Brownlow's Knoxville Whig. [volume] (Knoxville, Tenn.) 1866-1869, 1867-11-27
SInlQR 90

! valuable.
Now shall your State be paid by the United
States for the use OF her property? Shall the Uni
ted States compel Tennessee to pay her claim with.
out paying allowing the Just claim of your STATED
If might gives right" il can be done, not other
wise. If this is ga land of liberty and law" it can
not be done. Tennessee never rebelled-a State
cannot rebel. It's citizens may rebel. A portion
a large portion-of them did, but the State did not
rebel. In contemplation Of law, believe, it is con-
ceded that State, as such, cannot rebel There
can be no confscation of the property Of the State
certainly there cannot be confscation without ju-
dicial proceedings. The citizen may be punished
| his property may be confscated but State can
not be convicted of treason or punished, or its pro-
perry be confscsted
The United States is indebted 10 the State Of Ten
nessee for the use of its Edgefeld and Kentucky
Railroad, and must and will pay 70 your State a
just compensation for it, and allow it an Offset
against the claim of the United States.
Again, further, what is the status of the other
railroads in your State, belonging TO the first class,
and what are the rights of Tennessee In regard to
| them Take the case of the Nashville and Chat
/ tanooga Railroad as Illustrative of this class.
The State of Tennessee contributed in her bonds
for the construction Of the Nashville and Chatta-
nooga Railroad say two millions Of dollars. For
this sum she has prior lien and superior equity by
the terms of the law. See Sd and 4th sections Of
the act of February / l, 1852. From your official
circular notification 10 the railroads of the State
dated October 23d, 1867, learn the Nashville and
Chattanooga Railroad is in arrear with her interest
account and it is clear that the road has not
piled with the 9TH section of the same act provid
ing sinking fund. In February or March, 1862,
the United States, by the military, took possession
OF this road and used it until the 10Th of Septem-
Der, 1865, more than three years and half The
Government rendered no compensation for the use
Of this road for that period Of time, but when its
use had TO be dispensed with by the Government,
it turned over, and there was sold TO the road
r11s u IL.
SIS. For the price of the rolling stock and mate
rial the military" authorties required the President
of the Nashville and Chattanooga Railroad Com
pany TO execute the following
BOND.
Kiloi0 al men By these Presents, That the -
- Railroad Company, duly Incorporated by
the Act Of the - of the State of Ten
acting for and IN behalf Of said Railroad Company
do hereby acknowledge itself and its successors held
and firmly bound unto the United States of Amer
lea, in the full and just sum of --- dol
lars, lawful money of the United States, for which
payment well and truly TO be made to the Disburs-
ing Quartermaster of the United States Military
Railroads. at his Office in Nashville to such other
Disbursng Quartermaster as may be designated by
the War Department. within two years from the
date Of these presents. The said railroad company
by its President, hereby binds itself and its success
sors firmly by these presents.
Sealed with its corporate seal, sttested by the
signature Of its President and affixed by the ex-
press authority Of its Directors, this -- day of
-, in the year of our Lord one thousand eight
hundred and siXty-fve (ls65).
The nature Of the above obligation is such, that
whereas the above bounden railroad company has
purchased and received or shall receive, from the
/ War Department 81 the United States, rolling
stock, iron rails crossties chairs, spikes, timber,
and other materials for repairing and operating its
railroad, in quantities, at prices, and TO an amount
and value which shall be evidenced by the receipts
given for the Same by the said railroad company to
the proper officer of the said War Department
a credit of two years from the date Of these pres
ents, payable in equal monthly installmenss, with
interest at the rate of $40 per cent. per annum
within the said two years either in cash TO the Dis
! bursting Quartermaster of the United States Mill
tary Railroads at his Office in Nashville, or TO such
| other Disbursing Quartermsster as may be desgna-
ted for this purpose by the War Department, or in
TRANSPORTATION Of troops or military supplies of the
United States under the orders Of the proper mill
tary authorities, at the rates of fare and tolls al
lowed for such service TO Northern railroads; and
WHEREAS, The said railroad company desires
and by these presents, intends TO secure to the Uni
ted States the complete and punctual payment as
aforesaid Of the amounts which may be due for the
said materials received 20 be received by it from
the United States.
Now, therefore, if the said railroad company shall
well and truly pay Aforesaid either in cash, II
equal monthly installments or in transportation, 81
aforesaid, TO the United States within two year.
from the date Of these presents all that shall BE du'
as aforesaid 30 the United States on account ana II
payment for all the materials received as aforesaid
from the United States then this obligation shall
be void and Of no effect.
But il the said railroad company shall fail TO pa,
10 the United States all or any portion OF what ma.
be due 70 the United States on account of the san
materials received from she United States within
two wears from tho date of these presents, either
cash as aforesaid, or shall fail TO pay any OF tn
monthly nstallments aforesaid, punctuslly, wheI
due then this obligation shall remain IN full torc
and effect 10 the extent that may be necessary I
fully repay the United States for the full amount
| which maY be due On account OF the SAID materlal
SO received as aforesaid, and all loss or damag
which may have been incurred by the Onited Stase'
, bv reason Of the said Railroad Companys tsllur
10 pay for the same what shall be due thereior
when the same shall be due; and
As a further security for such payment ana III
demnty the United States, the nlted States nav
a lien upon the property sold 10 said Company, an
, in default Of such complete and punctusl paymen
OF all moneys which may be due on account oil IN
aforesaid purchase OF materials, be fully authorize
70 take possession of and sell said property; an
also 20 place in charge and control Of said Comps
nv's railroad agent Of the said United State
9 who shall be fully empowered, and by these pres
s ents is fully empowered IN case OF such default
aforesaid 10 collect all sthe revenues of the sal
! Company, and apply the same 10 .he payment
4 the United States oil all the moneys which shall
e DE at the times Of such application OF such rev
! MUGS 10 the United States for any such material
I which shall have been delivered by the Unite
States 70 the said Railroad Company, or by reaso
of anv loss or injury to the United States resultin
: from such default in payment OF the same. An
the said Company shall have no authority to sell
convey out of its possession without the consent
tbe Halted States, first in writing obtained, any
the nropery referred to in this agreement but sha
bod and retain the same to the exclusive use Of sa
i COMPANY. in carrying on the business Of transpo
tatioa Of persons and property over It's line OF 70"
2 until the whole is fully paid FOR as aforesaid
p " In witness whereof etc"
d You will perceive that By the last clause OF :,
l. conditions of this bond that it is stipulated that y
J. United States shall have lien upon the proper
@ sold ard that they may enter aud take possession
a. il and of the road, and run and control the road.
4 This bond is but q second mortgage, and the RAJ
n road Company had no right, authority or power
= simulate that the military, any party or powe
"A should enter and take possession Of the road AT
hi enjoy its receipts and revenues. By the last clan
i Of section 4th Of Act Of 1852, il is expressly pr
be yided Il shall not be lawful for said Company
ed give crosie or convey 10 any person or persons
IN body corporate whatever any lien, incumbrance,
IL mortgage Of any kind, which shall have priori
les over or come in conflict with the lien Of the ST.
XIV herein secured II is plain, that unless the Gene
n Government intends 20 ahrogate and annu the IA