Marietta advocate. (Marietta, Ga.) 1843-18??, May 02, 1862, Image 1

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BY R. iM. GOODMAN. Wt JMrowte. The Weekly Advocate Is published every Friday Morning at S 3 00 a year in Advance, Blanks I Blanks ! Blanks! BLANKS in any quantity and of every va riety kept on band or printed to order, at the lowest possible price, at this office. Also—-JOB WORK, of every varie ty and style, executed in the neatest and most approved style of the art. and at prices which cannot be ••murmured at" by the •closest-fisted" in or out of this section of the country. Give ns a trial. _.. - - sEqptl Advertisements. , Sale. BY virtue ot an order from the Court of Or dinary of Cobb County, will be sold on the first Tuesday in May next, before the court house door, in the city of Marietta. Cobb county, be tween the legal bonrs of sale, lot of land No. 250, in the 18th district and 2d section. Cobb comity, containing 10 acres, more or less, with a good framed dwelling house, out buildings Ac. • Also. Lots No. 75G, with reserve of one acre in north eastcorner, and Nos. 757. 799. and parts of Nos. 830 and 873 all in the 19th district and 2d section, Cobb county containing in all 170 acres more or less, with a good log house, out buildings, good orchard and excellent water. Ac. The above lands sold as the property of Win. L. Summerlin, deceased, for the benefit of the heirs and creditors of said deceased. Terms made known on dav of sale. MILTON J. MAGBEE. Adm'r. Georgia Cobb County: WMTHERE.AS. T. J. I’erkerson. as the son. v ▼ and W. C. Strickland, as the son-in-law ■of deeeased, apply to me in writing, for letters •of Administration o-i the estate of John S, Per kerson, late of said county, deceased. These are therefore to cite and admonish all and singular those concerned to file their objec- I tions. if any they have, in my office on or before j /he first Monday in May next, otherwise letters ■of ndmifistration will be granted the applicants at that term of the Court of Ordinary of Cobb ■County. Given under my hand, at office, in Marietta, this Ist April. 1862. JNO. G. CAMPBELL. Ordinary. Georgia Cubb County: WHEUEtS. Mrs. Martha 1). Nesbitt. Exec trlx u . ‘e-estate of H. O. K. Nesbitt, fate of s : ! county deceased, applies to me for letters . Emission from the adminis tration of said • ate. These are th • -fore to cite and admonish all and singular t • cindred and creditors of said deceased, to t: • heir objections, if any they have, ia my of; ■ on or before the first Monday in July next, •■iberwise letters of dismis sion will be v nted the applicant at that term of the Con : if Ordinary for said county. Given under ~■■•• hand, at Marietta, this 3d day of Januar'.. s:’>2. January 3d.’ JNO G CAMPBELL. Ord’y . GEORGIA. -Paulding County. WIIEREAS. Enoch Pinkant. Administrator of the E~ ite of James N. Pinkant. de ceased. applies '•> me for Letters of Dismission, from said Admin’-tration. These are the: . / .re to cite and Admonish all persons concern--1. to be and appear at my of fice. on or before i’.ie first Monday in March next, to show cause (:t ny they have) why said Let ters Dismissory s'. mid not-then be Granted the applicant. Given under my hr»nd at office this September jnd, 1861. MILES EDWARDS, Or’dy. GEORGIA, Paulding County; WHEREAS Enoch Pinkard Administrator on the estate of James N. Pinkard de ceased applies to me for letters of dismission from said Administration. These are therefore to cite end require all and singular all persons concered to be and appear at my office in Dal las on the first Monday in June next to show cause (if any they have) why said letters of dismission should not be granted the applicant. Witness my hand and official signature, this November 6te, 1861. MILES EDWARDS, Ordy. Nov. 12.1861. per S. L. Strickland. Pickens County Georgia. Til WO months after date application will be I made to the Court of Ordinary of said •county, at the first regular term, after the expi ration of two months from this notice, for leave to sell the lands belonging to the estate of Hen ry Fitzsimmons, late of said county deceased. ELIAS W. ALLRED. Feb. 3d. 1862. Adinr. de bonis non. VrOTICE.—TWO MONTH; after date, ~ap plication will be made to the Court of Or dinary of Cobb ebunty, for leave to sell the LANDS belonging to the ertate of Moses A Hartsfield deceased, for the benefit of the heirs and creditors of said deceased. March 21. 1862. DANIEL WRIGHT, Adm’or. TWO»MONTHS after date application will be made to the Tlourt of Ordinary of Milton county, for leave to sell the lands belonging to the estate of Bryer Howard, deceased, for the benefit of the heirs and creditors of said dec’d. JOHN S. JAMES, J. C. STREET, April 4. 1862. Adm’or.s. GEORGIA, Forsyth county. TWO months after date, application will be made to the court of Ordinary of Forsyth county, Georgia, for leave to sell the LANDS belonging to the estate of Jesse Bagwell, late of said county, deceased, for the benefit of the heirs and creditors. April 9. 1862. 15 SEABORN JANES, adm’or. Notice. ALL persons having demands against the es tate of Eleander Atkins, dec’d., are reques ted to present them properly attested, tv the undersigned within the time prescribed by law: and all those indebted to said estate are reques ted to make immediate payment. JOHN MALONEY, Adm’r. March sth 1862. —4od. Notice to Debtors and Creditors. NOTICE is hereby given to all having de mands against the estate of Moses A. Harts field, late of Cobb county, dec’d., are requested to present them, properly made out, within the time prescribed by law; and all persons indebted to said deceased, are hereby required to make immediate payment. March 2Ut, 1862. DANIEL WRIGHT. AdnPr. Notice to Debtors and Creditors. ALL persons having demands against the es tate of William Mayes, late of Cobb coun ty, deceased, are requested to present them properly attested, to the undersigned within the time prescribed by law ; and all persons in debted to said estate, arc required to make im mediate payment. April 17, 1862. 15 THOMA? A. GOBER. Ei’or. £ll r Mart rt t a Aii hoc at c. - Georgia- Cobb County: WHEREAS, Edward Mays, as the friend of deceased, applies to me in writing for • letters of Administration on the estate of Wylly McConnell, late of said County, deceased. These are therefore to cite and Admonish all and singular those concerned to file their objec tions. if any they have, in my office on or before the first Monday in May next, otherwise letters of Administration will be granted the applicant at that term of the Court of Ordinary of Cobb i County. * Given under my band, at office, in Marietta, I this April Ist. 1862. JNO. G. CAMPBELL, Ordinary. Georgia Cobb County YTTHEREAS, Gbed R. Eason, as the friend VI of deceased, applies to me in writing for I letters of Admir.iatration on the estate of Char ; les Ellis, late of said county, deceased. j These are therefore to cite and admonish all i and singular those concerned to file their objeo ' tions in my office, on or before the first Tuesday in May next - otherwise letters of Administra tion will be granted the applicant at that term ot the Court of Ordinary for said county. Given under my hand, at Marietta, this Ist Aptil. 1862. JNO. G. CAMPBELL, Ord’y. GEORGIA, Paulding County. WHEREAS, Edward Magin, Administrator on the Estate of C. C. Caldwell, deceas ed. applies to me for Letters of dismissson from said Administration. These are therefore to cite and Admonish all persons concerned to be and appear at my of fice on or before the Ist Monday in October next to show Cause (if any they have) why said Let ters Dismissory should not then be granted the applicant. Given under mv hand at office this 29th March. 1862. ' S. B McGREGOR, Ord’y. ~ BUSI X ESS CAR OS. Churches in Marietta. M. E. f’hureh Rev. Alex. Graham. Pastor. Presbyterian Rev. E. I’. Palmer. Pastor Episcopal (St. James) Rev. S. Benedict, Rector Baptist filled 2nd and 4th Sabbath I in each month by the Rev. Mr. Rambav. | Two Churches for tho Blacks, .Methodist and Baptist. ’ A. N.~ SIMPSON •’ ~ Attorney and Councellor at Law- Marietta -. .Georgia. October 6, ly. A. J. HANSELL~ Attorney at Law & Solicitor in Chancery. Marietta Georgia. October 6, >y. ~~"Jo H N 0i. — G ARTRE LL, j Attorney and Councellor at Law ■ Marietta Georgia. 1 July 29. yi ; c. d. piiillTps, ’ Attorney and Counsellor at Law, Marietta Georgia. june 15iy • G. N. LESTER. ATTORNEY AT LAW Marietta, G eorgia, ’T’XT’ILL practice in the Blue Ridge Circuit VV the Supreme Court of Georgia, and the District Court at Mrrietta. February 29, 1861 ’ ly. JE. FA W. ATTORNEY AT LAW, Marietta, Georgia. WILL diligently attend to any business con fided to his care in the counties of Cobb, Chetokee. Milton and Paulding. CLAIMS collected as soon as it can b.e done by law, and the money promptly paid over. Jan 20, 1861. WM. PHILLIPS. J. T. BURKHALTER PHILLIPS & BURKHALTER, Attorneys Tjzx'W', IMsiriettsi, Georgia. Will practice in Fulton, Paulding and all the counties of the Blue Ridge Circuit, in the Su preme court, and District court, April 5, ’6O -ly. Attorney and Counsellor nt LaW, Marietta, Cobb county Ga. Will pr actice, and give prompt attention to all business confided to his professional care, in the District Court of the U. S. at Marietta, The Supreme Court of Georgia, at Atlanta, and the Superior and Inferior Coifrts of the Blue Ridge Circuit, and the counties adjoining Cobb of oth er circuits. , Especial attention given to the collection of debts, and the securing of all manner o:’ claims. Promptand efficient attention will be given to all manner of business in the Courts of Ordina ry in the county of Cobb and adjoining :o tnties. Feb. 10 one v DAVID IRWIN. GREENLEE BUTLER. IRWIN & BUTLER, ATTORNEYS AT LAW, ZvLecrlettei, G-a. BUSINESS confided to their professional management in the following counties will be transacted, viz; Campbell, Paulding, Polk. Cobb, Cherokee, Forsyth, Lumpkin, Fulton and Milton. Also, in the District Conrt at Marietta, and at the Supreme Court at Atlanta. The District Court sits at Marietta on the second Monday in March and September. Re turn 20 days before Court. —feb29-’6l-ly. E.M.ALLEN, Resident SWW* Dentist C CONTINUES the practice of his profession ) in all its branches, and solicits the patron age of those who will pay their bills upon pre sentation, and consider them presented when the operations are finished. I am compelled to adhere more strictly to the cash system, in order to comply myself with the demands of others. 750“ OFFICE over the Post Office. .Marietta. Feb. 4th 1862. MARIETTA, GA., FRIDAY, MAY 2, 1862, The C'uiiscriptiJii Bill. This important measure has passed both houses of Congress. For the in formation of our readers, a large major ity of whom are interested in its provis ions, we append a copy of the bill as follows: A BILL TO BE ENTITLED “AN ACT TO FURTHER PROVIDE FOR THE PUBLIC DEFENCE.” I:i view of the exigencies of the coun try, and the absolute necessity of keep-' ing in the service our gallant army ami of placing in the field, a large ad. ditional force to meet the advancing columns ol the enemy now invading our soil. Therefore, Section 1. The Congress of the Con federate States do enact, That the Presi dent be and he is hereby authorized, to call out and place in the military ser vice of the Confederate States, forthree years unless the war shall have been sooner ended all white men who are residents of the Confederate States, be tween the ages of eighteen and thirty five years at the time the call or calls may be made, who are not legally ex empted from military service. All of the persons aforesaid who are not now in the armies of the Confederacy, and whose term of service will expire before the end of war, shall be continued in .he service for three years from the datifcof their original enlistment, unless the war shall have sooner ended: Pro vided, however, that all such compan ies, battailions and regiments whose term of orginai enlistment was for twelve months, shall have the right, within forty days, oh a day to i e fixed by the commander of the brigade, to reorganize said companies, battalions and regiments, by elec.ing all their officers which they had a right hereto fore to elect, who shall be commission ed by the President; Provided, further, That furloughs not exceeding sixty days with transportation home and back, shall l-e gra'.Jed to all those retained’ in the service by the provisions of this act beyond the period o therr orignal enlistmen’, and who have heretofore not received furloughs under the p o visions of an act en itled “An act uro viding for the granting of bounty and furloughs to privates and non-commis sioned officers in thel’rov isional Army,” approved 11th December, 1861, said furloughs to be granted al times, and in such numbers, as the Secretary of War may deem most compatible with the public interes'; and Provided, further, That in lieu of a lurlough the commu ration value in money of the traiftpor'. tation hereinabove granted shall be paid to each private musician, or non commissioned officer who may elect to receive it at such time as the furlough would otherwise be granted. Provided further, that all person tinder the age of eighteen years, or over the age of thirty five years, who arc now enrolled in the military service of the Confeder ate States in the regiments battalions and companies hereafter to be organized shall be required to remain in their respective companies battalions and regiments for ninety days unless their places can sooner be supplied by other recruits no 1 now in the service, who are between the ages of eighteen and 35 years; and all laws and parts <4 lawspro viding for the re-enlistment of volun t> ers, and the organization thereof into companies squadrons battailions or reg iments, is shall be and the same art* hereby repealed. Sec. 2. it further enacted, That such companies, squadrons, battalions, or regiments organized, or in process of organization by au hority from the Secr etary of War, as may be, within thirty days from the passage of this act so fa completed as to have the whole number of men requisite for organization actual ly enrolled not embracing in said ovganir zations any persons now in service, shall be mustered into the service of the. Con federate States as part of the land force of the same, to be received in that arm of the service in which they arc author ized to organize, and shall elect their company battali on, and regimental offi cers. Sec. 3. Beit furiher .enacted, That for the en-rollment of all persons com prehended within the provisions of this act, who tire not already in the srmies of the Confederate States it shall be lawful for the President, with the consent of the Governors of the respective States, to employ State officers, and, on failure to obtain such consent, he shall cm-- p’oy Confederate officers, charged with the duty of making such enrollment in accordance with ratej ami regulations to be prescribed by him. Sec. 4 Be it further enacted, That, persons enrolled under the provisions of the preceding section shall be as signed by the Secretary of War to the different companies t ow in service, mi', til each company is filled to its maxi mum number, and the persons so en rolled shall be assigned to companies from the States from which they res~ pectfiilly come. Sec. 5. Be it further enacted, That all seamen and ordinary seamen in the land forces of the Confederate States enrolled under the Provisions of this, act, may on applications cf the Secra tary of the Navy be transfered from the land forces to the naval service. Sec. 6. Be it further enacted, That in i all cases where a State may not have in the army a number of regiments bat talions, squadron, or companies suffi. cient to absorb the number of persons subject to military service under this act belonging to such State then the residue or excess thereof shall be kept as a reserve under such regulations as may establised by the. Secretary of War; and then at stated periods of not greater than three months detei mined by lot «liall bo made from said reserve so that each company shall, as nearly as practicable be kept full. Provided, That the persons held in reserve may remain at home until call ed into service by the President. Pro vided, also, that daring theii* stay at home they not receive pay. Provided, further, that the persons comprehended in this act shall not be subject to the rules and articles of war, and mustered into the actual ’service of the Confeder ate States; except that said persons when en oiled and liable to duty, if they shall wilfully refuse to obey said call such of them shall Re held to be a de serter, and punished as such under said articles. Provided, further, that when ever, in the opinion ot the President, the exigencies ot the public service may require it; he shall be authorized to call into actual service the entire reserve, or so much as may be necessary, not previously consigned to different com panies in service, under provisions of section four of this act. Said reserve shall be organized under such rules ns the Secretary of War may adopt pro vided the company, battalion and regi mental officers shall be elected by the troops composing the same; provided the troops resided in any one State, sliall not be combined, io regimental battalion, squadron, or c.nnpany. organ* tization, with the troops raised in any other State. Sec. 7. Beit further enacted, That all sodlicrs now serving in the army, or mustered in the milit ry service of the Confederate States, or enrolled in said service under the authorizations heretofore issued to the Secretary of War, and who are continued in the ser vice by’ virme of this act, who have not received the bounty of fifty’ dollars allowed by existing law’s, shall be enti tled to receive said bounty. Sec. 8. Be it furtl er enacted, That each man who may’ hereafter be mus tered into service, and who shall arm himself with a musket, of shotgun rille or carbine, accepted as an eflicieiit weapon, shall be paid the value thereof to be aceitained by the mustering offi cer under such regulation as may be prescribed by the Secretary of War, it he is willing to sell the same, and if he is not then he shall be entitled to re ceive one dollar a month for the use of said received and approved musket, rifle,- shot-gun or caibine. Sec 9. Beit furiher enacted, I hat persons not liable for duty may be ic ceived as substitutes tor those who are under such regulations as may be pre scribed by’ the Secretary of W ir. Sec. 16. Be it further enacted, That all vancancivs shall be filled by the President from the company, battalion squadron or regiment, in which such vacancies occur, by promotion accord ing to seniority, except in cases of dis ability or other, incompetency: Provid ed, however, That the President may, when, in his opinion, it may be proper, all such vacancy or vacancies by the promotion of any officer or officers or private or privates from company, bat talion, squadron on regiment who shall have been distinguished in the service by exhibition of valor and skill, and that whenever a vacancy sh-ill occur in the lowest grade of the commissioned officers of a company, said vacancy be filled by election: Provided, all ap'. pointments made by the President, shall be by’ and with the advice atid consent of the Senate. Sec. 11. Be it further enacted, That provisions of the first .section of this uct relating to the election of officers shall apply to those regiments, battalions, and sqadrons which composed of twelve months’ ami war companies combined in the same organization, without re gard to the manner in which the officers thereof were orginally appointed. Sec. 12. Be it further enacted, That each company of infantry’ shall consist of one hundred and twenty-five, rank and file; each company of field artillery I of one hundred and fifty, rank and file, and each of cavalry of eighty, rank and file. Sec. 13. Be it further enacted, That all person subject to enrollment, who are now in the service under the provis ions of this act shall be permitted, pre vious to such enrollment, to volunteer in companies now in the service. Salt. Meetings are being held at various points in the State to devise ways and means for procuring tliis essential coni m«7ttTyT~*n is cloTuhily time wc were making some effort to obtain a supply, as the stock will soon be wholly exhausted in the South. We are not aware of the adoption of any plan as yet, but see no reason why t.he object may not, with the proper effort, be successfully accomplisb- Froin the Augusta Chronicle. A Protest. We are glad to see, from the protect of Messrs Wright, of Georgia, and Fos ter, of Alabama, against the seizure of the Railroads by the Government, that there arc some membcis of Congress that are willing to recognize the fact that there is such a thing as the Coj stitution of the Confederate States So long a time had elapsed since th it document has been mentioned, and »o continually had its provisions been ig and violated, that there existed some doubt if it had not been totally annull ed by Congress in some of its secret sessions. In spite of the plain provisions of the Constitution against internal improve ments by the General Government which formed such valid ground of complaint against the old Government we find the constitutional objection against building lines of Railroads in Louisiana and Texas and the Danville connection in Noith Carolinia very feebly urged and we believe it has been enacted that these roads shall be built in direct violation of the Constitution. Thus the lattitudinarian principles of the old government are peipetuuted. The same plea of military necessity which was used by the Federal Govern ment to justify the building of the Pa cific Railroad, and which was so bitter ly opposed by the strict construction ists of the South is used to excuse these violations of the plain provisions of the Confederate Constitution. This plea of military necessity has become to be the excuse for all sorts of usurpations —not only for building Railroads, for taking private property for public uses without compensation, for abridg ing the liberty of the citizen, for interfering with trade, but even for repealing tl e laws of the State, and ta king the command of its militia out of the hands of its Governor, or for his willingly and illegally yielding up his prerogatives. If military necessity’ is always to excuse every arbitrary act of the General Government, and every in fringment of private rights, it ia best no longer to deceive the people with the idea that they live under a government controlled by constitution and laws.— No people in any age of the world have been more ready than our’s to give up everything for the cause in which they struggling, but they cannot see with out a murmur all the barriers between their liberties and military despotism broken down, and they will therefore admire the manliness of these public men who have the courage to protest against any abitrary assumption of power. We copy from the proceedings of Congress nil Munday tl c following pro test: Mr. Foster, of Alab ma, offered the following protest, and asked that it be entered on the minutes: * “We, the undersigned, members of the first session of the first permanent Congress beg most respectfully to en ter this,our most s. lernn protest against the passage of an act entitled “An act to provide for the safe and expeditious tr.xnspor ation of tioops and munitions of war by railroad,” and in justification of the same to lay before the House F.nd the country the following- as our ren.-ons, viz: 1. We believe that there is no pow er granted by the Constitution, either expressed or implied,* that authorizes Congress in appropriating’ or seizing the property of States or persons, ;rnd placing the same, either for temporary or permanent purposes in the hands of the Executive or any wise disposing of the same without the consent, of the owners thereof. On the contrary, we believe that the Constitution expressly p-.ohibits and denies such power, for art cle 1, section 9, expressly declares that‘The right of the people to be se cure in their persons, houses, papers a nd effects against unreasonable search es and seizures shall not be violated.’ ‘2. Wc believe that this act, did it become a law would be subversive of ami iii iliiect contravention to, the great an fudemental principles of State sovereignty; the right to regulate their own domestic instiutions being- one of those unalienable and sacred rights re-* served by the States composing our Confederacy, and the destruction of our lil><-rt ies. VOL. XIX—NO. 17. *3. We believe the act to be altogeth er inexpedient and uncalled for, ami that the several railroads in the Confed* crate States— all of which have Lccii prompt and willing to aid the govern* ment to the very utmost of their’capaci ty and at reduced charges— have beotl and will continue to be far better man-* aged by iheir presidents and diroctof chosen by the stockholders who ar«l more conversant with all the minut* and complicated details of their roads, and the proper and economical man agement of their means of transporta tion, than the executive or his military subordinates could possibly be. 'For these and other equally cogent reasons, which must occur to every in telligent mind not unreasonably de pressed by exigencies and vicis-itudes, through which Providence has decreed that we should pass in our prograss to national independence, and which we hope and believe are but the precurs ors ot victory and success we protest against said act, and respectfully re quest that this our protest he entered on the journal. [Signed | “A. R. Wright, “T. J. Foster.” •• Parsou” Brownlow on the Southern Clergy. We copy from the Cinciunaii (Ohio) Commercial, the following remarks of that notorious old Tennessee hypocrite, who has turned up there with a Flea in his Ear and a Lie in his Mouth : Monday morning- Parson Brownlow met some thirty Methodist Proacbeis at the Klethodist book concern, and made a brief spsech. He said he knew only three Methodist preachers who were loyal. Bishop Soule condemned the re bellion ; he did not dare no more, be cause he would be hung, as he is. The bish.>p had to swear to support the Southern Confederacy. Mr. Brownlow said the Southern churches wore for good. Union people would not hear Secession preachers, nor Secessionists these who were loyal. He, the speaker, owed his’eseape to the protests of his triends in East Ten nessee,'(which is Union five to one) and to the political civilian leaders of Eennessee, saying if he was kept, 12 of their leaders wotiid be sacrificed. His wife and children were detained as hos tages for his good conduct. He told his wife to make up her mind to be exe cuted, us ke should ce tainly speak a gainst the Confederacy. The worst men, he remarked, in the Southern Confederacy are Methodist, Baptist, Presbyterian and Episcopalian preachers. They drink and swear ttoek days, and preach Sundays. When they became secesh they bid farewell te hon esty, truth and decency. The Confederacy originated in lying, stealing and perjury. Floyd did the stealing, the common masses the lying, and fourteen Senators fiom the cotton States the perjury—the latter class while retaining thpir seats in the Uni ted States’ Senate, and making a pre tense of observing their oatl.s, but at night, till twelve o'clock, holdiug se cret meetings, sending dispatches to their respective States to pass ordinan ces of secession, to seize torts, etc. Among- the instances illustrating the spirit prevailing among the Southern clergy, Mr. Biownlow said that tho’ pastor of the First Presbyterian charch in Knoxville, called a union prayer meeting to pray that Burnside’s fleet might sink and the blockade be raised.- The same minister had said that lie would rather use a Bible printed and' bound in Hell than one from tho North.- Also that Jesus Christ was born on' Southern soil, and that all his apostles were Southern men, except Judas Is- - cariot who was a Northern man. This was said openly Irom his pulpi! on Sul-" day. Mr. Brownlow is of opinion that there are better men in the place where' the Presbyterian parson looked for the • next edition of the Bible, than tho Southern leaders. He had seen good men taken out of his prison in knots, and one by one hung—fathers and their sons. He was of opinion that it w#s time to hang on our side. Mr. Brownlow intimated his inten*' tion of going back to Knoxville to re- ; establish his paper which he had edited for twenty-fivo years, and which had : more subsetibers than all the papers in« East Tennessee combined.