Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1869-12-27
BANK OF
Final Action In the Tax Gase---Mandate Of
the Supreme Court.

The following is the mandate Of the Su-
preme Court, by which all Collectors of
Taxes in the State are bound 10 take,
when rendered by taxpayers, the notes OF
the Bank of Tennessee in payment of
axes A case was first made by Furman,
Green d Co., of Nashville. in the form of
an application for a m~andamus, drawn
and filed by JudgeJohn c. Cant, of Nash
vile, in the Circuit Court of that Circuit
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 ClerlE
was not bound to receive the notes of tho
Bank of Tennessee in payment of State
taxes. The applicants appealed TO tho
Supreme Court of the United States
which, in turn, reversed the decision Of
our Supreme Court, holding hat the pres
visions Of the charter was a contract be-
tween the State and the holders of the
notes of tho bank, which was iTrepealable
and inviolable. Thisopinion was certified
to our Supreme Court, which, in accord
ance with it, issued on the oath a mandate
to Mr.. Nichol, Davidson County Clerk, to
receive the notes at par for all taxes and
other dues to the State for which they arp
rendered:
State OF Tennessee on the relation of Fur
man, Green IL Co. to p. l.. NichOl, Clerk
of the County Court of Davidson co
ty, Tennessee, greeting;
WHEREAS, A judgment has been rem
dered by the Supreme Court of the Uni
ted States of America, in the case of Fur
man, Green & 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 o.
tho cold Gun~apoa Inurf of tho ITnffpa
States to the Honorable, the Judges of our
Supreme Court of the State of Tennessee,
advising them of the reversal of their
Judgment in said cause, with directions to
our said Supreme o of Tennessee, to
enter judgment, awarding the writ of
mandamus against you, the said Nichol,
clerk, ETC., in. said cause, in conformity to
the opinion and Judgment 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, IN the 23d day of December, 1869,
ordered a peremptory mandamus to issue
to compel you, the said F. L.. NichOl,
clerk as aforesaid, to receive from the said
Furman, Green IL Co. the sum of three
thousand five hundred and thirty
four and $500 dollars in the notes and
issues of the Bank of Tennessee, bearing
date and issuen prior to the 9th day Of
May, 1861, in full payment and satisfac-
ton of the taxes due to the State Of Ter
nessee from Francis Furman, as a whole
sale merchant, in the city OF Nashville,
from the 18th day of August, 1865, to the
Sd day of August, 1866, the date of their
tender, as appears from the record in SAID
cause; and also to issue, if demanded, a
license to said Furman, Green & Co., for
one year, neXt ensuing the said Sd day Of
August, lS66-which order remains and
appears of record in said Supreme Court
OF Tennessee.
Now, therefore, that speedy justice be
done to said Furman. Green d Co, YOU,
the said p. l., NichOl, Clerk, etc, are here
by commanded and eujOined that imnt-
diately on II receipt of this writ of per
enptOry mdndamus, that YOU receive from
the said Furman, Green a Co. three thou
sand five hundred and t~hirty-fOur dollars
and hfry-eight cents, in the notes and is
sues of the Bank of Tennessee, bearing
date a d Issued prior TO the 9th day Of
May, 1851, IN full payment n satisfaction
Of the taxes due 10 the said State of Ten
nessee from Francis Furman, from the
18th day Of August, 1875, to The 81 day Of
August, 1856; and il demanded, that you
also issue to the said Furman, Green q
Co., a license as wholesale merchants Tor
one year next ensuing the said Sd day Of
August, 1866, and that you return this
writ, executed as commanded, 70 u said
supreme Court of Tennessee, on the 9Th
day of January, 1870, lest in default of so
doing, and fer disoDoying this peremptory
mGndamus, you are subjected TO all the
legal consequences thereof. Herein fail
not, but have You then and there this
writ, and show how you have obeyed the
same.
Witness, Jesse G.. Fraser, Clerk of our
said Supreme Court, at Office in the Capt.
tol at Nashville, Tennessee, on this the
2ith day Of December, 1859, and Of the in
dependence o the United States Of Amer
lea the nincty-iourth,
JESSE G.. FRAZER, Clerk.