Brownlow's Knoxville Whig. [volume] (Knoxville, Tenn.) 1866-1869, 1867-11-27
Balance due nashville and Chatta.

Balance due Nashville and Chatta-
nooga Railroad on Settlements 1926 81
not dissmilar state of accounts exists in regard
TO the other railroads. The amount owing by the
United States to the State Of Tennessee and to the
railroads in which the State has positive equlta-
ble if not legal interest, amounts TO more than the
aggregate of the claims of the United States.
Now your STATED is directly and profoundly IN
terested in the railroads Of the State and in the
questions arising out of this complication Of claims
and counter claims. The railroads form the chief
item of assets of the State. They are the basis IN
part of the credit of the State. Their welfare,
| prosperity and credit are the foundation of the
welfare, prosperity and credit of the State. 1t IS
the interest of the State TO have these questions and
claims settled. There are two modes TO accomplish
this result:
pay the claims without settlement and an allow
Rnce of what may be fairly due the State and the
roads; and if any military officer attempts TO en-
| force the bond, and remove the property or take
possession of the railroads, apply to the Federal
| courts for Injunction and relief.
I'd The State could memorable Congress on the
subject and ask that the whole matter be settled by
the United States donating TO the State the amount
of the claims she holds against the roads, on condi-
ton that the State Of Tennessee shall assume and
settle all the claims asserted by the State and the
railroad companies against the | nited States.
1t appears TO me clear that the following propo-
sitons are true:
First. The State of Tennessee has a pricr lien
and superior equity created and reserved by the Act
of February lth 1852, TO all the property OF every
kind owned by the railroad companies and that her
rights under the law will be respected and enforced
by the Federal courts against all claimants what
ever.
Second, That the State OF Tennessee could not
rebel or commit treason, notwithstanding the larger
portion of the inhabitants of the State became
rebels and that the property and the rights OF the
State OF Tennessee cannot be confscated by military
order, or wrested from the State lawfully by force
Tg.ira That no railroad company could by III
act, or the act of any officer of the company, ere
ate any lien on the property of the company whlci
should DO prior or come IN conflict with lien OF th'
State on all its property.
Fourth. That the lien of the United States, ere
ated BY the bond, given by such road-h any hei
at all was created thereby is the nature OF secont
mortgage and forms only secondary and suoordi
nate lien.
! FIFTH That the lien of claim Of the Government
cannot be enforced by military order, ia time o
peace and in disregard Of the interest and rights
the State Of Tennessee
S;rtb That the State Of Tennessee besides he
interest and rights in all the property Of the Kali
reads Of every kind, has just claims against tne al
ted States for the use Of property belonging 10 Tn
State, and for property taken and converted 70 th
: use of the United States
! Sepegfh That the Railroad Companies have jus
, claims which the Federal Government should con
! slider and allow, and pay Whatever may DC Just an
equitable, and that the State OF Tennessee has q
equitable and important interest in these claim
against the United States under Sections 3, and
Of the Act Of February II, 1861
. Eiqhtk, That the meaning, force and effect Of e
law. by which the State Of Tennessee is vested wit
right TO al the property Of the Railroads 10 u
State and the interest of that right and the NEAR
inc force and effect Of the bonds taken or e.
sciea from the Railroad Companies, by the militar
authorities and all questions Of right Of properi
arising under the law and the bond, are question
! "a be adiudcasc by the civil courts OF the Unite
4 4 states and not By sny military officer
), While the legal and equitable rights Of the 9Ia
. are manifest, It would, no doubt be desirable
y Won ,hs. the mstters were sdjudicated without
" sort 70 the courts and there can be but Hills eli
y that the present Congress, upeh the Memoflai
e your Exceencv and If the Legislature Of the Stat
4 setting forth the rights and equities Of the Stat
7s woad act with liberalty and Justice and donate