The home journal. (Winchester, Tenn.) 1858-188?, 1866-11-10
OUR, CURRENCY.
Are the Old Issues Of the Bank of
Tennessee Receivable In Pay
mrut ofState Taxes?

ALLL L
From the Nashville Banncr,J
see in your paper of the Bird in
stsnt a correspondence between John
League, Clerk Of the County Court at
Memphis, Tennessee, and William
Wallace, Esq, Attorney General Of the
same place, in which the said Clerk asks
the said Attorney Generals legal ad-
vice; that is TO say, shall he, the said
Clerk, refuse TO receive the old issues
of the Bank ofTcnnessec in payment
of taxes due the State, and issue dis
tress warrants, or receive the Issues of
the Bank Of Tennessee, or inform the
Department ut NashvillcY
10 which the Attorney General in
substance advises said clerk, that if the
issues ofthc Bank of Tennessee are
not at par, hat he certainly would not
be authorized to receive them in pay
ment of taxes due to the State TIE
Attorney General pyedicatcs his legal
opinion to the clerk upon section 6O4
Of the Code Of Tennessee. | suppose
he means section COB Of the Code
which is in the following words:
"Thc collector shall receive in dis
charge Of public taxes and other dues
to the State, besides the constjt .ut:onal
and lawful currency of the Uuited
States |, Such bank notes as are cur
rent and passing at par in the State.
9. Warrants issued BY the comptrollrr.
3. Certificates from the county Court
for killing a Wild cat when offered to
Judgment of the poll tax of the per
son to whom such certificate is given"
J respectfully insist that said opir-
ion is roneo and not sustained by
the constitution ard laws Of the lend,
and is calculated to mislead the clerk
of the County Court at Memphis, and
others in the State, and may result in
great detriment to thousands of the
tax payers in the State Of Tennessee. ~
The Bank Of Tennessee was incor-
porated, by an Act Of the General AS.
sembly of Tennessee, passed 10Th Of
January 1888, and the 18th section Of
said Bank charter is in the following
words: ,.r..
"Be it enacted, That the bills OF
notes ofthe said corporation, original
ly made payable, or which shall have
bccome payable on demand, in gold
or silver coin, shall be receivable at the
Treasury Of this State, and by all tax
collectors and other public officers, in
all payments for taxes or other monies
due to the State"
The Bank of Tennessee went into
operation b. Vi rtue Of the provisions
Of the charter, and issued and put in
circulation bills or notes Of the kind
and description, provided in said Sec
ton II. The undertaking on the part
OF the State, by virtue Of said 18th Sec
lion, to receive the bills or notes in
payment Of taxes and other monies due
to the State, constitut ted 4 contract be-
tween the State and the holders of the
said notes, which neither the State nor
nc: officers and agents are ut liberty to
bre.k or impair. 1t is a continuing
guarantee into whatsoever hands said
notes may rasg, that they shall be re-
cciyed at the Treasury of tbs State,
and by all public Officers in all pay
incnts for taxes or Other monies d';e to
the State. This is not now All open
debate question. 1t has been >'ecidcd
by the highest judicial tribunals H. 1wn
to the count y, and the Clerks Of the
respective County Courts in this Stale,
ought to receive the notes and issues
of the Bank Of Tennessee, issued prior
to the 9Th day Of May 1861, in pay
mcnt of all taxes and other ducs to the
State ofTcnncssce.
Prior to the adoption Of the Code Of
Tennessee in 1858, the colltc o.s Of
taxes due to the State, after refusal to
receive anything in judgment thereof,
except the notes Of the Bank OF len
nessoe, which were bound to receive
by law, or Of the constitutional and
lawful currency ofthe United States,
which was gold and silver, AID \ legal
tender in all cases. But they refused
to receive in payment Of taxes due the
State the notes Of the banks Of South
Carolina, Georgia, and other States
whose currency was equal to, # not
better, at that time, than the notes OF
the bank OF Tennessee, and passing at
par. The notes Of the bank of Ten
nessee up to the adoption of the Code
had never been doubted. To enable
the tax payers of Tennessee to pay
their taxes due the State Of Tennessee
in other Government fun Is besides the
notes Of the bank Of Tennessee and
gold and silver, it was enacted by sec
ton GO3 Of the Code, that the collect
ors should receive il di: c';arge Of pub
lie taxes and other dues to the State, in
addition to the constitutional and law,
full currency of the United States, such
bank notes rs ere current and passing
at par in this State. .
The said See. 6O3 Of the Codo did
not repeal, o Was it intended to re-
peal, See. IL Of the charter ofthc Bank
of Tennessee. And to show that nc
such repeal was intended by The Legis.
lature OF 1858, | refer Attorney Gen
Wallace and said clerk, John League
to Sec. AZ of the Code of Tennessee
which is in the following words: "Lo
cal, special and private acts, and act
of incorporation heretofore passed are no
repeated, unless it be herein expressed
MOI are the occupant, entry and othel
land laws" The foregoing Sec. AZ, o
the Code, expressly dizziness class o
laws and acts of Incorporation tina
were not repealed by the Code. Th'
Bank charter is All act ofincorporation
and was expressly exempted from re
peal by the provisions of the Code
Hence. the 18th section ef-saitt- bsni
charter wasnot repealed, 0 intcnde'
to be rnnealed. by the LcGislaturc Whel