have a thing, but may not lawfully engage its citizens to create that thing, or that its citizens may not voluntarily do so.
There is no conflict of opinion between this holding and the ease of Puryear, adm'r, v. McGavock et als., manuscript opinion by Judge Deaderick, as the transaction in that case was in April, 1861, before action was taken by the State in the matter of separation.
Reverse the judgment.
Note.—The opinion above was delivered at Nashville, December term, 1872, and introduced here as conclusive of the numerous cases, still pending in the courts of the State, involving the principles it determines. It was recently reaffirmed, without a written opinion, in the case of The Union Bank of Tennessee v. Alexander Pattison, at Jackson, September term, 1876.—J. C. M.
Steuart's Brigade at the Battle of Gettysburg.—A Narrative by Rev. Randolph H. McKim, D. D., late First Lieutenant and Aide-de-Camp, Confederate Army.
[Rev. J. Wm. Jones, D. D.,
Secretary Southern Historical Society:
Dear Sir: The sketch which I send herewith has been prepared at the urgent request of several of the survivors of the Third brigade, (Second corps, A. N. V.,) who think that justice to the memory of the heroic men of that command who gave up their lives at Gettysburg demands a more extended notice than has yet appeared of the part borne by them on that bloody field. (Owing to the fact that on the 3d July I was occupied chiefly on the right of the line, my narrative relates principally to the deeds of the regiments on the right.) In preparing the narrative my memory has been assisted by pocket memoranda, made on the field, and by letters written immediately after the events related. This enables me to hope that in all substantial points this account may be relied on as accurate.
It is proper to add that I was attached as aide-de-camp to the staff of the brigadier-general commanding the brigade, so that I had excellent opportunities of informing myself of its condition and its deeds.
Very respectfully, your obedient servant,
New York, March 4, 1878.]
The Third brigade of Johnson's division entered the battle of Gettysburg very much jaded by the hard marching which fell to its lot the week previous. It formed part of an expeditionary force of infantry, cavalry, and artillery which was detached from the Second corps on the
