davidaulloa/AmericanStories huggingface dataset:
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1861-03-20

a
This vas en- action cf ejecimant brought b, th.
plaintiff against the defendant On the 18th dsy sf
May 1858. Tne Summon Was returned 10 the Nav
term, 1905.
After the return term. to vii, en- the 17lh day q
July, the parties, BY writing in the form penal
bond submitted the subject matter Of their suit to
the srbitrament and award Of three persons named
tharaip. two IF whom afterwards made an award in
favor Of the plaintiff which vas returned into court
although the submission bond contained no prosis-
ion. that the svsrd should be made the Judgment
Of the court in the case
The record shows that the defendant fled excep.
tions to the award which were sustained 0y the
court, and the award rejected. And ~ iaEsaer ep-
peared that on the motion Of the Defendants eeun-
sell it ordered that the cause be placed on tne
trial docket
The defendant therefore fled plea Of puis dar-
r continuance setting up the refereace Of the case
to arbitratiors by the parties out Of court as ds
continuance; upon which issue was made % the
country.
On the trial the jury found the defendant guilty Of
the trespass and eectments az charged in the dec
laration In proper form but they found the issue
on the pleas Of plis darier continuance for the de-
fendant
And upon this pending the court rendered jndg-
ment that by the act OF the parties, the suit was
discontinued and the defendant 60 hsnce.
From this Judgment the plaintiff prosecuted an
appeal in error
9s@t~-A1CAts
the very novel and extraordinary proceedings set
forth in the records, is essential to be noticed
The Judgment is palpably erroneous. Its as GER
anly at the option Of the defendant to have treated
the suit as discontinued by the reference of the
cause to arhitrators under the circumstances. And
to have ayailed himself Of this right, nothing more
was necessary perhaps than simple motion. But
we think the diseontinHance might be waived; and
that either by the express tacit consent Of both
parties the Jurisdiction of the court over the case
and the parties, might be restored and continued;
and by the conduct of the parties above set FORTH
this effect was produced.
The defendant by failing to msve discontinuaDce
at the.proper time, and by filing exceptions 10 the
award, and demanding the judgment Of the court
thereon; and still more by his motion to have the
case placed on the trial docket, efectuaIy waived
and forever preeluded himself from insisting upon
discontlnuance
The plea of puis ddTrier continuance, the issue
upon it. together with the verdict and judgment
upon said plea, were iall alike unprecedented and
must be altogether ignored.
The court should have treated the finding Of the
jury. upon the latter issue, nullity. and have
rendered Judgment for the plaintiff upon the verdict
on the merits of the case
The result is that the Judgment must be reversed
and the proper judgment viii be rendered here in
favor of tAe plaintiff MCKINNEY
A true copy. Test W.R. CAswELL, Clerk
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1861-03-20


was running night express tram, and had ;
train Of ten cars-eight passenger and two baggage
ears-and all were well lcaded- Vas behind ur,s.
and vas very anxious % make Certain p9lati ta1s
was using every exerfon' kna putta.8 &c erglne
to the utmost speed % Wn,cA sns e. eeP.ols-
was on section OF me r91a l1a-..{ es.'..sss1 ~
best running ground on tie ilae an1 H1s endeAso.
ing to make the most Of it. when eonFaesf1o sf1
me that must stop.
scnething seemed % tell me- that % &C. e-21t
was dangerous, and that znust sop ee.,- -
life. looked back at my train, and Is was all Fs
strained my eyes and Peered into the da7knsss.
and could see no signal Of danger, nor anything -
soke1ng danger, and there could sas nTe miles =
tne DAY tine listened to the workings Of my en-
glne tried the water, looked at the guage, and AZ
was right 4 tried TO laugh myself ,ut Of Wasf
teen considered childish fear; but, Ike Bsnquos
gnoss, : would net down at NY bidding but grew
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1861-03-20
Lively Times i'm the senate:

The Washington correspondents Of the Charleston
Mercury telesrAphs under date Of tae 10th, as fol-
lows:
They had 8 sharp time in the Senate 70 dsy.
Douglas made great speech. BE argued ina, Ine
Government had neithsr the right nor tee might 20
collect the revenue at the South; that tnis couio
only be done by re-espturipg al tne IOl.I nOm ~
,be hands Of the Confederate States, which would
require $4,000 men. at the least estimsts me
expenditure he said, would amount to no less man
s3i6 COO 900 annually, and an army Of ~ oOO men
would, besides be required to protect ssnlngson
m is understood that this estimate was furnishes
bv scott.) Douglas closed by declaring plainly
thai there we're bat two alernstives-either 70
w;tSdraw The Federal troops aud acknowledge the
iudeuendence Of the South, or to begin civil var.
If the latter course should oe de.srmineo On ne
added. the sooner they began the better
During his speech, which CALLED the Aboliticnists
terribly Pessenden frequently interrupted hin, and
| rather violent words epsued
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1861-03-20
n.,.r ceneral Of me AlaBama A1ary

We are glad to know that the Hon. jeremiah
Clemens. Of Madison has been appointed Major Gen
eral of the regular army Of the State of Alabama.
We congratulate the Governor upon this appoint
raent. Gen. Clemens served with distinction 10
Mexico and if the worst comes to the worst, we are
confident that the Alabama troops will, under his
command do credit to their State. Gen. Clemens
leaves this evening for Huntsville, to settle his
private business, we presume previous to entering
upon the duties of q soldier. Col John T. Morgan,
Of Dallas, and Col Clint Davis of Madison, are ap
pointed aides-de-camp to Major General Clemens
with the rank of Lieutenant Colonel We wish the
gallant Colonels much glory in their new avoea-
tione
Hon. E. c. Bullock, the brilliant, ehiyalrous, and
Accomplished Senator from Barbour, at present
serving IN the sand batteries opposite Fort Pckens
in the distinguished position OF High Private Of the
Eufaula Rifles is appointed Inspector General
Montgomery Advertiser.
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1861-03-20
N. cu.t,bus non Dlsputandum.

We have observed with regret, that the Richmond
Whg seems to take pleasure in spproprlating 10 It's
own use the various bit Of garbage belcbed forth
against South Carolina by an unscrupulous North
ern press and its forged and mendacieus correspon-
dence We have noted too, with some little of sur
prise, that the RAg, after gathering and publish
ing this iusidious trash. seldom troubles itself TO
defecate by correction their foul and noxous hbels
In accordance with its usual course we see psraded
in that journal the rank calumnies Of the New or
Times. contained in choice letter OF certain
mythical Judge(?) Robert Lyon(?] of AbbeTIie, en-
bracing about as many fslsehoodS as 1t has lines.
Now if our contemporary has SO great psnehGnt for
this species of literature, to find the temptation
of guphng it down irresistible and cannot be pre-
vailed upon to disgorge what is apparently assiDi-
lated without difficulty, it should De understood that
We have no wish to deprive it Of aliment however
gross or to disturb its digestion, however untidy.
But if it be any part of the profession Of the Wig
TO have respect to truth and justice, snoth-
er opportunity is here offered Of li1iviating
and celebrating stale and tainted mess OF garo-
age touching South Carolina, which 1t has seen
proper to select and put in circulaion-ChGr9est0T
Mercury
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1861-03-20

In communication TO the Boston Medical and
Strqieal Journal, DR.. Hayes, State Assayer Of Mas
sachusetts states that he has made somewhat ex-
tended series of analytical experiments spirits
and in no case had he found that any deeterious
body had been added by manufacturers tc distilled
liquors. Cases of sudden poisoning BY low-priced
common spirits frequently occur, but these ar
caused by the fasel oil which Is produced BY the
fermentation Of mixed grains. American distliled
Spirits when allowed 70 become old, arc less dele
terious than mostof the foreign brandies In newly
distilled Spirits however there is source OF great
danger which should be generally known, as il Is OF
special interest the medical profession. Of these
Dr. Hayes says that the newly distilled sprits Of the
most common kind often contain salts Of "copper" Of
lead or tin, derived from the condensers IN which
the vapors reduced to 3 fluid form. The guam
tity Of copper salt contained in the bulk usually
taken at drsught is sufficient TO produce the min
or effects of metallic poisoning, and the cumuia-
tive character Of these pOisons may even lead %
fatal consequences In the "old spirits.7 examined
by Dr. Hayes he found thas those metallic salts had
all deposited to the bottom Of the cask New spir~
itous liquors and the dregs at the bottom Of the
cask may, therefore, be considered highly poison
Ous
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1861-03-20

TIE REsIGNATIoN OF AD5rrAST GzNxRAL CeOrEE.
The resignation Of Colonel SAMUEL COoPEs, Adsu>
taut General of the United States army, has created
much surprise. A writer in the New York EspTsss
says:
Colonel Cooper is native OF New Ysrk, gradua-
ted from the West Point Academy with very hlgh
honors, and has long resided in Warrington He
married q sister Of Senator Mason, of virginia
Captain Sidney Smith Lee, Of the navy, son Of Light
Horse Harry Of the Revolution. and brother OF Col.
Robert Lee, of Arlington married sister OF Mrs.
Cooper. Col. Cooper has q very large family; some
ten or twelve children, and as the word goes now
adays is in point of property, poor man; ms seie
income being derived from his army pay, which
amounts to about 5000 year. yet he resigns this,
with his large and interesting family On his hands
and subsidis, at the age ef ffty-hEe, from hlgh
military position to that of private citizen For
! WHAT Ave- why does Colonel Cooper, Of Northern
birth, calmly resign his commission in the United
States army, and his five thousand years He does
it because he knows from his official position that
civa lcar Is inssiae and because he is not willing
to be made an instrument By Abraham Lincoln for
shedding the blood Of his ehildrea's kindred
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1861-03-20

DIRECT TRADE AND COTTON sPINNERs' CONVENTION ;
ar ArI.ASrA Gait will he seen from the pu bhshed
proceedings of the State Convention, that commit
tee representing the interests Of Alabama has been
apnointed, to attend the direct trade and cotton
spinners' convention to be held at Atlanta ON the
10th inst.
If the northern counties of Mississippi, Alabama,
Georgiasand South Carolina can engage successfully
in spinning our cottoninto yarn for expectation
to continental Europe it opens the way to the pro-
ftable in door employment of large portion Of our
white population. The snoJeet deserves the as.en-
t;on of the Merchant Manufacturer and the States
man. We are glad 10 see this action BY the State
| Convention Our Northern enemies will thus see
| that we are strengthening our sInews OF var
| Uoafnornery ADVERTISER
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1861-03-20

ner, speaking Of the letter from pretended Able
vile planter over which the Abolition papers have
lately been exulting, says:
Il is unnecessary to contradict any Of its state
ments as it bears falsehood and absurdty upon -
very face It was doubtless written for The pur
pose of preudicing the cause Of secession in Texa1
and, although the wriser speaks Familiarity Of q bot
tom land on Long Cane and other matters concern
imp US, we doubt that he (wkoever ne may bel was
ever in the District.
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1861-03-20
nn,n,an of yice-Pres.dent stephen

On Tuesday night, at Atlanta, Mr.. STEPHENS
spoke and in closing said:
He would make prediction that some might
take in the way Of good news II they wished. he
we would hesr of the surrender Of Fort Sumter
what the labors and science of General Beauregard
had done iu convincing Major Anderson thar ms Po
sition was not Impregnable, he would not under.aks
to saw. But let this prediction turn ont as Il nay
~ one thing we might rest assured that the forss
s-o,,l5 be given M. or they would be taken away
NJ stephens seemed to be satisfied that we should
have peaceable separation from the North, but ne
said o,, general preparation and readiness to mea
diffarent result might have had great deal to DO
with such ceusummstion.
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1861-03-20

SPECIAL NoTIcE.-Tbe UuoK AND AMzRIcAE q eondscf
srsctzv upon Ne Casa sysss9 Az papers are escolsn.
sd az tks esDfatoa Of de tins seAfA Trey Aspe 6ee
paid Ss5sc5srs sDi Be notified sctsa ther saosesoH
q about TO sepire by GROSS nAzz on sf dno W
fhs s6serpti0f the paper sc oe dseoHtf7
usd. TAts rsls rom 1Aic Tiers iH Be no dsparssrs
EQtc1 for e mark, dd reEe5 rour suoscrsptkon
Weekly UE1os AzKRIcAE 81 per aznan IN odeance-
Tf Weekly UsIoN AllnRlcAN 3s per a1ss'n ts adj
Subscribers desiring their papers changed must mention
The ro aswell the TO- which they desire the
change TO be made.
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1861-03-20

MORE HEAVY ORDSAxcE AND AxxUSTTIoS.-W hear
that Gov Piekens has six hundred and sixty kegs Of
powder en- route, which was shipped from Whining
ton on Monday morning for this city having Just sr-
rived there from the North bill Of lading for
twenty seven hundred ather kegs OF powder from
the North per order Of Governor Pickens, was also
raceived az Wilmington on Monday morning
inc in ali thirty-three hundred and sixty kegs oi
powder. Two heavy Ten inch mortars from Rich
mond. ordered by Gov Peksns, in addition to thoss
already arrived, were shipped from Wilmington OF
Monday morning on the Northeastern Railroad
Also, four hundred nine inch shells and larg'
arnount Of shot &c-C Charleston Courier, March II
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1861-03-20
The largest circnla1Ion of any Political
Paper In Tennessee.

In politics. the UNION AND AMERICAN advocates the
principles of the National Democratic party as ex
pressed in the resolutions adopted by the Conven-
tlon that nominated BRExNRIDGE AND LANE. 1t
devotes special attention to its News Department
and as an accurate and reliable reporter Of Com
mercial and Monetary transactions it is without
superior in Tennessee, or any other State.
It is Democratic to the core, working for all the
great interests Of our sools country deeply alive
to the development of all the varied resources Of
Tennessee, and labOring for the prosperity and en-
terprise of our city The markets. produce and
money receive special attention. and our reports Of
Commercial matters are gotten up with great care,
and may be relied upon as apprcximating to GER
tainty If you want Politics. News, or Commercial
information. the UNION AND AMERICAN is the paper
for you
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1861-03-20
Msiorilies ............51 Il

MaJOffiie6.ss ssss'''''OA
whole number of votes polled 164l-s
This is larger vote than was polled at the cleo
tion of . delegate on the 4th Of February. Mr.
Thomas Branch (UniOn) then received $50; Thomas
Wallace tSecesson) 427; John Lyon (Unien) Sc9.
Total 1885, The gain on the secession vote then
polled is 452
The vote yesterday was the largest vote ever
polled in Petersburg, except the one given at the
Presidential election last fall when it reached 1906
nr mare Express
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1861-03-20

THs SIS, 900 LoAN.-roe Peoples Bank Of
Charleston has offered for 500 600 Of the first loan
of the Confederate States and the Bank Of Chester
for S1e0, 600.
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1861-03-20
secession triumphant i'm Petersburg, va.

Secession TriumphRnt i'm Petersburg Va.
The third and sRd last day OF the voting for and
against instructions to delegate ID the ConVen-
ton was characterized BY much activity and excite
mept, but passed off without any act Of violence,
although there was considerable ebullibon Of i'll
feeling Both parties went to work with q most de-
,ermned will, and for long time the voting was
about equal At IL o'clock, the friends Of secession
commenced gaining over their opponents snd con-
tinued gradually to swell the instruction vote, until
one o'clock, when the leaders the other side gave
up the contest and the secessiOniss had everything
CHER own way. The majority, it will be seen is
very decisive and declares in most enphsic and un-
mistakes toneG the true position of Petersburg in
this great contest which is being waged in Vir-
ginia, When it is reooected ths. the combined vote
given in Petersburg for Union, on the 4th Of Feb
ruary last was 1899, the powerful reaction that
has taken place in public sentiment appears almost
incredible 1t has been brought about ssleiy BY the
unscrupulous and defiant course Of the Black Re-
publican leaders and their cohorts-s domlneering
and insolent combination, TO which Virginia can
never submit with the consent of Petersburg. We
append the vote of the past three days as follows
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1861-03-20
a Good Fnrm for sale.

VETE oer for sails the place which Coleman has lived
Wv since 1855, and known the Rogers land lying on
yellow Greek Dickson county Tenn, partly the stage road
within mile Wiismsvie, and three miles OF the Nash
ylIs Northwestern Raroad healthy peant and beau
fu part Of Tennessee Said land contains about two hundred
ana ninety srs-eghy cleared, and about h acres
good clear isn good state Of cultivation with coa
ytsble houses out Also two good
orchards several failing springs OF excellent waer
well tmersd and certainly be made one et e most aes
rabe teckfgrr,s in this secen Of country We promise
bargain this land will sell cash. time with inter
sst For further information call james mcNeily, VINO
lives near said place. the undersigned at Fovr Landing
Tennessee river. bhhS q bho1Ahh'
Urion and american copy and charge AdGoedte'
nen2q If
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1861-03-20

Decisions % the suprsme court o4 she
state Of Iennsssee, at KnsxviIle, sep-
semoer Terms 1850.
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1861-03-20
TH M S

TCasa I'm advance I'm all cases for cibus
and Annual subscriptions.
The DAILY publishes a very large quantity o
matter. and the TR1-WEEKLr is made up of two
Daily issues; and the WEEKLY is of the largest
handsomest, and cheapest sheets printed IN tne
Union
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1861-03-20

Magazines for February.
GnnEv,s LADvsS BOOK for Fehrusry. Iust -.
eelved By eHsSN = ".
PETERSoN,S LADIES, MAGAZINE, for Iss
rrary, Just received - aHsAA W.
ARTHURys HOME MAGAZINE, for Fssruary
lust received BY aHsAN w.
naflx Fauers-Prscs Senta n. z Hefzid, Lo1sxiiss
Journal, CINCINNATI Conmsrciai, Ranore Ana, cha<eson
Mercury ST. Louis Republican. Louisville coufieF &C, e
NEW BOOKS.
We ara eoust.utiy rsseivng ali pcpalur NKW
BOOKS In Parer and Cieth Mncings-
LTTERART AND NEWSPAPERs
We keeu azxAr Of Literary an NeWspaDsrI shick
VII sapnv At puhllshers' prices Coma sabscre Vo
would gss residing matter cheap
sfattonerT.-eur stsek Of Letter. Ncts aed Rcoascso
ransra larze eates Inks, Steel Cold Peua ank
BOOK, Cheek, Note and Dran Bosks, &C kc.
Cai at GREEN & CO.,
taals-d&wh Ne.o, rnien snsss
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1861-03-20

HaWthorm'' for lease to "A Good
Tenant.
DezIre TO place my residence * miles west OF the Pub
lie sousze good Tenant for series OF years
upon very easy The premises contain about II acres OF
superior so cultivation the balance in shade and
blue grass with porches exceilant cellars
eryapts houses stabe WE'LL &C. all and comfortable
To the Gardener the Dsyman, GebuemAn seeking
uiet and retired spot Instantly free from the heat and dust
e town. place for rent In the vicinity OF Nash
Vile offers superior attTactiops-
To the right man will make the terms acceptable.
No. az. Cherry street EUGENE oSDEh"VVD
Aecl3-E
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1861-03-20

The UNION AND AMERICAN Is furnished to subscri-
bers at the following very low rates. Subscriptions
always to be paid in advance.
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1861-03-20

yKNHYs n atoSser new medicine, result Of nedern
discoveries in the vegetable kDgdsn, being an entirely
c~n a svstes pubIshed BY qusck the suffer
Ing Wright we'll knowing tie desption PSctsec upon me
the whole hedcs Rscu who, Eithsat even one dissenting
voice. have given In the adherence 70 ts perfect ane zee
reduced 81 oher medicines known 70 the
Pos have been trsd IN yan Long ss.snD.o have
crowned sdOrs and he ore the kr % sa
Sisesses~oansiy,
General DEBILITY,
Mental and Physical Depression,
psseruination Of BsOd to the Had.
Confused Ideas,
Hystsria, ,..,,.,,,,,,.
Absence Of Mu'cular Efaciency'
EaaclAssou.
DisOrganization Of the Organs ef
Psiptstion Of the Heart,
And in fact all the cOuSOnans Of AHd desitAssd
state Of the syster-
As a stimuIRnt
N Is quite different from alcoholic preparations net SUP
ect in shape continues e sxes. M @
gradually eeenty, a. long a. the least necessity
As Female Medicine,
and elective the equlisEuE
have oOSs the market and Injurious In Pace
Of asuE o reDOTstng conuon for very Esoa Ess
snoxsnt o: The Medical profession AlsoEether.
No Minerals!
Dr. Wright thinks stake bis professional ehassc.es
on fact ths ninsras whatever form ne leA
srts q the Ingredients Of hs RejuveRstng kve theN
fpr vna ruin snaea the community by opium AnO
mercury. -, -. 49,,
oueaIIy debiAted Dr.. Wright would sAS, Nevel
depsiS. how down you may BE- no matte, nov
bs.sver has led you . depart Hygenc prncpie
i take his
RejuvenatInG Elixir,
And YOU will hn1 yourself Dana pride tnstesa
the reverse, your friends and healthy, ssund ana vcS
4 nerheF Of the human family.
\ cd 81 mall to ali parts Of the United States
eed By respectable druggists throuGhout the uni.sa se
and Canada The trade Supplied At liberal discount
4 For sale By the propnetcss.
! 2l and Isl CbArtres street,
New Orleans, La
Sole IN Nashville hg O. W Hendsr1hott, Berry Dsnoye
wing k Psndeton, and all Tesponsble druggists eeSS
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1861-03-20
Gbs 9askbiIIs anian ans 5msritun
Rates oE Advertising.
TEn LINES on EEse cossTrrurE 4 SQUARE,


REEEwABLs AT FzEAsuRz.
Ore Square, ons yssr. ssezaeh additional Square sIo-
Advertisers exceeding the space cens1actee
for, VIII be charged for she excess.
IN THE wEzKL1.
oxr po1AR per square the rs FrrK Curs FOR each
Adyer.usnts published In both the Daily Weekly, vii
Be charged the full daily rates with onshs the weekly rate
7ransfss Advsrsisnsnss peid for at ths s'set
snsersioa-
Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1861-03-20
BROADWAY HOUSE

Nashville TenBesaoe.
TVHiB Hotel situated Broad sees near he Hsshvls
1 and Decatur Railroad depot, eunvenisnt also % lbe
sieanbcat landing, and noT eondncied by NJ
Gate oe Giles counyJ Uhsrs he use Is hst sndssvors
make TIE house hoa q the Tavelsr and Bcardck,s
prices @ suit the tnss- Come and try itl BE win
Trains leaving TIE city
fsh29-dtEkEsf