davidaulloa/AmericanStories huggingface dataset:
Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1871-01-24
A DIFFERENCE OF OPINION

When Judge Nelson, Of our Supreme
Bench, pronounced the opinion of the
Court in the case of Smith We. Brazelton,
declaring that under the law of nations
the Confederate States, during the late
civil war had the same tights as a bellig-
erent that the United States had, certain
Radical papers, whose editors doubtless
never read the opinion, denounced it as
judicial heresy, and little less than an out
cropping of the rebellion. The opinion,
which was printed in the UNION AND
AMERICAN of Nov. s, 1870, is republished
in full in the american L01O Times, a
prominent law journal published at Wash
ingtOn. The learned editor thus intro
duces the opinion to his readers:
In our present issue of State Courts
Reports will be found an opinion of mark
ed Importance recently delivered in the
Supreme Court of Tennessee, by Hon. T.
A. r. Nelson.
The decision has relation 10 the nature
of the Confederate government and its
belligerent rights. The court, in paper
of unusual force and clearness enunciates
that the belligerent rights of the United
States and the Rebel government were ex-
Rctly similar where the power Of the lat
ter was, de factO, undisturbed.
That this view of the question is per-
haps little bold we do not hesitate to
admit, but if is none the less law, and
construction which should have been
adopted when the subject first came 10
the notice of the courts.
For reasons which we have never been
able to appreciate, the bench has been
slow in strippinga very plain principle
of the political disguisls which have
been thrown around it. Even the most
exalted tribunal of the nation has labOred
to avoid an analytical discussion Of an
almost primitive maxim in International
law, and has stopped half way on the
road to conclusion, because some mex
plicable influence seemed to urge it to
seek any and every bypath which led
from the palpable highway TO a Temporal
ry restiDg-place.
We have neither the inclination or Ell
frontery TO go into an examination of the
rulings of the Supreme Court of the
United States, which tend toward the
views of the Tennessee court, TO show
that many immaterial incidents arc mag
nified into grave and serious difficulties,
and that profound ability has given way
TO what it is not uhgcnCTous TO call timid-
ily. We think, however, that the careful
student will detect a constant disposition
20 tempOrize wherever consistency would
permit it. We think a great deal of good
rhetoric has been offered to the bar
which has failed 60 quiet litigation, and
created cmbarrassmcnts which might have
been avoided.
The opinion in the case of Smith VS..
BrazeltOn is entirely III accord with what
we have always conceived to be the only
safe position. The subject is treated
with entire honesty, and the liuc of areU-
ment is close and intelligent Ii is OBJ
vious, too, that it was prepared with the
greatest care, and with full conception
of the importance of the questions in
Yolyed.
We commend it TO our readers as de-
Cision which cannot be successfully dis
puted. We believe that no other con
suction can have more than a temporary
weight.
Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1871-01-24
In ChancerY az Nashville. Tenn.

Tn Chancery NJ Nashville, Tenn.
STATE OF FENNEssEE-OmceC Clerk and !
Master, ohancery Court at Nashville.
January the goth, 1S71.
The State of Tennessee complainant VS.. the
Edgefeld and Kentucky Railroad Company
and others, defendants.
1t appearing from the allegations OF the bill
fled in this cause that the names and res
idence Of a NUN Der OF tho stockholders of the
defendants, the Edgefeld and Kentucky Rail-
road Company. the Nashville and Northwest
ern Railroad Company, the Memphis, Clarks-
vile and Louisville Railroad Company, Nc
Minnyille and Manchester Railroad Com
paDy, Winchester and Alabama Railroad
Company, the Southwestern or Southern Rail
road Company, the Knoxville anu Kentucky
land Gap and Charleston Railroad Company,
the Knoxville and Charleston Railroad Com
panyt the Rogersville and Jefferson Railroad
Company and the East Tennessee and western
North Carolina Railroad Company, are all
unknown, as also the names and residences of
a number OF the he'ders Of the bonds issued
by the Complainant, the STATE Of Tennessee. TO
the before named Railway Companies, and
also of the holders OF the bonds issued By said
Railroad Companies, or any Of them, and also
OF a number of the creditors of said Railroad
Companies, and that the names and residences
OF number Of persons interested in said be-
fore-named roads, or Railroad Companies, are
also unknown, it is, therefore, in pursuance of
the provisions of an act Of the Legislature of
tue ObaLc OF tennessee, passed Lne 2lsE gay Oh
December. 1870, entitled IAN act to amend the
act Of 1910, chapter 70, for the sale of the in
terest of the State, in delinquent Raiload
Companies, passed July l, $780, and of the
allegations ard prayer of said bill in this
cause, ordered that all said unknown stock.
holders, holders of the bonds issued by
the State TO said companies, or of the bonds
issued by said Companies, creditors of said
Companies, and other persons interested In said
several roads or Railroad Companies before
named, entertheir appearance herein at . special
term Of said Chancery Court at Nashville, to be
held on the first Monday In March next ps71), and
that all Of said defendants, 50 many Of them Of
the different classes as the Court msy deem sufi-
cent to Represent al Of each Glass; be required to
answer the allegations Of the bin oath, and put
In such defence to said bill they may respective
ly deem proper, under the provisions Of the said
&C. Of the 2lst December 1870, the said bill VIII
be taken for confessed a. to them, and set for
hearing ex partes and that a cory Of this order be
published for four consecutive weeks In the Nash
Vile Union and American and the Republican Ban
ner, true copy-Attest:
NATHANIEL BAXTER, JR,
Clerk and Master.
Z q. Ewing, W. =. Cooper, ". 3. Reese, Sole
ttors for Complainant. lsn22 CAV
Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1871-01-24

A SOUTH CAROLINA gentleman writes to
the New York World, explaining the al
legged ''social ostracism" in that State.
He says that 'the great majority of those
who have gone into that State since The
war have not sought good society, but
have gone on the plantations and mixed
with the negroes, pursuing such course
as would exclude them from decent So
cicty anywhere.
Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1871-01-24
IN BANKRUPTCY.
IN BANKRUPTCY.

THIS Is TO GIVE NOTICE, THAT ON THE
l. 10th day OF January, A. D. 1871, warrant in
bankruptcy was issued against the estate Of 81. P.
Duncan, OF Oakwood, in the county of Montgen-
cry and State of Tepnesse who has been adjudged
a bankrupt on his OWL petition: That the payment
of any debts, and delivery of any property belong
ing to such bankrupt, to him, or for his use, and
the transfer Of any property by him, are forbidden
by law; That meeting of the creditors of the said
bankrupt, to prove their debts, and to choose one
or more assignees Of his estate, will be held at
Court of Bankruptcy, to be holden on the Sd day
of February A. D. 1871, at 10 O'Clock A. NJ, at the
Office Of the Register in Bankruptcy, before Jno,
P. Campbell, Register.
T. J. HARRISON,
o. s. Marshal, Messenger.
By F. W. Palmer, Deputy. o. ian2f st
Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1871-01-24

A WASHINGTON special to the Louis,
vile Commercial RadicaD says; s'The
admission of Governor Clayton, of Ar
kansas, TO the United States Senate, will
be disputed on the ground that he frau
dulenty and violently used his power as
Governor TO secure his election"
Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1871-01-24
THE WEEKLY
Union and American


STATE OF TENNESSEE, Office Clerk and Mas
y ter, Ohsncery Court at Nashville, January
the 18th, 1871. Mary Fleming and another, Com
plainant, VS.. Peyton T. Roscoe, Administrator,
etc. and another, Defendants.
1t appearing from affidavit filed in the petition
of B. s. Fleming in this cause thst Jane Richards
is a nonresident of the State Of Tennessee: and
1t further appearing that attachment has issu cd
in this case, and hiss been returned levied upon
the following property, viz: The estate OF Jane
Richards, and particularly the interest OF the said
Jane Richards in the money or notes in the hands
of the Clerk aud Master Of the Chsncery Court at
Nashville, TenD.. proceeds Of the sales OF lands
in the above entitled cause attached to secure the
payment - the said B. g. Fleming OF $50, justly
due bin from the sid Jane Richards, by account
for services rendered ana expenses incurred as
her agent and attorney in fact, etc.
1t is therefore ordered that said defendant enter
her appearance herein before or within the nrst
three days of the next term of said court, to be
held on the first Monday in April next, Ns7lD and
plead, answer or demur to said petition, or
the same will be taken for confessed ss to heri
and set for hearing parte, and that copy OF
this order be published for four consecutive weeks
in the Nashville Union and American. ..
Acopy-Attest:
NATHANIEL BAXTER, JR.,
Clerk and Master.
Guild i Smith, Solicitors for Petitioner.
ian20-laW4t Fri
Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1871-01-24
In the County Court of Smith County,
Tennessee,

W. H. Wilson, administrator of s. C. Bridge
water, deceased:
NTOU HAVING SUGGESTED THIS DAY
i to me the insolvency of the estate of your
intestate, S. G. Bridgewater, deceased, you
are hereby ordered to give notice for four sue
eessive weeks in the Nashville Union and
American, q newspaper published in the city
of Nashville, and by posting advertisements
upon the courthouse door in the town of Car
thage, Tenn, notifying all persons having
claims against the estate, to fle them with the
Clerk of the County Court of Smith county,
properly authen icated, as the law requires,
on or before the first day Of May, 1871, or they
will be forever barred both in law or equity.
- This Dec 30. 1870.
jan24dlt&w5te B. F. Z. SMITH, Cik.
Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1871-01-24

TIKI New York Commercial AdVeT-
tsser (Radical) says that, in the judgment
of the people, Porter, though, by the &C
ton of the Senate, "a confirmed Al
mirSl," is really only a confirmed
Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1871-01-24

The brokers are buying the notes OF
the Bank of Tennessee at 7Sc ana selllng
at 76@78c. ha
Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1871-01-24

CorroN opened in New York yes'eF-
day with good demand at l53c. for
middling. advanced to 15Ec., and closed
otronu at that nricp
Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1871-01-24

ssTENERssEE BoNBs were quoted IN New
York yesterday at 64s for the Old ISSUES
and GA for the new. -.s't
Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1871-01-24
FOR RENT,

A VERY DESIRABLE REsIDkNCE ON PARK
n street, east of the Capitol. This property
can be leased for this year, on terms favorable to
the lessee. Apply TO
MISS JULIA PUTNAM,
No. 90 North Vine street.
or TO Z. B. McOLANAHAN,
tAn19 If cor. Cedar st and Public Square.
Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1871-01-24
DIR. .. j. COBB

HAS REMOVED HIS DENTAL zWA
IL Rooms and residence to Il North ~ -
High, corner high and Union streets-~AII1U
DR.. Bowrng's residence.
jams om
Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1871-01-24
IN BANKRUPTCY

THIS Is TO GIVE NOTICE, THAT ON THE
l. 10th day of January, A. D. 1871, warrant ia
bankruptcy was issued against the estate Of George
W. Buck, Of Clarksville in the county of Montgom-
judged bankrupt on his own petition: That the
payment Of any debts and delivery of any proper
ty belonging to such bankrupt, to him or for his
use, and the transfer of any property by him, are
forbidden by law; thst the meeting of the credit
of the said bankrupt, to prove their debts and
to choose one or more sssgnees of his estate, will
be he'd at a Court Of Bankruptcy, to be holden on
the Sd day Of February, 1871, at IL O'Clock A. M at
the ONCE of the Register in Bankruptcy, at Clark
vile, before Jno. T. Campbell, Register.
T. ]. HARRISON,
U. 8. Marshal, Messenger.
By f. W. Palmer, Deputy. jan2I st
Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1871-01-24
Peremptory Distress Cash Sale,

VEATMAN, SHIELDS CO.,
will sell TUESDAY MORNING, Jan "a, at 10
o'clock, large and general assortment Of season.
able Dry Goods, Clothing, Hats, Boots, Shoes and
Varieties. This desirable stock will be forced I'M
der the hammer only to raise money, thus afford
ing rare chance for great bargains in good staple
goods. All close cash buyers are invited jan22 II
Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1871-01-24

GorD opened and closed in New York
yesterday at 1l0s. q @ -
Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1871-01-24
MEDICAL.
TRE BRIDAL CHAMBER,

Essays for Young Men, on great Scotia.
Evils and Abuses, which Interfere with Marriage
with sure means Of relief for the Erring ana
Unfortunate, diseased and debilitsted Sent D.
Of change. in sealed envelopes. Address, low
ARD ASSOCIATION, Nc. q 8. Ninth street, Phil
adelphia, Pa. ianl7 dkvS11
Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1871-01-24

THE MERCHANTS EXCHANGE REsTAr-
Il RANT Fixtures, Furnishing and outfit entire
are for sale. Can be had on reasonable terms.
ALSO, the apartments in which this weIl-known
ana popular Restaurant is kept are for rent. Ap-
ply TO KINNEY & WAND,
Janll-u Merchants Exchange,
Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1871-01-24

days.
The JOHN LUM5DEN, DAVE, Master, havss On
Wednesdays
Fridays.
For freight or passage, apply On board or to
WI BOYD, Agent,
Nos. ~ Front street
HARRISON SON.
octi5-H HARPER ARTHDK
The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1871-08-16
WASHINGTON.
Large Subscription to the New Loan
BY an Indiana Bank.
WASHINGTON, Aug. 10.

WASHINGTON, Aug. 10.
The First National Bank of Evansville
Indiana, gives notice that il will subscribe
S5OO,0 900 TO the Z per cent new funded
loan, by transfer, that amount In 6-9O's
held by the Treasurer Of the United
States as security for circulation
MLEdAL PRACTICES or THE DISTRICT
CnrRTl
The Committee on the Indebtedness OF
the District Of Columbia, in their report
to the House Oi Delegates Of this district
on the affairs Of the police court, which
have been under investigation, assert that
certain officers of the court have been
guilty Of acts Of eXlOrliun and blaGkmail-
ing, and recommend the entire abolition
of the court, md It's reorganization under
municipal authority. The report makes
noreilection on the Judge or Clerk Of the
court.
TIIE MAGAHTIH MURDER
Attic c0roncr's inquest held tO.day over
the body Of MacCarthy, the verdict was
that his death resulted from wounds
produced by apistol fired by Darlen, and
that VIM. 7. James was accessory thereto.
THE DIVIDEND TAN.
The Secretary Of the Treasury, on the
94lh nlt., addressed letter to Commits.
sloner PleaSontOn transmitting u copy of
Solicitor Bannelds opinion in favor Of de.
sisting from the collection of the tax due
from corporations on interest coupons
payable within the last five months OF
The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1871-08-16

THE TURF.
Trottlng Races nt Kalamazoo.

KALAMAZOO, MICH, August 10.
Tho eighth annual meeting Of the Ma.
tlotal Association Of Kalamazoo com.
menCed to-day. About 200 persons wero
in attendance.
The first race was II 800, for horses
that had never beaten 23l. There were
eighteen entries and eleven started Co
2ettA was the hvorite in the pools, Ed.
Foster second choice and the field at low
prices. The first and second heats were
won by Brother Jonathan. Time 939
and 2;8l. Ed. Foster won the third heat
In 2:2Oi, and John Zero, owned by John
Prdgeon, OF Milwaukee, won tie fourth,
fifth and sixth heats, and the race. Time
220t, 9:32 and 2;85t.
The running race for purse Of 1000,
two mile heats, was postponed until 10.
morrow,
The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1871-08-16
FOREIGN.
ENGLAND.
The scott CentenarY...ChOIera an
London.

| Af0uAWAe
LONDON, August 10.
The Scott Centenary was celebrated
to-day by "a banquet; Hepworth Dixon oc
cupying the chair, with the Duke OF Man
chester, Lord LyttOn, and DR.. Ramsey a.
Vice Presidents. Some 400 persons were
present, comprising men OF distinction
in the world of letters. At the Crystal
Palace, Sydenham, the day was also Cele.
brated and in various towns Of Scotland
The contributions to repair the compile.
tions Of st. Paul's Cathedral are thus far
entirely satisfactory to the projectors Of
the enterprise. m t.'
Heavy thunder storms have been eX.
pcriCncOd in west EOnglAnd which caused
much damage to the crops. I'a
Arrived, the steamships Atlanta, City
OF Antwerp, and Batora from New York,
Queenstown and Liverpool.
A case of Asiatic cholera has appeared
in London, II creates extraordinary sen.
sation among the people,
A FoRdER or AMERICAN BONDS.
A man named Cole, alias Clarke, has
been arrested for forging American bonds.
Commodore Ash6uty' 8 challenge TO the
New York Yacht Club was forwarded by
the Russia
LONDON, August 10.
In the House Ol Commons to-day Yer.
non HarCOurt made violent attack on
the Government for the use It made of the
Royal perogativo. on the purchase Ques.
tion, Mr., Gladstone replied that owing to
the amount of unfinished business before
the House hO should decline TO enter upon
any controversy on the subject. HO
thought II was the duty Of the House to
settle whether the practice so adverse TO
law and fatal to national interests should
be continued, Mr. FawCitt denounced
the employment Of the Royal warrant
He preferred n continuance Of tho pur.
ChAsO system rather than owe its abolition
to such abuse of the prerOgative Of the
Grown. The Attorney General defended
the application Of the Royal perogatlVe
In this case, but he wished that the Queen
had practically announced her resolution
never again to interfere. The consOlldat.
cd fund bill was introduced and received
with vehement cheers Us horaldlng the
close Of tho session.
The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1871-08-16
SAINT LOUIS.
ST. Louts. AUGUST 10.

ST. Louis, August 10.
A German named Boual, blew his
brains out to-day with pistol. II Is al.
legged that he forged check, amounting
TO $25, purporting TO bo signed by Frank
Kerien, his employer, and passed II to q
saloon keeper.
A private letter from +. II. Wilson,
connected with the party Of engineers on
the Northern Pacific, to his father In
this city, states that some days since,
while working about forty miles from
Deer Lodge, the whole party was poison.
ed by eating bread. The symtoms were
like those attending styrchnine. They all
suffered terribly, but none died 1t Is not
stated how or by what thohread was poi.
soned +.
The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1871-08-16
The New European War ClOud..-
Probably a CanaTd.
From The JOlFnal OF Commerce.


Until a grain Of evidence Is offered L
substantiate the rumors Of an alliance be
tween Russia aud France, It Is q waste o
time to speculate on the possibilities OF {
war between these nations and Germany
and Austria. At present the reports OF 1
Russo French combination for any of the
ends named seem to be absolutely baselesS
Stock, ,jobbing or sensRtion.mOngering Is
probably at the bottom Of the story. The
Gar receives General Lefo, the new
French Minister, with the utmost Cordi.
ality" ThGreupon the quid.nuncs see
some profound ulteriOr motive in what,
most likely, was an act OF the CommOnest
CiVility. II is customary for emperOs
and kings TO be cordial to ambassadors;
aud they are the most cordial sometimes
at the very moment when they cherish
the deepest designs Of hostility or treach-
cry to the nations represented by such
persOnagCs. The meeting OF the EnperOrs
William and Francis Joseph at IsChl is
another event which starts all the wise.
acres on line Of guesswOrk. 1t has
"politiCal significance Of friendly char.
aCteT," says one London paper, and that
mere conjecture is telegraphed all over
the world, and Is made the text Of long
editorials, and causes q run on the cnCyClO.
pedias for the latest statistics OF Russian
and Austrian armaments; the theory
of the writers being that the two emper.
ors arc about 10 club their forces together
to meet the threatened attack of the
Franco. Russian alliance Ischl Is fine
watering.plaCe in upper Austria; 1t has
saline springs and baths. Old Emperor
William is always seeking rCluvenCscence
from natural mineral waters; and having
run through all the celebrated varie.
ties in his own dominions, what
more natural than to trip II to Aus.
tria to take few dips at IsChl ?
Francis Joseph Is inclined the same way
and besides, he must be extremely Cour.
teous TO so powerful a neighbor, Sanitary
and social not sanguinary, Is, We presume,
the object Of this Meeting. The gentle.,
men who speculate 30 widely ON such
simple occurrence might easily see In the
German Prince Imperial's visit 10 Eng.
land something far more than family |
visit to his mammA.in.laW. He Is poking
about the seacOast and attending sham
fights of the British volunteers. Who
knows but that he and the quiet specta.
Cled gentlemen on his staff arc taking |
preparatory notes for the Battle OF DOrk.
ing? That Is quito as plausible IL theory
rs to attribute the junction of the two
omperOrs at Ischl to anything more than
.he most conventional Of reasons.
The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1871-08-16
The Pacific Coast.

DAN HANClsCOi AuBuSl IT.
The japanese Government announces
n new system Of national coinage in gold
and silver corresponding with that Of
America, the "yon" or dollar being the
unit.
The remains Of the late Lieut.. H. w.
Mckee, who was killed Nt Corca, arrived
in the steamer Japan, and will be for
warded tomorrow 10 Lexington, KY, TOR
burial.
The Southern Pacific Railroad of Cali
lornia reelected their old officers yester-
day. HrH.
The Indinns on the Umattila reservation
in Oregon, decline 10 negotiate the sale Of
their lands, they having been Rwindled
out Of the pay Of those last sold.
The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1871-08-16
CHICAGO.

CmcAeo, August 10.
The Common Council Of this city last
night confirmed two Of Mayor Mason's
nominees for Btidewell Inspectors, Messrs.
G. g. Hammond and Louis Vase, and
aud rejected the third, Il. p. Derrlckson.
The Council will again meet on Thurs
day, when an attempt will bc made TO
confirm the third inspector.
An afTray occurred last night on board
the schooner Thomas Parsons, between a
sailor named Martin Peterson, and Patrick
Mccarthy, the steward, In which the for
mer was fatally stabbed
Frank Helmbold, aged six years, was
drowned in Chicago river this morning.
His parents reside on Seward street.
The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1871-08-16
Scientific Convention nt Indlana-
DOliS.

INDIANAPOLIS, August 10.
A number Of members of the American
Scientific Association, to attend the Con.
ventiOn tomorrow, arrived here to-day.
Among them are Prof Swallow, of Co.
lumbia College, Mo; DR.. Wheatland,
President Of the Essex Institute, Salem,
Mass; James Emerton, zoologist; Prof.
Putnam and Jacob Lunis Principals OF
the Scientific Institute, Philadelphia; L.
y. Cope, naturalist, Philadelphia; d. Wa.
terhOuse Hawkins, i. l.. 8. F. g., Eng
land DR. s. Hunt, Montreal; prol. Asa
Gray, Cambridge, Mass; and Davenport
Fisher, Professor Of Chemistryin the U. s.
Naval Academy. The programme to-
morrow will be the organization of the
Convention, an address Of welcome by the
Governor and Mayor, and the address Of
the retiring President, DR.. $. Hunt.