Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1866-07-08

taken any action IN his case, so far as he could
] learn.
/ A telegram was received from Mr.. RICHARDS.
I % the effect that he would be in the House on
/ Monday.
! were Only ffty-One members present.
/ On motion the House adjourned until 10 o'clock
W"
IMPORTANT EcIsIoN.-C Chancellor CAMP
BELL, yesterday, delivered an important
decision, involving the following facts and
! points Of law:
In December, 1861, Gen. FOSTER, Com
mandant of the post of Nashville, issued a
general military order that no person should
leave the city of Nashville without procur-
ing a passport, and that no person going
within the Federal lines from this side
should carry arms, munitions of war, or any
other article the transfer of which from the
Confederacy would weaken or detract from
the resources Of the Confederacy, or add to
those Of the Federal Government. This
order included gold and silver coin. The
railroad guards we're instructed to arrest all
persons found violating this order, and to
sieze all specie being carried away within
its provisions.
Accordingly Maj. HAWKINS, who was in
command of the train guards at the time, as
certained that Mr. CRAIG. from East Ten
nessee, was leaving the State, carrying an,
amount OF gold in violation of the order
The gold was taken from Mr.. CRAIG, and
the suit was instituted by him against Maj.
HAWKINS for its recovery. II. answered
that he had no recollection Of the specific
acts alleged in the bill but if true he obey
ed the order Of his military superior, and
turned over the money to the military au-
thorities. Upon the filing Of this answer
disclosing who were the respondents supe-
rior officers, plaintiff filed an amended bill
including Gen. FOSTER. A demurrer was
filed to the amended bill asserting a want of
equity. Upon this demurrer the opinion
was delivered, sustaining it, and dismissing
the bill.
The Chancellor delivered an eloquent and
exhaustive review Of the law of the case, in
which he held that it was competent for
party exercising beliigerent rights to make
all such orders and regulations as in its
judgment would contribute to its success
within the rules of civilized warfare as re-
cognized among the enlightened nations of
the world-that question arising upon the
exercise of this power could not be referred
to the rightfulness or wrongfulness of the
war in its inception, or in the opinion of the
tribunal called upon to decide it; that in
such a case an order Used by a superior au-
thOrity required obedience by the inferior;
and that all such orders, made within the
legitimate powers of belligerents were bind
ing.
The learned Chancellor observed that the |
rhine involved in the making and obeying |
such an order was no greater than the slay-
ing Of person in battle, and neither could |
be punished, at the conclusion of the war,
by the courts of the country in time of peace. |
The exercise of all war powers by recognised
belligerents were binding upon all the indi-
viduals Of the respective warning commune
ties. We do not pretend to report the Ian
guage of the Chancellor but give its sub
stance.
The importance Of this decision will be at |
once recognised.
BOLD ATTACK ON A PoLIcESrAN.-Yes-
terday evening a railroad employee who
boards at the Kendrick House, from some
cause that we were unable to learn, drove |
the landlord, his family and all the boarders
into the street Officer Comfy was called
for, who took the rufian into custody, in /
the meantime disarming him, and started
him to the calaboose. When near the Max
well House, he picked up arock and knocked
the policeman down, infictirg avery serious
wound on his head. A gentleman who was
near, ran to the assistance of Mr.. Comfy,
who was being beaten by his prisoner. The
ruihan observing this gentleman approach
ing, ran into an alley and made his escape.
We were unable to learn his name.
COUNTY JAM.-Tmprovements continue |
on this prison, and we can now boast of
Jail for safety and health second to none in
the State. OF the 81 prisoners now confined |
in the different departments of this prison,
there is not one but what is neatly clad and
in fine health. The Commission
ers have done their duty nobly, while great
credit is due Mr.. MCGINNIs the keeper in /
charge for his untiring energy in looking
after the com fort and necessities of the pris-
oners. Mr. BRANCH, the keeper proper of
the Jail, is fast recovering, from his indispo-
sition, and will be able to resume his duties
in a short time.
REPORTED TROUBLES AT GALLATIN on |
mn, E',,-r-,,r w, ,,,ra ;pe,r,,,aJ b,- Gar |