Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1878-12-03
WASHINGTON.
The National Party's National Executive
Committee Blowing their Big Tin
Horn with Terrible Blasts-The
"Cipher kilograms TO be
Investigated.
Important Decisions OF the United States
Supreme Court Involving a Promi.
nent Tennessee Bank Case, Re
versing an Opinion Of Our
State Court.

WASHINGTON, December 2.-The menu
| bers of the central executive committee oil
! the Natoa party to-day issued an address
TO the people of the United States, reviewing
| the rise and progress of the party, predictir
| the continued success and rapid spread of itl
! principles, and expressing confidence tina
the party will elect its candidate for Presi
dent in18S0, with msjorities in congress ant,
in nearly all the State legislatures.
THE GOPHER TELEGRAMs."
The Democratic members of the Potter ind
vestigating committee held private conferl
ence to-day, at which 1t was agreed that
Chairman Potter should call meeting of the
committee for next Thursday. 1t was also
| informally agreed that in case the house
snail not in the meantime specially direct an
| Investigation or the 'ciptSF teiegraIns,' the
| committee will proceed to make an investiga-
| ton of them and all similar matters under
the general authority conferred upon it at
the last session. 1t is likewise the intention
of the majority of the committee to take adj
ditional testimony on subjects of inquiry the
invest CATION of which was left unfinished
! last summer.
THE CLAFLIN SUITS.
The civil suits of the United States against
II. B. Clahn & Co., for alleged reception,
purchase and concealment of large amounts
of fraudulently imported silk between the
years 1871 and 1874, were decided to-day in
the United States supreme court in favor OF
Clafin G. Co., defendants in error. The suits
were for the recovery of double value on the
goods in question, and the amount involved
was nearly quarter million of dollars. The
court holds that recovery sought under the
second section of the act of 1928 cannot be
had, because that section and act were re-
pealed by the act of 1866. That it cannot be
had under the act of 1866, for the reason
that the latter contemplated criminal and
not civil proceedings.
THE TENNESSEE CASE.
No. 81, John Meth, plaintiff in error, rs.
+. 4. Clarke, collector, etc; in error to the
supreme court of the State of Tennessee.
The principal question involved in this cause
is whether the State of Tennessee is obliged
to receive Ia payment of taxes the now depra-
ciated notes of the Bank of Tennessee as it
bound itself to do by section twelve of tire
charter o. the bank IN 1888, or whether 1t
can repudiate that contract as to notes issued
after May 6, 1861, On the ground that the
State government was then forcibly seized by
insurgents and its powers usurped. TIE
cause raises several Federal questions of
interest and i'm portance to the court. In the
opinion delivered by Justice Miller, he holds
that the theory that there can be two different
political entities called States, within the
same geographical limits, one loyal and one
rebellioss, is fancilrl and untenable; that
there never has been more than one political
society IN existence as an organization IN the
State of Tennessee from the date OF its ad-
mission into the Union, in 1896, to the pres
ent hour.
Second-That there is no foundation for
the theory which maintains such separa-
ton of seeding States from the ma
tional government; as to the rebellion, it is
void and invalid unless ratified by
positive law enacted since their restoration.
Third-That there is no evidence in this
case to prove that the issue OF notes by the
Bank of Tennessee after May 6, 1881, was
made for the purpose Of giving aid and COM
fort to Jne insurgents, or in violation of the
constitution and laws of the United States,
aud that consequently the contract which the
State made ID 1894 to take the notes of the
Bank Of Tennessee in payment of taxes is,
ton of the Federal constitution. The
Judgment OF the supreme court
of Tennessee is, therefore, reversed,
and the cause remanded for further
proceedings in accordance with THIS OPINION.
Justice Bradley de,iverea a dissenting opin-
ion, denying the ASSUME tlon that the govern
ments of the seeded States were lawful gov
ernments. Tho chief Justice aiec @eliuered a
uIss6nung Opinion IN which 1t was maintained
that the ordinance of Tennessee invalidating
the contracting of 1888, as far ss tie na~ az
sue of bank notcs is c.aeeraea, VISA an au-
State, who, were eognizant of the
fact that the issues in question. after
May b, 1861, were IN farsherauce
OF the rebellion, end saese were not entitled
to constitutional Protection.
No, a. Memphis and Charleston railroad
com pany ct al, plaintiffs in error, ps. A. L.
Gaines, comptroller; in error to the supreme
court OF Tennessee. The principal question
IN this cause IS rether the plaintiffs In error
can he compelled to pay taxes upon their
capital stock, road and appurtenances. In
accordance with recent acts of the general
assembly of Tennessee, whereby their oriei-
nal charters were granted, they were vari-
ously exempted from taxation. Decree
affirmed, with costs
No "a. Richard Z. Stall, collector. etc.
plaintiff in error, as. Robert P. Pepper; in
error to circuit court of the United States for
the district of Kentucky. Judgment affirmed,
with costs and interest.
GENERAL SHERMAN ON THE ADMINIsrRA-
TIoN OF INDIAN AFgAIRa.
1 communication from General w T.
Sherman, addressed to the chairman OF the
Joint commission having under consideration
the question of transferring the Indian bureau
to the war department, was to-day laid before
the commission. The general, after stating
his readiness 10 respond promptly to any
SUMMONS of the commission, says: 81 am
sure, from official and personal intercourse,
that Secretary Sherman and Commissioner of
Indian Affairs Hoyt have been extremely
anxious to have, and have labored hard for,
an honest administration of the affairs
of the Indian bureau, as organized ay
Law. | personally krow that Mr.:
Hoyt went a9 Tar as ne could
Red Cloud and Spotted Tails band of In
dams from the Missouri river to their present
locations, which must, he thinks. certainly
result next in war, and that their removal
resulted principally from the Presidents
promise, based upon the advice of General
Crook; and l further believe that Mr.
Schu1z and Mr.. Hoyt have done all that men
could do from their quarter to ramoye weak
and dishonest agents and replace them by
houeat agents. 1 wish you, and if proper,
the public, to construe the present conflict or
antagonism to be not personal, rot ques-
ton of honesty, but natural and necessary
conflict of antagonistic systems" After coI.l-
menting at considerably length upon
previous Indian wars, the general
says it requires no prophet to
foresee that more wars were near at hand, es-
peclally with the Sioux, recently located on she
upper Niodrlrah. He asserts that the pres
ent Indian agents with those two bands, as
also with other tribes of the Sioux on the
Missouri river at lower BruIe, at the Chey-
enne, Standing Rock, and Fort Peck agen-
cies, are utterly and r.diculousIy poweriess to
keep their Indians peaceable without the aid
of the army. ITO me it IS a matter
OF demonstration that at the rres-
ent time, and far years to
come, that the Indian bureau of itself, with
out the help OF the army, cannot maintain IN
! peace the larger tribes of Indians, and peace
| is essential to enable white emigrsnts to fill
up the surplus country as farmers, grazers
and miners" The general continues at length,
giving PERSONS why the Indians should be
| controlled bT the war department, and says !:
! at ought to oe a question of national econo-
my and efficiency, instead OF one of mere pa
! tronage."
CONDITION OF THE TREASURY.
| The following is a comparison of the con-
dItlon OF the treasury December /, 1877, and
/ December l. 1875:
Blta1aoes. 1877. 1878.
/ !