, 1865-07-04
MERCANTILE ASSOCIATION. !,


4 D1ONrHLT MEETING.
Reception of the Mercantile Battery
Banquet Observation-Disclosures uon
. 10 the Detroit convention Ap.
Polntsd-Relatlons OF Hail.
road Companies to Ship
II Pers OF Goods
The Mercantile Association held 1 repuI1
, monthly meeting last evening, q. ". KluE, Vic
President In tho chair, and n. L.dd, Esq., otci.
, ting ~ 4ssecretary.
A large humber OF nembe.s were present, IN
the soous were crowded by o1lce.s and member
l Of the Mercantile Battsry, who we're to be form,l
II received last evening. The meeting was or1au
3 | ICED at somewhat late h0nr In couscQ 1euce d
,bs time spent in greeting between the retulne,
| solafe1a and their friends.
: SERVICES OF TIE BAT1Enr.
The Mercantile Battery. formed uuda. tho ans
) psces Of the Mercantile Association, and com
nanded bT Capt. White. was mustered iuto tht
, .etEiee Of The United st.:es on the 29tb Of Aug
) oct, 1863. They then bad 1856 men, have sinca re
reived about 10 recruits. and now bring back bn
1a zen. They lett hesu on the 8th Of November
1Saa under Capt Cooley, and were taken 10 Mem
. Gen: Sherman and vent with him On ths Tails
| balchIe march. This was rather unsuccessful
and on thels return !o Memphis they went with
ae5esai @ Sherman 10 Vieksea1g, and participates
They were At Chickasaw BAyou o. Decembef g7h
q1 5snna7Z 1s ,hs5 kspt up
ksnsss Post, where, on January 1lth. they had a
couple or their men wounded In slight engage
mint iheir v d..t fa'9alsy: l, They Tere then en-;
urt'l they were called to sh11e In Gen. Gr,nt'd
s:eGe Of viekaourE. They csos:ed the river on
3n1 Ut, 1879. and bad az eng.gsnent at Fott
Hill snd Black, River bridge. They were tnen
thrown into the Investing army around Vicksbarg,
and one eeel1on Of the battery here perlosmed one
ed lheir battery up to within twenty I'VE feet
Of the eremys works, cut the fuses Of their shells
to quarter second. and thus tossed them over.
INTO he enemy lines. THIS vas on tte I'D Of GaJ.
They rem,intd before Viekshur9 untu Its surrrn-
der. Ju!T ~ 1s9L They were sa9asg1ently in ser
ot The Gal1. and went, as a portion of General
Fr.nkln's expedition to Texas. Recalled nom
u. Re: ihey formed Po5aoo Of General Bankh'
zion, at SablEe ctoia Roads, April 9Th, 1861, they
were "bad)y used up" Llentenanss Barr and
Th1oop, cns non commissioned olfleer aud pri
| yate we're killed, q number wounded aud Captain
White, tieutenant Cone apd eighteen men vars
seap.uIsd By Thy enemy, who retained them ior
1@er this they Wv Were {unisssd Rth sntsh'; u.tss sss
md served q infantry until August 1854, when
toh csralry division. under command Of General
| Davidson. With whom they went On the eIpedt-
| ton TO Paeeaenuta. Returning on ths 8tl OF
| camp ttere untti ordered home. They arrived
home fro1 the wara yesterday morning at seven
s6vn LIZ G e 1ips n
,hess departure ftom Calro reaching, its dastaa.
i un lsas9 hs s r.
! the tnttery tn this city.
Cspiaiu-P. Il. White.
Senior Filit uenten,nt-P.s s. Gone.
Senior Second Le1tenant-Henry Roc.
Junior Flint Leute1aut-F. T. Hescbam,
Junior Second Ieutenant-J1mes G. Lincoln,
THK1R INCEPTION.
VI. Lsdd, Secretary. Of the Association, cr-
planned the misunderstanding which hsd inter
lis arrival. He Aiso announced th1 1t the memaers
ard exmrmbers hgnoraoly discharged Of lie
bsiery were invited to dinner II ionr o'clock
IT nTsday evening at The fremont Uouee.
Capt. White Wts introduced BY Pre- sideut King.
snd n Es,y nr,sf returned thinks to ths
It vas announced thst any mem hers Or ex.
members who desired to participate Ia ibe dinner
70 dsy, WeIe de.ited to reportat half p,st nine
tton. where they would receive ncktts. Tbs lsdy
t,,sndt Of ,bs bs,.esy III e.ve meeting at the
sae eGs Stk,aatae ssn,1s o'eloss Pc thls morning.
welcome to the returned soldiers. ~
1he officers and men Of the battery theu re.
1t was subsequently, resolved that the s,a3 or
thereabouts, remaining OF the War Foud, eaouii
BE- paid oser 10 the ctnlzens' committee having
in charge tho soldiers dinner At Union UsiI. e
the contribution OF this assoctstop, 10 eoyer,hs
expense Of the dinner to their boys. Power wa
also g.Tsn@ @ 70 the committee On the dinner At 'hs
out Of the funds Of The association.
DE1koA11oS1o DETROIT.
Mr. Lsdh called attention to the propfiety Of
sxnoinx \. laeaauon 70 the Detroit CONVENTION.
McK:nele5, D. " ainsd1ie, ". j. A,,snN mug; Gbs,' ~
Wtlker, and P. Il. Willard w.re annn,nntea ::
sud delegation aad Vlea Pse.ident Kma ~ ~
added. "3a
TIKI NEW CHATTER.
Mr. 1add called.up the question OF the adm,
ton OF the new charter Of the Association but 81
the representation Of the psesldtne otjrer fhst
only ore member q ne sonnli,ee:tbereon was |
11ABI111I Or RAILROAD COMPANIES 10 surpr.ns
Mr.. Willard. from the mait,ee on this sub- /
jeet presented report. tho principal features or
xh6 xhs6 ne ne ias1ata R,s s
TO ne.,:s, Willard. King &iaino; aep;p!tspd ApH! 1861
Gent1emen-A common carrier Is liable for nil
car1isge, from whatever cause, uniess ffom the
&c, Of God, or the public enemy. ue ia in the M.
tnre of Insurer Of the property TO the extent Of
IL beyond his tottrol. provided, however. snch
csuee cannot h+ said 70 be an sct OF God or the
poh:lc enemy, In addition 10 big liability Is IN
esmago which h1e the reeu1t Of bis own reriE-
Rtnss OF that Of hIs se.vsnte.
The duties e 4 soumon carrier grow out Of Tho
Ttiauou IN which he sfandh TO the public. Ha IA
obliged to render the service demanded Of him Tor
reasonable reward. and cannot compel she enip.
lerfne him from his lahIl1ty as ineu,er Ia nav
qaahls his liability hy general notics TO ali who
nay employ hino q any Reasonable requislrion to
2. Of delivery ARD entry Of ps1ceI., and lie IN.
rates Of freight &C.. hut he Is bound to receive
jeet to al the responsibilities Incident 10 Iii em
pl' ymenf 31a Il lah1e to action In case OF se
pany and its nfaceis refuss to reeei1s lad eooSGr
such good, nn:ers the owner will enter Into /
contract Eeics1nR the company from the llabIi1tT
ner, such course Of conduct, perststed IN
Won1d. think, be good ground for the forfeit.
Gte o. .ts chsstsr. is competent, however, for
shipper, relieving him rom his liability as in.
ture1, and such contract t1irly entered into,
would btnd ihc parties TO It; But The Garner can.
Of h's OWL negligence or ra1seon.
duet or that ot his eetvaLt. Such contrsct Wnnid
be aFainss public policy, and could not be en-.
forced.
The form Of contract which yoo sent To me- thi.
morntDg, while It contains terms which lhe COM.
psDy h.s no ste ht TO exact, would n"t Haecsded
OF Its osn negligence OF ihat Of il serTaats il
merely relieves the company from 1t, Liability as
trsn.it on it, line. Ii case tle goods should A.
rive at their destination in dsmsged condition.
The question whether such damage way occasioped
ter for psoofas IN any olher case. The feceutIon
ol such receipt by the shipper, Without objec-
Tot, Wou!d BE- eFiaence ofscquiescnee on his part
otbeE words, II won]d hare the lorce and cf.ct Of
speeia! contract between The shipper and c1r-
:tef, snd would govern to tic extent aboYe ex.
,reseed IN eAee OF loss or damage to the parcels
bpped under It. To avoid this effect, the aaIest
ouise would be lor the shipper 10 decline taxing
Il. tsssns a1s s nss sSt9 ~ holding the
You're, very truly, nxNRr g. M111na.
CHICAGO, ILL.,, april I, 1865. I
llefs.s. Willard, Hempstead, and a.:
GW11EaEN: | understand The questions you
'roposed to me as follows:
eeeive Freight Of any kind 1suslly transported
:: Whethef hey have the power to limit thst.
rho wish to transport freight over their road no.
leo Of such limitation. 4
Z ahs H. ssst ssns1S Of sSGnesno' accepting receipt
4. Whether tic the consignor il Obliged to ad. a
apee the chargea Tor freight, ,
Answer. IL
/; AZ. railroads .se under = common Law 11a- :
ity to take and transport all freight brought 10
beir depoto for transportation. Thu. Is 4 pub|lc s
u&J independent Of contract. The carrier Is not I
ound, however, to receive goods which be IL not
ccustomed to CARY or when the means Of con 81
eynIcr arc all engaged. ~s3' 7
2. TheT bare not the power to limit theIr lfa. /;
llit{ by giving notiee Of sueh limitation, nor
~ 'heJ ne compel!ed 10 e4eeute receipts for m
nee to the common law liability OF earriers. ~ -
le party wishtne freight transported sees 1t to "
axe contract with The CARRIER the cnntract |
,R'rols the party and not tbs lisbliity.
g. II aueh receipt 40 the tnelosed is acceuted
1th full knowledge OF all pa:tlca interested. it
rDa special contract between the pattlet. snd
would be incumbent On the party claiming dsm.
g to prove negligence and default in The agents III
the company. nj