Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1869-12-25
BANK Or TENNESSEE--ERNAL AC-
TON IN THE TAX CASE.


The question of whether the tax coll
lectors of the State were bound to receive
the notes Of he Eank Of Tennessee IN
payment of taxes dueths State, has long
been before the courts, AMI has been
finally decided IN the affirmative Tie
first case was made by Fuman, Green &
Co, of this city, in the form of an appll-
cation for a mandamus, which was drawn
and filed by Judge John C. Gaut, of this
city, in the Circuit Court After hearing,
the court granted the order upon the Clerk
to receive the notes. An appeal was
taken TO the Supreme Court of the State,
which reversed the decision of the Circuit
Court, holding that the Clerk was not
bound TO receive the notes of the Bank of
Tennessee in payment of State taxes. The
applicants appealed to the Supreme Court
of the United States, which, IN turn, re
versed the decision of our Supreme Court,
holding that the provisions of the charter
was a contract between the State and the
holders of the notes of the bank, which
was both irrepealable and inviolable This
opinion was certified to our Supreme
Court which, in accordance with it,
issued yesterday mandate 10 Mr.. Nichol,
our County Clerk, to receive the notes at
par for all taxes and other dues TO the
State for which they are rendered. The
following is a copy of the process which
was issued and served upon the Clerk yes
terday:
State of Tennessee on the relation of Furman
| Green & Co. to P. L Schol, Clerk of the County
Court Of Davidson county, Tennessee, Greet
| ing:
Whereas, A Judgment has been rem.
dered by the Supreme Court of the United
States of America, in the case of Furman,
Green 81 Co., against you, the said
NichOl, Clerk, etc, reversing the decision
of the Supreme Court of Tennessee, in
the same case between the same parties
and
Whereas, A mandate has recently been
issued by the judgment and order of the
said Supreme Court of the United States
to the Honorable, the Judges of our Su-
preme Court of the State of Tennessee,
advising them of the reversal of theil
| Judgment in said cause, with directions
to our said Supreme Court OF
Tennessee, TO enter judgment, award
ing the writ of mandamus against you,
the said Nichol, Clerk, etc, in said cause,
in conformity to the opinion and judg
ment of said Supreme Court of the United
States. And whereas, in obedience to
said mandate issued from said Supreme
Court of the United States, as aforesaid
our Supreme Court of the State of Ten
nessee, on the 23d day of December, 1869
ordered peremptory mandamus to issuC
to compel you, the said F. L. NichOl
clerk as aforesaid, to receive from tn,
| said Furman, Green & Co. the sum Of
three thousand five hundred and thirty
four and 5S-100 dollars in the notes ant
issues of the Bank of Tennessee, bearin.
date and issued prior to the 9th da.
of May, 1861, in full payment an,
satisfaction of the taxes due to tn
State of Tennessee from Francis Fur
man, as @ wholesale merchant, il
the city Of Nashville, from the 2Stl
day Of August, 1865, TO the I'd day o
August, 1866, INC date of their tender, a
| appears from the record in said cause
and also to issue, if demanded, license {,
said Furman, Green 81 Co., for one year
next ensuing the said Sd day of August
1S66-which order remains and appear
of record in said Supreme Court of Ten
nessec.
Now, therefore, that speedy justice b
: done TO said FuIman, Green & Co., you
f the said L. Nichol, Clerk, etc, are hereb,
commanded and enjoincd that, Immediate,
on the receipt of this writ of peremptor,
mandamus, that you receive from the sal,
Furman, Green & Co., three thousand fiv
hundred and thirty-fOur dollars and fifty
eight cents, in the notes and issues of tn
Bank of Tennessee, bearing date and is
sued prior to the 9th day of May, 1861
in full payment and satisfaction Of tn
taxes due 10 the said State of Tennessee
from Francis Fmman, from the 2Sth dal
of August, 1868, to the Sd day of August
1866; and if demanded, that you also is
sue TO the said Furman, Green & Co,
license as wholesale merchants for on
wear next ensui the said Sd day o.
| August, 1866, anu that you return thi!
writ executed, as commanded, to ON
said Supreme Court of Tennessee, on thu
9TH day Of January, 1870, lest in default
of so doing, and for disObeying this per
emptory mandamus, you are subjected tC
all the legal consequences thereof. Here
in fail not, but have you then and there
this writ, and show how you have obeyoC
the same.
| Witness, Jesse G.. Frazer, Clerk of om
said Supreme Court, at office in the Cap
itol at Nashville, Tennessee, on this tn,
oath day OF December, 1869, and of tn,
independence of the United States O
| America the Oath.
| JESSE G. FRAZER, Clerk.
The foregoing writ was endorsed a
follows, and delivered into the hands 0
| r. T. Gaines, Deputy Sheriff of David
son County, and was executed and a cop.
returned by him. These are the endorse
ments:
" Issued oath December, 1869.
JESSE g. FRAZER, Clerk.
| served the peremptory mandamus up
on p. i. NichOl, Clerk of the Count
Court Of Davidson county, Tennessee, b
reading and delivering to him said writ o
mandamus, of which writ this is a ira
duplicate and copy, this oath day Of Dc
cember, 1869.
ID ~ E.r,-ru