Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-11-15

4
| fairly due the State and the roads and if
any military officer attempts to enforce the
bond, and remove the property or take
/ possession Of the railroads apply to the
Federal courts for injunction and for re-
lief
ID. The state could memorable Congress
on the subject, and ask that the whole
matter be setted by the United States do
mating to the State the amount of the
claims she holds against the roads, on con-
| dition that the State of Tennessee shall as
sumo and settle all the claims asserted by
the State and the railroad companies
against the United States.
1t appears to me clear that the following
| propositions are true:
First. The State of Tennessee has prior
lien, and superior equity created and re.
served by the act of February IL, 1852 to
all the property of every kind owned by
the railroad companies, and that her rights
under the law will be respected and en-
forced by the Federal conrts against all
claimants whatever.
Second. That the State of Tennessee
could not rebel or commit treason, notwth-
standing the larger portion of the inhabit-
ants of the State became Rebels, and that
the property and rights Of the State Of
Tennessee cannot be confscated by military
order, or wrested from the State lawfully
by force.
Third. That no railroad company conld,
by its act or the act of any officer of the
company, create any lien on the property
of the company which should be prior, or
come in conflict with, the lien of the State
on all lis property.
Fourth. That the lien Of the United States
created by the bond, given by such road
if any lien at all was created thereby--is
in the nature of a second mortgage, and
forms only secondary and subordinate
lien.
Fifth. That the lien of claim of the gov
ernment cannot be enforced by military
order, in time of peace, and in disregard of
the interest and rights of the State of Ten
nessee.
SiJth. That the State of Tennessee, beside
her interest and rights in all the property
of the railroads of every kind, has Just
claims against the United States, for the
use of property belonging to the State, and
for property taken and converted to the
use of the United States.
SeOenG. Thatthe railroad companies have
Just claims which the Federal government
should consider and allow, and pay what
ever may be just and equitable, and that
the State of Tennessee his an equitable and
important interest in these claims against
the United States under sections 8, and
Z, of the act of February IL, 1852.
Eighth, That the meaning. force and ef-
feet of the law, by which the State of Ten
nessee is vested with right to all the prop
erty of the railroads in the State, and the
interest of that right, and the meaning
force and effect of the bonds" taken or
eXacted from the railroad companies, by
| the military authorities, and all questions
of the right of property arising under the
law and the bond, are questions TO be adiu-
dicated by the civil courts of the United
| States, and not by any military officer
| While the legal and equitable rights of
the State are manifest, it would, no doubt,
be desirable to you, that the matters were
| adiudicated without resort to the courts,
and there can be but little doubt, that the
present Congress- upon the memorial of
your Excellency, and OF the Legislature of
! the State, setting forth the rights and
equities of the State, would act with liber-
'ality and justice, and donate TO Tennessee,
in settlement of the whole matter, all the
claims Of the United States against the
railroads in Tennessee.
Tennessee is struggling to overcome the
great loss and injury she has sustained
from a desolating war, caused by a wicked
rebellion, and the Federal government can
afford to make such an adjustment; and
no doubt. the present Congress will do this
if illsadvised action of the military authori
ties does not precipitate thenecessity of re-
sorting to the courts.
1t were well this action, if approved BY
your Excellency, was taken promptly, fol
the State and railroads are suffering il
credit by the telegraphic dispatches, an
nouncing that the General of the army ha.
decided to give no further time to the rail
roads to pay their bonds; that the military
will seize them inferior officers of th'
Quartermaster's department talk in th'
same strain, and newspapers circulate i
all. This is most damaging TO the credi
of the State and of the roads. The credit
ors of the State, the bondholders of Tia
State are injured by these lawless reports
! The railroads are the property of the State
its assets to pay its bonds, the basis of it
credit-the source and means of its pros
/
done TO the State by this assumption of all
thority by the military, and these contin
I. usl threats by inferior officers. / have n
!, ! doubt Congress can, and surely will, max
: ! a generous and liberal adjustment of thi
i whole matter, and relieve the State froI
the damaging effect of this pendin
trouble. If you can effect this, and wis
and iudicious aid is given TO resuscitat,
!, revive and sustain the old roads, the bond
! of your State will be amply and fully st
3 cured by its railroad property, and the
must soon take position as they once df
Il along with the best securities of tn
: country.
With the sincere desire that your Exec
u lency may so adjust these matters as to 81
!, cure Justice TO the State, and thus re-estal
d lish and maintain its credit, | am, wit
; great respect, your Excellency's obediel
II servant, J.T. BOYLE.
Is MEMPHIS RAcEs.-The telegraph thu
y announces the result of the races at Men
!, phis, on Wednesday the 18th:
?, The attendance at the race course to-ds
was rather slim. For the Citizens Pur
- Of $500, two mile heats free for all age
there we're three entries The race vi
y won by Counterproof in two straight heat
N time-3:42, 3;44.
. In the second race, for the Associate
20 Purse of 5000, there was but one entr
Mary Wynne.
n DOUBTENG THE PEDEsTRlAN.
:, The Boston Journal says that the idea
= very commonly entertained in that city al
'e' vicinity that .here is something loose abo
us the great pedestrian trip from Portland
/ 81 III,