Newspaper Page Text
mm
State Rights &,C(\nfpderatt States Itights
'0*0,- '^y
fy*_- \ » »^Lt ^ -
THE CONFEDERATE .UNION,
(Cornerof .Hancock and Wilkinson streets.)
OPPOSITE THECOITKT HOUSE
SSCGHTOK, NISBKT A fO., State Printers.
Tuesday AJornirg, Odder 4.1864.
vw All persons, in Baldwin county, indebted
,o us are requested to call at our office ami mab
payment.
la Ihri'C no Hfinril) C
President Davis, in bis remarks at the meeting in
Macon, called to raise means to aid the exiles from
North Georgia, made the astounding announcement
that two-thirds of the Confederate Armies are absei t
from the post of duty. President Davis is very candid
and does not withhold this important information from
fear of any injurious effect it may have upon our cause,
either nt the North or in Europe, lie sees the evil,
and has, we think, wisely brought it before the coun-
•trv. It is certainly a most lamentable truth to look
in the face, l.ul if it were concealed, it would be a
thousand times worse. 3 lie J resident must know
where the blann* lies; and we hope he wilt not stop until
he fixes the blame of this great evil upon the right
men. If (he officers appointed by him, and their mb’
ordinates, have used their positions to screen men
from duty in order to fill their own pockets with Con*
"federatemoney, let the President overhaul the guilty
parties aud bring them to trial lor their shameless
conduct. There is great looseness in some of our gov
ernmental departments ; no doubt of that. Is it too
late to find a remedy for the disease 1 It is very diffi
cult to tell who are honest and who are not. It is
still more difficult to undo the evil which dishonest
functionaries inflict on the. Country and the cause ; but
it is not beyond the power of the President to make
a rigid investigation into the caust* of this great evil
he and all good friends of the Country so heartily de
jdore. We hope, now that lie has frankly informed the
people of lie evil, and so earnestly Invoked their aid
in arresting it, he will probe the dangerous wound to
the bottom, and apply himself diligently to the work
of restoring- to the Army the thousands and tens of
thousands, who have, in one way and nuother, absented
themselves from their commands
(laT-M nlt. ninllhc of Alnbnuin.
In the Message of Gov. Watts of Ala, to the Gen
er.d Assembly now In Session at Montgomery, we find
lie following allusion to the M.iJiti& :
* As the interests of each of the Confederate St s es
are identical in this struggle agamst opprwsim^aiid
subjugation, it deserves your serious
,bA£U.riOt;„
m adjoining htste, ought not in ^ n0 m
earful Ftruggl'* flro,BL OD - - • •
.’SE-.roAS bS permuted t.
™,„,. 1U. b« r..iJ ™ lh. taob-
ted homes and starving women and children of our
sister State The bntlle for the defence of Alabama
ninv be fought on Georgia soil. Shall we stand idly
by lift not a hand, strike not a blow, while all that
fiecmen cherish and patriots love, are staked on the
bloody issue ? Our fathers, our brothers, our sous, are
there; and a common cause, and a common destiny
urge us to aid them.
The Governor, we think, takes a correct view of the
situation. Alabama will be saved from invasion
if Sherman is expelled from Georgia, or even success
fully resisted in ease ho attcinptsto drive Gen. Hood
from his present positiou on tlie ImGrange and West
Point R. It.
The President’* Speech nt Vlaron.
We publish to’ day the report of the Speech of Presi
dent Davis, nt Macon. Either tlie report does great
injustice to the President, or the President lias done
great it justice to himself.
that 1500 recruits.
r<r*Th- Richmond Whig says
well mounted, from Middle Tennessee, have arrived
within our lines. Gen’s. Williams and Robinson, who
got separated from Wheeler in his tramp through
Tennessee, are safe.
[IIoTtnwnfs of Generals.
Lieut. General Dick Taylor, commanding the
Department of East Louisiana, Mississippi and Al
abama, was in Montgomery, Ala., last week.—
General Beauregard was in Charleston last Tues
day, and was expected in Georgia the same week.
Gen. Hardee.
This officer lias won a distinction during the
War worthy the aspiration of any patriot. Pres
ident Davis, in bis Macon speech, thus alluded
to the distinguished Georgian. “Whbercr may
have failed, that noble Georgian, General Har
dee, has done all that a soldier could do. or that
could be asked of a patriot.” What more could
bo said iu praise of any soldier ?
We call the* attention of our readers in Tut-
nam, Jasper and Morgan to the communication
over the signature of “Jasper.
rsrwc see it stated that both Vallaudingham and
Fernando Wood have expressed their determination
to suppoit McClellan for the Presidency. As the New
York .We *, edited by Ucn Wood, a brother of Fernan
do, is bitterly opposed to McClellan, Uio |flnods must
be *p it.
fiPCol. R. B.Xisiiet, is proposed, by his friends, as
a candidate to fill the vacancy in .the Senatorial dis
trict,composed of the counties of Morgan Putnam, and
Jasper, occasioned by yie death of Hon. Jefferson
Adams.
Torrent nt IVorli.
Gen. Forrest captured Athens,*Ala. and the Fed
eral garrison at that place numbering 1300 men ; also
two passenger trains, 50 wagon* and ambulances, 500
horses, and many valuable stores. Our loss small.—
Forrest will give Sherman trouble before the first
frost. Athens is about 25 miles west of Huntsville,
and near the Memphis and Charleston R. R.
A few days after this handsome affair at Athens,
General Forrest oaptnred the Federal garrison at
Sulphur Springs, nine miles North of Athens,on the
. road from Decatur Ala., to Nashville. The position
• was the strongest on the road. The fruits of this vic
tor}-were. 800 prisoners, including a Lieut. Colonel, two
Majors, ten Captains and twenty two Lieutenants:
also 300 horses, two pieces of artillery, and a large
amount of stores. The tight lasted 3 hours. Our loss
about 35, the enemy’s in killed and wounded 200, ip.
' eluding the Colonel in command ofthe garrison.
Kirlimond.
The city of Richmond is soon to be subjected to
the severest ordgal it has experienced during the
War. Grant is getting a vast anny to capture Rich
mond before the Presidential election. The plan will
be to drive us out of the valley, and take Lynchburg
on the West of Richmond. Grant is already in a strong
position on the Weldon Road South East of Richmond
With two large Annies on the East and West of the
city, be does not doubt his ability to take and hold all
the Rail Roads that approach Richmond from the
South. Possessing these Ronds he is then prepared
to sit down and see the city and Lee’s Army fall into
liis hands like a ripe apple. Never was there greater
need for eveiy man in the Army of Northern Virginia
to be at his post. It is no time now to straggle or
play “old soldier.” If Gen. Lee had every man that
belongs to the Army, who is able to fight, there would
be no danger. One half or more, of Granf s Army is
composed of new men, who have been bought up by
liigli bounties, and many are substitute men who have
been bought up a dozen times. Give Gen. Lee one
hundred thousand men, and he ohii whip any army
Grant can bring against him.
Another Enemy in the Field.
If “P. W. A.” the reliable correspondent of thcSnv.
Republican, is to be believed, tliCD has Gen. Early had
a hard time of it in the volley. He 1ms had to fight
Sherman’s Army, twice as large as his own in the front,
and Gen. John Barley Coin, a powerful foe, on the
wings. Referring to our late disasters in the valley,
“P. W. .-I ” says^
“Do you ask for an explanation of these rapidly «c-
eurriner disasters in a portion of the State where the.
Confederates, until the 19th, never suffered r. defea'-i
It is simple and easily given :
EXECUTIVE DEPARTMENT, ?
MilXEDGEVILl.E, Sep. 26th isO-1 J
Cot. J'trrd /■ Whitaker, Commissary General :
Colonel : Information reaches me from va
rious parts of the Stale, that the families of our
gallant soldiers are Again in great need of salt.
and some of them" must soon suffar if their neces
sities are not relieved. While those who are their
natural protectors are required to leave them and
confront the enemy oh the battlefield, those vbp
remain at home, and especially those in authori
ty, must do ail in their power to relievo their
wants, and prevent distress for the necessaries ot
life. Considering the Slate as the natural guar
dian of the helpless families of absent soldiers,
I have as its Executive, done all m my P°« er to
contribute to their comfort. Notwithstanding the
means of bringing salt from the works in \ irgin-
ia into the State, have been greatly curt-ulcd du
ring the present year, I have nevertheless suc
ceeded in bringing in from there and in procuring
from other sources, since the last distribution to
soldiers' families was made through yon, about
thirty thousand bushels, as appears from your re
ports made to me; and which quantity is qow m
store ready for distribution. Although ibis will
not, be enough to supply all, it will, it distributed,
relieve a great many: and the ^others can have as
sistance when more can be procured.
My intention is. so soon as it can be had. to
make a distribution of one-half bushel ot twenty-
five pounds. to the family of each officer and sol
dier in State or Confederate service, from Georgia.
You will, therefore give notice immediately, to
the Justices of the Iuferior Courts of the respect
ive counties of the State, in all cases where it can
be done, that they are required, without delay, to
ascertain and report to you, the name of each
eotuver's widow! each soldier's wife; each widow
having a son, or sons, in such service; each other
family dependent upon the labor of a soldier iu
such service for support; and the family of each
disabled soldier who lias been discharged from
such service on account of wounds or other disa
bility, in their respective counties. In making up
such reports or lists, no distinction should ba
made between tliosp coming properly within the
above named classes whether they artf permanent
residents of the county, or are retugeco or exiles
from other counties of the State; but if they
would have been entitled to receive Stale salt in
the county from which they came, they should he
returned as entitled in. the county where they
may be found
to enter said aeTsyjpe, or being therein, shall leave
the service wilE<)Ut permission, shall be liable to
be tried, find punished ns a «3es<rfei, and subject
to all the pains and penalties imposed upon de
serters by the Rules ^aud Articles of War for the
Government of the .Army of the Confederate
Smteg—Sec. XIV. Iriia not denied that the party
in question is within *-he age which subjects him
to t ervica under the statute, and it is not pretend
ed that ho is exetn?! from , the service by any pro
vision of law ot t be State. • He is then prima facie
liable, and the legal presumptions are nil against
him. He ba u been ordered into service by the
Governor. He has disobeyed the order, and the
law presumes-him to be a deserier. Thfe Enroll
ing Officer of the State was sent to arrest him,
and did so He was thfcri legally in his custody,
and the officer certainly had a right to hold him
until he should be relieved from his custody by
the judgment in his favor of some Court having
jurisdiction of the case. Ho sued cut a writ of
habeas corpus returnable to the Inferior Court of
his county, as he had a right to do. The case Was
heard hy the Court and the judgment rendered
against him. Independently of the judgment,
btfore it was rendered, he was liable to be sent
to the fiont. Whe.i it had been rendered against
him, he was liable under it, to be sent. The En
rolling Officer was then doubly armed with au
thority to send him. He then sued out a icrtt of
certiorari to the Superior Court, to carry the case
into that Court and to ask of it \yhat he had failed
to get in the Inferior Court, namely, a judgment
iii bif favor.* 1 nt what is the effect of this lent of
certiorari 1 It is not judgment for or against him.
It simply carries the case into the higher Court.
But it nwy be said the icr'st of certiorari when’
legally sued out supersedes the judgment of the
Court below. Grant it; and where does it leave
the militiaman ? It leaves him precisely where
ikfonnd him befote the judgment was rendered—
in the hands of the Enrolling Officer with all the
legal presumptions against him which existed be
fore the judgment was rendered, or the case
brought into Court. He must therefore remain in
the military service, where the Inferior Court
found him. until he can find some Court that will
decide in his favor—that is, that he is improperly
hold, and is entitled to be discharged. No legal
or Constitutional right of his is violated by holding
him in service until he can find a Court that will
decide that he is entitled to a discharge. A writ
superseding h judgment rendered against him
while in legal custody cannot surely operate as a
judgment relieving him from custody. He may
STATE OF GEORGIA. )
Adjutant & Inspkcior Generals Office, >
Milledgeville, Sept. 27tb, 1864 )
General Orders, ?
No 28. S
Georgians! your families and homes are now
open to the ruthless raiders of the enemy, and
your liberties hopelessly endangered, unless every
mau in the State capable of rendering ahy kind
of service, comes out and does bis duty. Some
are required at the front. Others have duties to
perforin "elsewhere. But whether at the front or
in the rear, every tnan must now come forth cheer
fully and willingly, and do what l.e has to do
with all liis energy and ability.
As one measure of safety, a committee of re
spectable citizens of Hancock county, have re
commended to the Governor, “to call on every
able bodied white.male resident iu .the State, be
tween the ages of 50 and 60, to organize them
selves forthwith into Companies of Mounted In
fiintry, or Infantry, for the purpose of repelling
raids in their own or contiguous Comities, and
that all able bodied men who refuse or fail to join
snch organizations, and drill regularly, shall be
reported by the Officers, and sent to the front; and
that all others, exempts, (Civil Officers included)
be requested to unite with such organizations:
and also boys under 16 years of age, with their
patents’ consent.”
Approving ot this recommendation of the pa
triotic citizens of Haricock, and believing that if
carried out earnestly, and in good faith, tlie^jilun-
dering expeditions of the enemy may be checked,
if not altogether defeated, the Governor directs
the able bodied men of the State to organize
themselves as above, and requires the Officers to
send to the front every one who refuses or tails to
join the organization of his County. The Com
panies will be formed under the direction of the
Aides de-Camp of the Military Districts, who will
see that proper rolls of each Company are.for-
warded to this Office, and that the purposes of the
organization, so far as relates to the exercises and
discipline necessary to make it effective, are en
forced. The members of the Companies, more
over. will not relax their duties as Policemen, or
in the arrest of deserters, laggards and skulkers,
but will use every exertion to send them forward
To the field for active service.
fiy order of the Commander in-Chief r
HENRY C. WAYNE.
19 2t- Adj. & Ins General.
kye whiskey?
QQGaJlonsof fine Ry ? Whiskey. f ’ r .
Sept. 17th, 1861. RIGHT * bROVV^
f pwO months —
J made to the ho Rora , ()e j? e
Jones eounty, for leave to .-.n 0 ."/* ,°^ ° rd inarv ?/
gro woman, belonging t^he" the ,8nd «*>■' - *
Blow, deceased, for The Dl * estat ® of Ja„, f . s !'
Purpose of a dlvi sion ^
Sept. 23rd. 1661’
But in all cases of indigent soldigrs’ families*j-carry liis rase up from Court to Court until he
found in the comity, who have come in there from
other counties which have drawn thg fund appro
priated for relief of indigent soldiers’ families tor
them, the Court in making out their return to you
as above required, should designate all such re
fugee or exiled families, stating from what coun
ty-each came. Where this flrdone, the six dol
lars for each half bushel of salt sold to each of
such refugee or exiled indigent soldiers’ family,
will be paid out of the relief fund apportioned to
the oountv from which the family came, and not
roaches the highest Judicial Tribunal, but in tlie
mean tim-’, be' remains in the hands of the Mili
tary authorities w"here the first Court, found him,
until souin- Court shall decide that lie lias a right
to be released.
As an illustration, suppose a soldier in the reg
ular army who has enlisted for three years, and
served two. should sue out his writ of habeas car
pus in the Inferior Court and it should decide a-
gainst him, and he should carry the case to ^he
Superior Court by certiorari. or from the Superior
out of the fund of the county which the family to the Supreme Court by-Bill of Exceptions : will
We have two enemies
to contend with in the Valiev, one of whom has never
been beaten since Noah drank too much wine and lay-
in his tent. These enemies are the Federal army
and John Barley Corn. Sheridan has been largely
reinforced, and the Valley is running with apple bran
dy. JI ere is the key to our reverses. Officers of high
position—yes, of very high .position—have, to use an
honest English word, been drunk—too drunk to com
mand themselves, much less an army, a division, a
brigade, or a. regiment. And, where officers in high
command are in the habit of drinking to excess, we
may be sure their pernicious example will be followed
by those of lower grades.
Shull 1 call names ? Not now. The names arc
known to the authorities, and shrJl be to the country,
unless tlier- be. a speedy reformation. Let us wait
a little to see whether the* guilty parties will not reform
their habits, and especially whether the President,
Secretary of War, Gen. Lee and Gen. Bragg will take
hold of tiiese men and punish them as they deserve.—
Just think of a drunken mau iu command of a body of
men iu battle!”
Grant has been defeated, more Ilian once, by tbe
help of John Barley Corn. We are sorry to see the
same spirit taking hold of our Armies. If officers,
high in position, get drunk, how can we expect any
thing but defeat ?
riPGen. Hardee has been relieved of his command
in the Army of Tennessee, at his own request., and
sent tijJL'hnrleston. We are very sorry of it.
Fremont withdraws from tiic field es a candidate
for the Presidency, and will vote for Lincoln, not be
cause he thinks Lincoln fit for the offiee,"but as he
snvs, to defeat the Democratic candidate. What an
admission'
l<ively lime* nhrail.
Northern accounts state that Andy Johnson is de
termined that there shall be no McClellan ticket in
Tennessee. If “littleMac” is the man we think he is,
and the Soldiers ns much attached to him as they are
said to be, there will be bloody work before the elec
tiou iu November, among the clans ofthe North.
The
Hairier nt liberty
Gen. Stoneman passed up the road a few days ago
to be exchanged for Gen. Govan. As Sherman was
■o anxious to get St< neman, as to mention him hy
name as one of the officers he desired to he exchanged,
it may be supposed that he lias immediate use for the
hero of “Sunshine Church ” He will have plenty work
in hand, cut out for liiin by Forrest, when begets hack
to Sherman.
Concert at Seven’s Hall.
There will be a Concert given at Newell’sHall,
on Thursday night next, tinder the direction of
Mrs. Dr. Mitchell, and Mrs. Moffatt, for the bene
fit of tbe exiles from Atlanta.
( hc4tond to Pcncr.
There isbnt on» road that leads certainly to peace—
(hat runs over the columns of the enemy. Gen's John
ston, Beauregard, Lee, ’I uylor, and their brave subor
dinate officers and privates have been working on thjs
road by land, assisted by Seimnes on the water, for
three years. The road has been nearly finished. A
little more hard work, in the nej^wo months, and the
glorious enterprise is accomplisltcd. Wliat has pro
duced a peace party at the North ? The heavy blows
struck the enemy, by land and water, for more than
throe years. What wasittliat stunned the peace par
ty at the North, just after the Chicago Convention, and
put McClellan on the Bur platform ? The success oy
Sherman at Atlanta. What will defeat Lincoln in the
election on the 1st Tuesday in November next ? The
defeat of Grant in his next move against Richmond,
and thp expulsion of Sherman from Atlanta. One de
cided eaccess, over these. Generals ofihe enemy,before
the election, and peace men will multiply ut the North
tauter than they can be counted. If we whip the cue
my
.we make peace men out of them. If they whip
u*their voice is still for war. —
nut] Silimlr.
Artemna \\ ard has u happy facully of blending
light and shade Speakings the lmi * emell( at th "
North, among the ladies, todUiomtenunce the use or
foregn fabric*, he says ho don’t mtend to nicJ(lle witl J
bia wife « dressing, it she wants to, she may wear “mus-
lin from Greenland’s icy mountains, and bomha 2 i lie
from India's coral strand,” and it’s all the same to
bin*
, tiood nevs from Richmond.
Dispatches from Richmond under date of Oct.
1st. state that Genl. Heth attacked the enemy
who had broken a portion of our line, on the
Squirrel Level road, capturing 400 prisoners, and
punishing the enemy severely. In several other
engagements between our forces and Burnside’s
Army, tbe enemy lost hoavijy in prisoners and
killed and wounded. Altogether . we captured
over 2,000 prisoners, with mau/ officers. In the
fight near Petersburg on the 31st ult., our general
officers say that the slaughter of the enemy was
only surpassed by that of Spottsylvania C. II.
Our loss comparatively small. Genl. Hampton
did good service.
Prom the Valley wo learn that there is no ene
my South of North River. The indications are that
the last move for Richmond has begun in earn
est. The enemy are now fighting for position.
Geul. Beauregard and President Davis
were ill Augusta on .Sunday last.
Army New*. A-e.
Gen. Price lias entered Missouri with a large
Army. The Federal General Sheridan, had ad
vanced his forcei^as far up tbe valley as Staunton,
at the latest accounts. We get nothing from
Hood's Army, more than that it is in fine spirits
aud ready for active work. Tbe enemy ney Pe
tersburg are active, and have taken several im
portant positions from us west of the Weldon
Road. The last grand move against Richmond
will epen m earnest in a few days.
Gold at the North has declined to 193. The
Yankees are jubilant over their prospects, and are
boasting of what they have done, and will do
“Pride goetb before a fall.”
IS' Geuls. Lchcfls and Vaughn have been whip
ping tbe enemy in East Tennessee. Generals
Cosby aud Duke routed them,aud drove them in
tbe direction of Jonesboro.
Important Document*.
We invite the reader's attention to tjie letter of Gen-
end Wayne to Col. I’ottle, and “General Orders No
2V’
Gen. Lonostkeet.—We are glad to know that
Lt. Gen. JLongstreet has resumed command of
hil old corps.
may be found wlieu the report is made
So soon as tbe Justices of each county shall
have made their report, and have sent you six
dollars for each family reported as entitled, you
will furnish them one half bushel of salt of twen
ty-five pounds, for each soldiers-’ family so report
ed in the county: and the aggregate quantity
going to each county, you will ship, at the ex
pense of the county, to such railroad depot in the
State, not in possession of, or in imminent danger
of being taken by the enemy, which the respect
ive Courts may designate—or, if so requested by
the Justices, you may deliver the salt, from tbe
State’s store house, to such agent or carrier as
they may authorize to receive and convey *t to
the comity to which it belongs.
On account of the great increase iu the cost of
every tiling used in the manufacture of salt, in
cluding the increased cost and difficulties of trans
portation, and, .from the further fact that the
bushel of fifty pounds, at the works, will lose
several pounds by drippage and other waste, be-
before it reaches the consumer, the half bnshd
of twenty-five pounds cannot be delivered to tlie
consumer for a less sum than that above mention
ed. When I caused the first distribution of salt
to soldiers’families to be made, I adopted the rule
of deducting from the half bushel the usual wast
age from the place of manufacture to place of de
livery : but I found that there was much com
plaint that the Courts, in distributing, did not al-
ways give each family an equal quantity. I
think it best, therefore, to fix the price at such
sum n.s will enable the State to low the wastage,
and deliver to each family the full half bushel of
twenty-five ponnds. This plan was tried last
year, and was found to secure equality. As most
of the drippage and wastage will have oceurre'd
before the salt leaves the store huuse, you will
carefully weigh before shipping it to each county,
so that you cau detect any unfairness, should any
be attempted in any county.
The Court may pay you for the salt out of tbe
relief fund of the couDty ; (except for that to re-‘
fugee or exiled families in the county, which will
be paid for out of the fr.nl apportioned to the
county which drew the fund for such families, as
above staled) and they will deliver to e*ch family
which is entitled to relief tinder the act known as
the aet fertile relief of indigent soldiers’ families,
one-half bushel of twenty-five pounds, as part of the
relief due each; and they will sell to each family
of a soldier inhabiting the county, not entitled to
relief under said aet, one-lialf bushel of liceiity ficr.
pounds, for six dollars and the actual cost of
•freight from the place of shipment to the plaoe
of delivery. Each Court will be required to re
turn the emply sacks to you before another dis
tribution will be made to the county.
As you have heretofore done, you will supply
each epunty in the order in which it makes its’re-
port to you and pays the money. As .all may
probably not be supplied at once, out of the quan
tity now on band, but may have to wait until
more can be procured by the State, and as I am
unwilling to discriminate among ^the counties, I
know of no fairer way that can be made practica
ble, than the rule “first come first served-,” hence
I adopt it .
The reports can soon be made if the Courts in
the respective counties will, of aii early day, call
to their assistance citizens of known integrity and
energy of each militia district in the county.
That the people may have notice of this order,
and may hold the Justices of the Inferior Court
responsible in case of neglect of duty in tins re
gard, yoq will publish it anc} send a copy imme
diately to the Clerk of the Superior Court' in
each county, with a request that he post it up in
a conspicuous place oil the Court house door, or
other most public place in the county.
Tendering you my thanks for the prompt and
efficient manner in which you have constantly
discharged the duties of jour responsible position.
J[ am, very respectfully. &c ,
JOSEPH E. BROWN.
I any lawyer contend ihat this entitles him to be dis
| charged from the service and set at liberty pen-
j ding'tbe litigation when all tlie judgments that
! h ive been rendered in the case are against him ?
if this be tlie law. Genera! Lee’s whole Army may
be legally disbanded any day, when eacli soldier
in it iriuy sue out a habeas carpus and get a judg
ment of an Inferior Court against his right, to be
discharged, and then enter an appeal to .a higher
Court. The whole Militia of Georgia may be dis
charged in the same way, when no C urt, in the
State has decided in favor of a single One of them,
but when a decision has been made, in the Court
of his own choice, against each and every one of
them. The principle may have been against them
even in the Supreme Court, and still they may,
if this be law.be all discharged for years.
For instance, one of the Militia mav sue ont his
writ of habeas carpus claiming his dbch irge on the
ground, that, the Actof the Legislature under which
he is held is unconstitutional. This case may go
to the Supreme Court and the judgment may be
tendered against him. This judgment would be
binding on all the Courts below. But each Mil
itiaman of the State might immediately sue out
his writ in the Inferior Court on the same ground,
and wliyn the Court ruled against him carry the
case up to the Supreme Court, claiming a right to
have a judgment of the Supreme Court on the
question in his individual case; and in the mean
time he would be entitled to his discharge from
military service while the case was going up from
Court to Court by simply paying the cost of an
appeal from each Court, successively, to the one
above it. This would be. probably, the cheapest
legal mode yet discovered of keeping oufc of
service. Such a positiou will stand neither the
test of legal investigation nor of common sense,
and is almost too absurd for serious argu
ment.
The Governor holds, therefore, that the person
in question, and all others who come withiu the
age and description mentioned in the Statute, are
liable to military duty until they can show that
they fall within some rule of exemption which ex-
empts them from seryice, and that even then, it is
tlie duty of officers to hold them and cernpel them
to do service until some Court of competent ju
risdiction has decided (hat they are entitled to be
discharged.
In conformity with this rule, you and all other
Officers of the Mate are instructed to send forward
to their respective commands all parties who have
sued out writs of habeas carpus, and have failed to
get judgments in their favor. And the Governor
wders that they may be held to service until some
Cuutt of competent jurisdiction may decide, not
in conflict with tbe judgment of a higher Court,
that they are entitled to a discharge—when they
will be discharged.
Iu examining questions of this character it is
necessary to bear constantly in mind that by th«
same legislative authority anti decree, in this coun
try, the duties of tbe citizen soldier are twofold,
cue as a civilian, tbe other as a soldier; that milita
ry law begins where the civil code ends, and that
in determining the obligations of a militiaman the
constructions of military laws are not to be over
looked. They .cannot come in collison with the
<as»Laju'iLi'xsf <*A.5ja-i3r
Lieut. B. F. Persons, of company G, ‘Itli Ga., Reg’t.
died in the Hospital at Washington City,from tlie effects
of a wound received on the 12th of July last, in the
battle fought near that place by our forces under Gen.
Early.
News of the death of this gallant young officer by
hfc soldier friends, was received witli universal sadness
und regret. No circumstance could well have cast a
deeper gloom over the small survivors of the -‘Glorcr
Guards,” once a large company, than the intelligence
of^lds death. Early in the present revolution, he left
the comforts of Ins Jasper home, to battle for liis coun
try. He had been previously wounded at the hard
fought, fifties at Sharpsburg and Gettysburg, and his
friend* i^-.flndulgcdthe hope, lhathe wouldlive to en
joy the blessings of free government, but alas! how
sadly are we disappointed. But a-Jew weeks ago,
full of hope and enthosiasm.'tie nfiirehed at the head of
his company to battle. Now he fills ft soldier’s grave!
What a thought ! He was brave and generous—of
easy and engaging manners—of quiet and diguified
deportment, and with a firm and indomitable will. We
loved him as an officer, and were proud of him as a
soldier. Farewell dear Persons—we part to meet no
more on earth, but when the carnage of war shall have
passed away, and your friends are called to the land of
spirits, may you and they form a happy union which
shall be everlasting.
J. S. B. of tbe 4th, Ga. .
State and County Tax.
civil code, as they operate in different spheres ;
"the writ of habeas corpus guar-
and the privilege of
anteed by the Constitution, intended solely to pro
tect the individual from unjust attacks upon his
liberty, is t li e delicate balance by which his obli
gations to the State are weighed, should a doubt
arise as to the right of the State to exact military
service from him.
By order of the Governor.
HENRY C. WAYNE,
Adj. & Ins. General.
• STATE OF GEORGIA. 1
Aiij’t. & Inspector Genl’s. Office. >
'Milledgeville Sept. 28th, 1864. )
Col. E. II. Pottle, A. D. C. li'arrenton:
Colonel: I have received your letter of the
23<i instant, in relation to the cases of habeas cor
pus in Columbia county, in which you acted for
the State as Attorney at the request of Captain
Lampkiifi and have advised with the Governor
fully on dll the points presented in it.
The poiDt, that the petition from the Inferior
Court to "the Superior should be controlled by-
paragraph 3958 of the Code, is not. in the opinion
of the Governor, material to the main issue pre
sented, and he therefore passes over it.
With regard to the esse of Mr. John T. Berry,
or Gerry (an accidental blot obscures the first let
ter and makes it doubtful,) who sued ont a writ of
certiorari and claims that peuding the decision on
his appeal, the military power cannot hold him,
aud that an attempt to do so will be prosecuted as
an act. of false imprisonment. I am instructed b}'
the Governor to send him forward to Macon when
the turlough of the 1st Division of the Militia un
der command of Major General 'Smith shall ex
pire.
In giving me this order. His Excellency vio
lates no law ofthe land, overrides no lawtul man*
date, precept, or judgment of any Court, nor does
be deny to the party any legal right. Tbe Coarts
are open to him and to every other citizen of the
State; and aDy judgment rendered in his favor
by any Court of competent jurisdiction, if not in
open conflict with the ruling of a Court of higher
authority, will be respected by the Governor, no
matter what may be his opinion of its correct
ness, until set aside by proper judicial decision.
The act to re-organize the Militia of this State
declares all persona between certain ages (except
auc£ as are declared exempt by the statute) to be
aobject to militia duty. It further declares that
any ruilitiamau ordered into active service by tlie
Governor who (hall fail or refuse after due notice,
Messrs. Editors :—As a vacancy in the Senate
of Georgia lias occurred in the District composed
of Putnam, Jasper and Morgan, by the death of
the Hon. Mr. Adam3, and as it is important in
this dark liour^ of adversity that the people call
j to the public councils men of known integrity, as
well ns of ability aud practical statesmanship, I
respectfully suggest the name of Hon. Joshua
Hill of Morgan as the proper man to fill the va
cancy. lie possesses not only unsullied personal
character, but a high order of ability and f nlarg-
ed experience. Probably no man in his District
and but few in the State are his equal. Let us
then lay aside all past party strife and send to the
Senate the man who can render tlie most service.
JASPER.
VnnbecRaid on iT(ari>inna, Fin.
Private Dispatches.
Columbia, Ala., Sept. 30.—The enemy’s raiders, said
to be commanded by Gen. Ashley, burnt the Episcopal
church, the hospitals, commissary department build
ings, drug store, and some other bnildingsnt Marianna,
Fla Over fifty of tlie militia and citizens were cap
tured and .taken off. Three to five hundred negroes,
horses and other moveable property Were carried off
by tlie enemy, who retired Westward on Wedmaiay.
We lost at Marianna six killed and seven wounded as
fir as heard from. The enemy’s loss was larger. Gen.
Ashley is said to be* wounded. The enemy were re
ported nearCampbellton Fla., yesterday.
T HE TAX PAYERS, of Baldwin county who have
not paid tlicir tax will come forward mid settle tlie
same by the first day of November next,as I tf hull close
my bouk at that time..
L. N. CALLAWAY,
Tax Collector.
October 1st, 18G4. 19 3t.
GEORGIA, Baldwin county.
T WO MONTHS after-date hereof, to wit; on the
first Monday in December next, I shall apply to
the Court of Ordinary of Baldwin county for leave to
sell the laud and negroes of Louisa Anderson, late of
said county deceased, for benefit of creditors and dis
tributees.
LUCY" ANN GIBSON, Adinr’x.
October IsL 18G4. 19 9t
GEORGIA, Baldwin county.
A LL PERSONS, having demands against Louisa
Anderson, late of said county deceased, are here
by notified to present them tothe undersigned, proper
ly attested, within the time prescribed by law. And
all persons indebted to said deceased are required to
make payment to the same.
LUCY ANN GIBSON Adinr’x.
October 1st, 18G4. 19 6t
LOST
O NE SCRIPT for 4 per cent. Bouds Confederate
States for $100. issued by W. B. Johnston March
28th 1864; at the Depository Macon Ga.
All are warned not to trade for the same, as applica
tion will be made for the Duplicate of the same at
said depository.
R. F. DsLAMAR.
October 4th, 18G4. Pd $5. 19 ot
LOST!
On Monday morning 2Gth, inrt., by a lady, on the
Clinton road, between my house and Milledgeville,
a dark colored leather bag, containing $2?0 in Georgia
Sixes, all ten dollar bills ; $7 50 in gold; about $50 in
bills on tlie Planter’s and other Bauks of Georgia; one
Confederate $5 bill, a rfeine for curing sore throat;
3 pocket handkerchiefs, and a letter addressed to me.
Tlie finder, by returning said bag and its contents to
Mr. Wm. II.. Scott of Milledgeville, will receive the
thanks of, and be liberally rewarded by, Uie undersign
ed-
MARK JOHNSTON.
Milledgeville, Sept. 27th, 1864. • 19 lt.
Terms on the day of s«K
"ILLUM BLOW. p.
l&'ttt
GEORGIA, Jasper County — ,
W HEREAS, Elizabeth \\\-
tion to me for letters cf », m ? , es a Pp!ic*.
the estate of James D. S Wonf i “ i,D ' s * r *ri°n o n
ty, deceased. e °‘ 8 »idconn.
These are theiefore to cite ,
#nd singular the kiYidred and cref^ at,m °nish ail
ceased, to be and appear at my O tj i ori ' of said de-
Monday in November next, to *ho\A J’ n *ke firs*,
they have, why letters shall not a »y
applicant in terms of the statute. to the
Given under my hand officially. this2' f
1864.
18 5t
M. H.
^t v
HUTCHISON, OrdV
GEORGIA, Bulloch County.
To all whom it may eonnrn.
W HEREAS. Janies W. Moore anffTBlizi^
Grooms applies to me for letters of JuBauv.,.
traticn on the estate of George Grooms, lat» t -
said county, deceased.
These are therefore to cite and admonish £
and singular the kindred and creditors of sai c
deceased, to file their objections, it any they have,
in my office on or before the first Monday in No
veniber next, otherwise said letters will be grants
said applicants.
Given under my hand in officially, this 20th
day of Sept., 1864.
18 5t DAVID BEASLEY. Ord>.
GEORGIA, Pulaski County.
W HEREAS, John J. Hamilton applies to m e
for letters of administration on ihe estate of
Irwin B. Hamilton, late of said county, deceased.
These are therefore to cite and admonish all
and singular the next of kin and creditors to be
aud appear at my office on or before the first Mon-
day in November next, and show causc, if any
they esn, why letters of administration should
not be granted the applicant in terms ot the stat
ute. •
Given under my band and seal of office tliij
the 19th day of September, 1864.
* 185t JOHN J. SPARROW. Ord’y.
SALT FOR FLOUR.
5,000
17 3t.
LBS. OF SALT TO EXCHANGE
FOR FLOUR, BY
WRIGHT & BROWN.
BOTTLES! BOTTLES!!
/"Xyr^T and Pint Bottles, wanted in any quan.
lilies, by
J 7 3t. WRIGHT & BROWN.
S IXTY DAYS from date application will be made
to the court of Ordinary of Pierce county for an
order for leave to sell all the lands belonging to tliet».
tate of Daniel J. Stone late of said county deceased
JOHN STRICKLAND, AJm r.
Sept. 5th, 18G4. ' (h. \v. a.) Pd 8.00 J7
Notice to Debtors and Creditors.
GEORGIA, Pierce County.
A LL persons indebted f# the estate ot Daniel J;
Stone, late of Pierce county deceased, gre
hereby requested to make immediate payment,
and all persons having demands against said
estate, will render them in duly authenticated
within the time required by law
N ST“ ~
JOHI
Sept. 9th, 1864
RICKLAND, Adm’r.
Paid. 16 fit.
Administratrix Sale.
B 1
Y virture of an order of the Court of Ordinal v of
Baker county, will be sold, on the first Monday
in October 1864, ut tlie Court Hoasc door in said coun
ty, between the legal hours of sale, Philip a mar 27
years old and William a boy 9 years old. Sold as the
property of Etiaabetli Dafemiwi, dec’d., for lio. Ltwrtt
ofthe heirs and creditors of said dec’d. ’m iu «i t Trfl
MARTHA J. DUNLAP, Admr’x
August lGth, 1864. tfftds.
Administrator's Sale.
P URSUANT to an order of the Court of Or
dinary of Twiggs county, will be sold before
the Court House door in Marion, said county,
within sale hours, at. public outcry, on the first
Tuesday in NOVEMBER next, the following
real estate belonging to the estate ot Mis. Geor
gia A. Evans, late of said county, deceased, to-
wit; The Tavern !ot and lots adjoining the same,
together with stable lot. end other lots, {lying and
and being in said Town oi-Marion. Tbehouseis
commodious and fitly constructed for its purpoie,
and it* properly supplied for company, would
warrant a handsome support for a small family.
Terms of sale on the day.
H. M. LOYLESS, Admr,
By TJ. A. Rice, Att’y. in fact.
September 12th, 1864. [c s] 17 tds
QF* Journal & Messenger please publish
above iu terms of law, and present account for
payment.
Notice to Debtors and Creditors.
A LL persons having demands against C. H.
Midleton, deceased, late of Appling county,
are hereby notified and required to piesent them
properly attested to the undersigued within tbs
time prescribed hy law, and all persons indebted
to said deceased, are hereby required to mak6 im
mediate payment to the undersigned
JOHN W. HARRIS, Adm’r.
Sept. 22, 1864. Pd $6 19 6t
Administrator’s Sale.
B Y virtue of an order of the court of ordinary,
of Pierce county, will be sold on the first
Monday in December 1864, at the Court House
doer, in said county, between the legal hours of
sale, one lot of land No. (57,) in the yth, district
of origanslly Ware, now Pierce county, sold as
the property of James R. Thomas, late of Pierce
county deceased, for the benefit ot the heirs and
creditors, of said deed. Terms made known on the
day of sale. BANNER THOMAS, Adm r.
Sept. 8tb, 1864. Paid. * 16 tds.
Pulaski Postponed Sheriff Sale.
W ILL be sold before the court- house door in
the town of Hawkinsville, on the first Tuts-
esdsv in October next, the following property to
GEORGIA, Twiggs County.
W HEREAS, John Oneal, Guardian Of Lucin
da Collins, applies to, me for letters of dis
mission from liis Guardianship
These are therefore to cite ail parties interested,
to be and appear at my office on or before the first
Monday in November next, to file their objec
tions. if any they have, why said letters dismis-
sory shall not be gianted.
Given under my hand and official signature.
Sept. 14, 1364.
19 fit J. E. MCDONALD, Ord y.
GEORGIA Twiggs aounty.
W HEREAS, Ridley Awn Cranford applies to
me for letters of administration with the
will annexed on the estate of Benjamin Cranford
deceased (said Cranford Oaring nominated no
executor in his will.)
These are therefore to cite and admonish the
kindred and creditors of said deceased to be and
appear at my "office e-before the first Monday
in November next then ami there to show cause
why said letters should not be granted.
Given under my hand and official signature at
Mariou, September 14th, 1864.
18 5t J. 2. MCDONALD, Ord’y.
’ Georgia Front.—We learn from authority
that we deem reliable that an important change
lias taken place in the positiou of our army. We
deem it not politic to mention its situation, but suf
fice it to say that its position will necessitate ac
tive movements among the Federais
[ Telegraph Confederate.
Postponed Admsnistrator's Sale.
W ILL BE SOLD in the town of Camilla Mitchell
county on the first (Tuesday in November next
within the usual hours of sale the following property
belonging to the estate of B. P. Bostick late of said
county deceased to wit. Rachel a woman about 40
years of aee.sold for distribution. Term* oasli.
3 It. D. FAIRCLOTII, Adm’r.
September 2Jet 1864, Pd $8. , 19 tds.
BACON.
J Ann lbs - of clear Bac0n Sides for sale by
J- UvFU WRIGHT & BROWN, 3
Sept. 27th, 1864.
18 3t
GEORGIA, Pulaski County.
HERE AS, Lotta Usd well, Administratrix
y ▼ ot Martin Cadwell, deceased, applies to,
me for letters ot dismission from said administra
tion.
These are therefore to cite and admonish all
persons interested to file their objections, if any
they have, within the time prescribed by U«r,wh
letters of dismission should not be granted the
said Lotta Cadwell, otherwise they will isane in
terns of the statute.
Given under my hand and official signature
this the 5tb day of September, 1864.
16 mflm JOHN J. SPARROW, Ord’y.
One negra woman, about 40 years old, also ons
negro man Sam, about 24 years old, also a bov,
about 9 years old, also Ashley, a boy about 2 years
old, also one boy. about2 mouths old. said prop
erty levied upon as the property of N. N. Harreil,
to satisfy sundry Fifas issued from the Superior
cours ot Pnlaski county.
. JAS' M. BUCHAN, Kept, sberi#*
Aguust 15.1864. —a* tds.
Notice to Debtors and Creditors.
A LL persona hayipg demands against the es
tate of Z. L. Davis are requested to h»mi
them in duly authenticated, and all those indebt
ed to said estato are requested to come forward
and settle at once.
. L. L. HARRELL. Adiwh-^.
of Z. L. Davis, dec'd^
Hawkinsville, Ga., Sept. 5th, 1654. j j s lofit
ESTRAY SALE.
W ILL be >old on the first Tuesday in October
next, within the usual hours of sale, in tbe
town ot Monticello. “Jasper county,.” one red svi
white cow-, horna sawed off, at points, under-bit
and crop ie the left ear, and under slope in the
right ear, about ten or twelve years old, snd »*!•
ued at one hundred dollars.
B. T. DIGBY, Dept. Blieriff-
August 20th 1864. 14 tds-
NEGROES FOR SAL£
T HE undersigned has two likely nigro wowofi
for 8ele. Julia, 22 years old, good housesec
▼aot. washer and inner, and can spin and we*
well; Delia 30 or 32 years old, good cook. w**j
• n^ irATt*r elan SMwwl ItMt.e -—♦ both'
and irocer, also good house servant,
women were raised at a hotel. . >I>-
ZACK Jf^&tf.
Milledgeville July 6th 1864. ——T
—"Ui .
T WO months after date nppljfof Pulaski
qoade to the Coort of Ordi^-.far exp ra ‘
wocty, Ga ,at thafirst regular^. . f 0I \rave to
tran of two months from tb;/ n0 “5l' 0 f Counc* 1 '
monina from thir-'’ - 0 r count**
sell the Laid belonging to *** ** <^ (or tb«
lor Mauldin, late of said eonffiy * de 5 A.eease**
benefit of tbo
Ang. 1st, 1864
its of said eonffiy > “ e . jjj flece*^
heirs and creditor* p a dm'*-
TUCKER MALLDI 5 - * n 9tt
f . / . ^