Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1879-03-09

ClSSltuuCS Vi tu0 WAL tuS oiCdlC VI ASA-ANS
see did not lose its political identity. And
the Brownlow regime was at the time,
and and has been since recognized as val
id and legally constituted State government
by both the Federal and State authorizes,
and by all the departments of our State
government since the people were restored
to their rights and a new State Constitution
was adopted. Many of the acts OF legls!2-
ton adopted during that and the sue d
ing administration related to matters affect
ing the property and other interest of our
citizens and to treat such legislation as lnva-
lid and migratory would be pregnant
with infinite mischief and confusion.
Iproceed now to the next ground upon
which the report of the committee rests,
the defence Of the State, and as they are
of cognate character | may consider the
next two headings together. viz:
- 4. That the provisions of the various
laws under which the bonds were issued
and which were conditions precedent to
their issuance, were not complied with,
and
5. That as the bonds upon their face re
ferred to the acts under which they were
respectively issued, the purchaser was
bound to ascertain, at his peril, whether
these provisions had been complied with
and can not protect himself by the plea Of
innocent holder.
This sweeping plea in avoidance extends
from 1882 to 1876, inclusive, and applies
to the administrations Of fourteen different
Governors, amongst whom are some Of the
best and purest men of whom the annals
of Tennessee can boast, and whose honor
and fame are cherished as a princeless
legacy BY the people of the State.
This roll of honor includes VIM. Car
roll, n. Cannon, Aaron V. Brown, Neil
S. Brown, VIM. Trousdale, VIM. B. Camp
bell, Andrew Johnson, Isham G. Harris,
John c. Brown and James D. Porter.
Under each one Of these, as we'll as I'M
der the Brownlow and Senter administra-
tions, bonds of the State were issued,
amounting in the aggregate, as shown by
official records, to $49,4l2,7l6, out Of
which arose the present entire Indebtedness
of the State.
Now, returning to the point under dis
cussion, | remark that all the conditions
and amendments, as the issuance of bonds
to railroads that were to be performed after
the bonds were issued by the Governor,
such as selling the bonds at their par value,
and were clearly conditions subsequent aud
could not affect the validity of the bonds
after delivery; and as to conditions prece~
dent, | cOncede that public agents have not
the same power in all respects to bind
the Government that private agents have
in regard to their principals, and by
no one, perhaps, has this principle been
more clearl y and strongly stated than by
that eminent jurist, Judge Story, and not
only in his elementary work on agency, but
especially in his reported decision in
Mason's Report, Il.
The authorities, however cited by
me, show that i'll matters Of contract
On the part Of u STATE, as il can only
contract through its agents, ii is bound
by the same rules IA Il are applicable
to private persons iii similar C4s@s, AID
the question befU. Va now is " no, I'M
Ter the PROVISIONS Of The act of Feb ii,
1852, was to determine whether the
required to authorize the is
,uance OF the bonds had been complied
with Evidently ;he Governor, and
presume it has been SO understood and
acted upon, under similar cjrCum-
stances, from The foundation OF the
STATE ,vernmeut; and, if So, how does
he matter stand in The light Of legal
authority, and, e pecially, Of the pFin- |
Il l,la3 rcCugn Z2d aud applied by the |
supreme Court { The United STAT? !
Judge Dillon gives the 70 lowing sam |
mary Of the decision of The COurt : |
= The purchaser is bound to ste that |
here exists IegjzIa i've authority, rot |
n conflict with ,Ee State Constitution, |
or the Issue If he bonds or CONNER |
.iaI securities Of Inc municipal, public |
)r quasi corporation, and is bound to |
lolIce the contents and recttal5 con |
aimed III the Instruments but Ii SUCH |
ponds are duly executed by the proper |
officers, aud these officers have invest |
"a by tie true construction of the leg |
sIatiye en&c' mentin that regard, with |
he rowtr 10 decide whether cOndi-
ions precedent have been performed, |
md the bonds contain a recital thai |
uch c1udi ms b .ve been complied
With, or u recital ~ hjch implits such
com pllauce, neither the preliminary |
conditions consist OF facts IN pals or
acts of retOld, he 's-ue of the bonds, |
lnder such circumstances, with such
eCital, is conclusive against the mu
lici pality as to the fact or facts reCited, |
,nG eStops III scu' Il by al innocent
holder for value before due, to show the
contrary. In all h cases in the Su-
)reme Court Of h United States that
Iibunal ta~ h / "a, the municipal
r. local Officer. ne cons iluted the
Judges to d eide whether anteCtdents
n preliminary steps or conditions had
,een complied with, aud that their de-
'ision, stated or implied in the Il cjtai,
vas conclusive against the corp rate
maker when the b JUds have found
heir wy into the haLds Of iuu0c hi
.UIyie.s.h
Bat it i ihe & qHit emit Ut Of justice,
8 well as iute of law, that when
ebtor is sought 10 oe charged upon
undry written evIdc nces Of debt, all
earring his signature, and valid upon
heir f1ces, but some of which, he al
eyes, be never executed, he must de-
ignate The Fr-cI-e Instrument or pa
eT, the validity of which he disputes,
nd make his def u9e under oath.
The committee not only fails to
Oint out auy speC, fic bonds as to
7hich the cOudIuuus Of the law pro-
idiDg for heir l-suat c. ere neglect
d or Violated. bat makes the state
lent broadcast, that a. To the bonds
sued in a Il OF railroads, din nearly I
very instaLce the conditions of the I
wv, either precedent or sub5t quent,
ERE not observed"
Now, I find from official sources that
der the act of Feb. IL, 1852, aud
mendmen s, 13 G82 bonds, amounting :
S13. 682 900, We're Issued by Cows.
Johnson snd Harris, and /
!, 2Oi, amounting to SIS POI 600, were a
sued by Guys BcoWnlUW aud Senter. ]