Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1871-02-18

brought before the State Courts, was
shown by Mr.. Trumbull. This bill came
from the House, and was reported in the
Senate from the Judiciary Committee,
with amendments.
Radical Violation of Contracts.
The Supreme Court viii shortly have
before it most interesting question,
namely; the right to enfore by suit notes
given on the sale of slaves prior TO the
emancipation. The States of Louisiana,
Georgia and other Southern States, in
their new carpet-bag Constitutions, have
laws which declare that all contracts for
the sale of persons are null and void, and
shall not be enforced by the courts OF the
States The right of the constlt ltlon to
snnul such contracts in the future is not
disputed, but it is maintained that rights
arising under old contracts before eman-
patton are protected against such c. MIS-
cation by the clause in the Federal Cen
stituiion. which says: 'tNo State shall
pass any law infringing the obligation of
contracts" The answer made to this is
very curious, considering that it emsnates
from the Radical Supreme Court of Geor-
gia.
They say this in several cases, and es
pecially in Shorter VS.. Cobb. The de-
cision in the last case Is as follows:
THE constitution under which we now
live is not the constitution formed by the
convention and ratified by the people of
Georgia, but it is the constitution amended
and approved by Congress, by virtue of
their authority as the conquering power,
10 declare form of government to the |
which is accepted by the |
people of the State as an act of obedience to |
the Conqueror, and not as matter of free |
will or voluntary sanction. If, then, the |
obligation of the contract to pay money |
for slaves has been impaired, it was
done by Congress and not by the State,
and there is, therefore, no violation of the |
tenth section of the first article, which |
1oes not apply TO Congress-" This con-
3titutiOn contained homestead provision,
which was retrospective, and was also al
eyed to impair the obligation of contracts,
and this was sustained by similar line
# reasoning. 1t will be seen that it is a
full confession by Republican bench
hat the reconstruction acts were uncOn-
and so far sustains Frank
Blalr's position. This cause will come
up soon, and will be argued by P. Phil
fps in opposition to the validity of the
provisions in these State Constitutions.
Prospects of the Southern Pacific
Railroad
The friends of the Southern Pacific
lain that they ere all right and will be
BILE 10 pass their measure, with all the
necessary for the real efficien-
y of the road. The idea is TO give a
onnection to the Southern Pacific rail-
cad company of California at or near
'ort Yuma The effect Of this change
; TO reduce the amount of valuable lands
eded by the lands over the rOu from
'Ort Yuma to San Francisco arid and
aid, not 10 be worth ten Gems gn ace.
ne friends Of the bill say that they can
ven if it be amended, secure its passage
y the Senate. Among the cor2oratois
re John c. Fremont, Gen. James L Al
ORD, of Mississippi; Marshall o. Roberts,
V. Nermilye, T. 4. Scott, of Virginia;
Ienry D. Cooke, Admiral D. D. Porter,
. w. Forney, Gen. w. S. Rosecrans,
.oy. " c. Yarmouth, and many other
cominent men.
Considerable canvsssing, inside and
inside of the House, is going on as to
le degree Of support that shall be given !
ither to the Senate bill or the substitute !
ffercd by Mr.. Wheeler, which is in fact
ne blI agreed 90 by the Committee last
sssiOn, bat not reported. The Southern
'acitiC Railroad, propl std by Mr.. Wheel
RS bill, is about l, 800 miles in length.
he Texas portion of the line will be near
; 800 miles in length, and that through
le Territories about 700 miles. Tue to-
i area Of the land grant will be less than
900, 600 acres. The bill that passed the ,
enare, providing for trunk line from
.arsLall, Texas, to San Diego, CalitOT- Z
ia, the land grant for which will be !
bout 400, 900 sores more than that OF the !
Wheeler bill The Senate bill also pro
dies for several branches, one being the
ew Orleans, Baton Rouge and Weeks
urE Railroad, and another the Grand :
over and San Diego Company. The
ret is designed to connect the places de- !
gnated in title with the trunk lise at
Larshail, and the other to run from Full
II, ~ L., " D5lAoo, 1SAoSs 4 III MS
,ad is TO have the usual right of way,
nd for stations, etc, and five
ternate sections of public lands.
he other Company is not TO J
ceive any grant Of lands The North '
ouisiana SUI Texas road is also author :
ed TO connect at Marshall. The South 8
u Pacific Of California is to construct :
ne from San Diego to San Francisco, I
ID for this branch it is to receive the 3
me rumber Of sections (2O) previously Z
'anted to the same company. The con- !
lid4tion Of the Vicksburg and Meridian, 3
e Alabama and Chattanooga, and the '
OTth Louisiana and Texas Railroad Com ,
lnies is provided for, snd their c0nnec- :
on at Marshall with the Trunk line. AL
e lands hitherto granted said companies
e to accrue to the Consolidation. The
ants and franchises embraced within
ese various branches are of IN re value
I'd of larger extent than accrue to the
runk line under either bill.