terms, and IN the
same manner the other states of said C0ntederacy
have done in like cases,
THRD-Whatever expenditures of money. If any,
the said state of Tennessee shall make before she
becomes a member of said CoEfederacy, shall be
met and provided for, by the Confederate States.
This Convention entered into and agreed in the City
OF Nashville, Tennessee. on the Seventh day of May
A. D.. 1861 BY Henry W. billiard, the dHly author
lied commissioner to act in the matter the Con
federate States and Gustavus A. Henry, Archibald
O. W. Totem and Washington Barrow, commission
ers duly authorized to act in like manner for the
state of Tennesseethe whole subject to the approx
al and ratification of the proper authorities of both
Governments respectively.
In testimony whereof the parties aforesaid have
herewith their hands and seals the day and year
aforesaid, in duplicate originals.
HENRY W. HIIIIARD, GSEALl
Commissioner for the Confederate Sstes Of america
GUsTAvUS A HENRY, [sEALl
A O. W. TOTEM, [sEAL
WASHINGTON BARROW. [sE4L.l
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1861-05-08
esorg, = Rhodes vs.. tn. state.

This was an indictment for an assault and battery
with intent to commit rape upon female child or
four gears old. The jury convicted him and fixed
the term of Imprisonment at two years IN the peni-
Tertiary.
The only question presented in the case is, whe>
Their the facts constitute the offence created by
46l7 of the code.
After giving the common law definition of rape
in the 46l0th sec and in the next section prescrib-
ing the punishment of rape upon "a female of ten
years and upwards" it is then provided in Sec 46lO
that ANY person who shall unlawfuly and carnally
know and abuse female under the age of ten
years shall on conviction be punished as in Of
rape" To constitute rape. the carnal knowledge
must be ,.forcible and against the wllp This only
applies to females of ter yearg and upwards. Bat
if under ten it need no; be forcihe and against the
will. This. though not rape is a felony. But in
both cases there must be carnal knowledge. The
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1861-05-08
Passed May 6, 1861.
About the Recognition of the Co federats
States by European Powers.

| About the Recognition of the Co federate
| states by European Powers.
| We find in the Charleston Mercury, letter from
JOHN MITCHELL. dated Paris, April 9Th, of which
the following is an extract:
Intelligence has just arrived here that three
leading citizens of the Southern States, including
W. L. Yancey, are on their way to Europe, to put
| themselves in communication with the principal
governments, especially France and England, to ex-
pound the reasons and grounds of the great Amer
lean Revolution, and officially demand recognition
| for the Confederated States. 1t may well be con-
celved that in the present condit of your affairs
this proceeding will give rise to various and con-
| fictng appropriations. The Southern Confederacy
is not yet officially recognized by the rUmp of the
| United States" and the government of Mr.. Lin
coin. if powerless for anything else yet avail
| itself of diplomatic etiquette and the comfy of
nations" and affect to treat you as rebes-not &C
tually and practically at home, but by manifesto
tons intended to meet the eyes of Europe, and as
| it were, in a certain documentary manner. They
dare not act towards you as rebels, and this, it IS
hoped, will embarrass you for the present In fact.
| the question whether you are to be recognized, or
not to be recognized, is agiating both France and
| England good deal.
| Before this reaches Charleston you will have the
report of the proposed resolution in the British
Parliament on that point. In France there two
strongly defined parties already upon this especial
| question.
| The Commissioners on their way may meet with
| encouragement, and will undoubtedly find large
mass Of absurd Misrepresentation to be cleared
away; yet, entertain doubt that they will com.
| Petely succeed in their mission. very few weeks
more of the silly and cowardly braggadOcio of the
North, and of the steady, set-reliant organization
of the South, will show to Europe where the force
really resides and to force, Europe bows with a
reverent and painfully sincere homage. Already
! il begins, think TO dawn upon mems minds that if
S0utherners not rebels and are not TO be treated
rebels then the Noriherners rebels Above all
things it is difficult to make Europeans comprehend
that neither party is is rebellion neither party alb
soutely IN the wrong, but both standing upon their
! rights. We must wait few hundred years before
Europe can rise to the height of that conception.
In the meantime, to solve this present difficulty
to meet this immediate exgency-I believe. the
settled opinion IN Europe will shortly be that the
North is in rebellion with the South-whIch is also
nv own Opinion,
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1861-05-08

State in the Valley the Mississippi offers great
the settler the Illinois There
OF the world where all ofthe conditions Of climate and
admirably combine produce thoss great staples
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1861-05-08

An ABoLIr1oyIsr PICKED UP"-The Harper's
Ferry correspondent of the Richmond Wing, writes
under date of the 18th ult:
There are quite number of ''niggers'' in service
here; who are frequeHtyfeen stepping about the en-
cam2ment, fully arme d. and sometimes uniformed
They are, of course, body servants, faithfully fol-
lowing their masters TO the field. white man ap-
preached two of them the other day, and commenc-
es a conversation by asking them why, as they
were so near free State, they did not escape TO
freedog1;v the yoFds we're no sooner uttered than
the negroes simultaneously seized the fellow and
marched him off to the guard house, and preferred
the charge of "abolitionism" against him. lie was
Immediately put in durance, under the negroes.
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1861-05-08
HUNTSVILLE FEMAI
College.
CIRCULAR LETTRK,
HUNTSVILLE FENA.1 C0aIkr
- =. -

HUHTsVILLE FEHA.1 C0aLke
April ~, led1.
M view OF the excitement prevailing thsoushoatoa
try very desirable IN young ladils Who are Fsu
home to be educated should be placed whore their pares
be assured Of their safety.
glance at the map will show that HzyTsvLLE in Nor
bsmS far removed from any pcnt ly 10 Dc attacked
tile troops
An admirable organisation civil and military, has been
ed for the preservation Of order sad safety from any d.
dis urbsnces
The heahfulnes and social advantages Of Euntfrile
we'll knsEn % require remark Ihsrs Is no place "a
South where iAs samnss could Be pleasantly ssnt
beautiful town. with its clean ADd shady sue - ~ Pn
cool spTng water and Es invgorSting mountain ofss1s
at HBNrsvTlLR FEMALE COILssR Boarding fupik vi
eeYed ard comfortably cared for In Vacation a. HsA4 a.
heregular sessions Of the school. -
We insert extract from Letisf OF BsnoP
recently publiahed in the New Orleans "Crs1sn
'Oa reaching Huntsville. vent direety = ne E-oAi
leye. found The Instsu In sPP1rent Jus - g
siancess found pleasant fmily slsossAst, -, q
passed pieasan tine The beauties Ct hah-- iis Aea
ruundings are The theme 81 admiration TO All fesel
say MOTH on tha nt, and wills only az nSl ne CO
presents many and great Attractions 20 Fsn tat Esr
who nay wish to educate their dssyheIs or IN Ia
institution located in midst q nm which viii
pare sAvcrably any in the lald i'r lAsenes AMI
moral tone. =. - -. -
POLITICAL soundnes1 ,,,,s. -,
81 Ts,ree. he has hee1 WelknOuD, fsE hacasis past
epn aavocate with tongue and Psos Tor aenshern nek
- IN Nh 1sTse1lSrs, end for Catalogue
.e.a ~ 20 j. q WILSON prs,fa.l
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1861-05-08
Absent: Mr.. Peters.
The fnllnMino Is the vote in the House:
by Authority.

AN ACT tc repeal so much of section So of the
Militia Law passed 2Sth Jan 1910, as requires an
oath to support the Constitution of the United
States.
SECTION Be Il enacted by The General Assembly of
The State Of Tennessee, That so much Of section
nnety-sx of the Militia Law of Tennessee, passed
the 18th day Of January, 1910, prescribing oath
support the Constitution of the United States, be-
and the same is hereby repealed.
Sec. ?, Bat enacted, That this act take effect from
and after its passage.
W. c. WHITTH0REE,
Speaker Of the House Of Representatives.
L. l.. ST0VALL,
Speaker of the Senate
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1861-05-08
PROCLAMATION

TENO tire Shsrs Ct the couuof Warren, Cannon. Coffee
Van Buren,, Franklin Lndn, Giles Bedford, Marshall,
Marry RutheTfJrt Willamsos Hickman Hardin, wayne,
Lawencs, in said st9eGreets You hereby commanded
p open and hod election all the places holding elee
tans your respective counts the 9Th day Of June
after having given the notice uiTd by Law Tor the election Of
MsjorGenera f1r the % Of the Militia CT State
ali the vacancy said dvon ana due return thereof make
to sccordIng 10 law.
In testimony wheof, have hereunts set ny band
T. and caused fea seal Of said State to be AIMED
- at Nashville, n e5th day Of April, 1861
-~-Py the Governor: ISHAM G. HARRIS.
J. ,. RAY, Secretary Of tate.
apsG-dtR va wide
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1861-05-08

OF " HaF uUes E1le Scuth EIEnt!
For everything worth living for-To resist ag-
gression, to resist subjugaton, to resist military
despotism, to protect our lives, and the lives OF
our women and children from the brutal and in
furiste passions of the mob, and to maintain the
doctrine of our revolutionary sires that the con-
sent of the governed is the only true and legitimate
source of power He that falters derict to every
dictate of patriotism.