Newspaper Page Text
4
The iyn&cripi Law. j
Correspondence between Gerernor
ISronii) ot 4-eorgia, and President
Davit.
LETTER FROM GOVERNOR BROWN'.
liXitCUTXVB Df l’A-KTAIRN r. i
Milledgeville, Ga., Mu 8, 1563 (
Dear dir :—I have the honor to acknowledge
the. receipt of your favor of the 2Sch ult., iu re
ply to ray letter to you upon the subject ol the
Conscript Act. I should not trouble you with
a reply, were it- not that principles are involved
ol the most vital character, upon the mainte
nance ot which, in ray opinion,depend not only
the rights and sovereignty ot the States, but
the very existence ot State Government.
While I am always happy as au individual to
render you any assistance in ray power, in the
discharge ot the laborious aud responsible
duties assigned you, and while i am satisfied
you will bear testimony that X have never,
the Executive of this S ate, tailed m a single
instance to lurnish all the meu, and mi
you have called tor, and to ass.st you Jdh mi
the other means at my a* turn and, h( h - 13
sent to commit the State to “sovereltrntv
in my judgment subversive . . lo.'snn
and aL war with all the principles tor the sup
port of which Georgia entered into this revo
-lUl‘i°mav be said that it is no time to discuss
-onstitutiohal questions in the midst of revolu
tion and that State rights and State sovereign
ty mast yield for a time to !he higher law of
necessity ! it this is a sale principle of action,
it cannot certainly apply till the necessity is
shown to exist; and I apprehend it would be a
dangerous policy to adopt, were we to admit
thaUhose who are to exercise the power of
getting aside the Constitution, are to be the
judges of the necessity for so doing. But did
the uecessiiy exist in this case ? The Conscrip
tion Act cannot aid the Government in increas
ing its supply of arms or provisions, bnt can
only snaftie it to call a larger number of men
into the field. The difficulty has never been to
get meu. The States have already furnished
the Government more than it can arm, and
have from their o vn means armed and equip
ped very large numbers for it. Georgia has not
oily furnished mote than you have asked, and
armed and equipped, from her own treasury, a
large proportion of those she has sent to the
field, but she stood ready to furnish promptly
tier quota (organized as toe Uonsutu
Uon provides) of any additional number called
for by the President.
I beg leave again to invite your attention to
the constitutional question involved. You say
in your letter, that the constitutionality of tile
act is clearly not derivable from the pow ,r to
call out the militia, bu from that to raise
armies. Let ns examine this fora moment.—
The 8:h section of the Ist article of the Consti
tution defines the power of Congress. The 12 h
paragraph of that section declares, that Con
gress "shall have power 10 raise and support
armies.” Paragraph 15 gives Congress power
toprovideforcailiiigloii.il the mfiria to ex
ecute the laws ol the Confederate States, -rip
press ins iiructions, ami repel invasions. Para
graph 16 gives Congress power to provide for
organizing, arming aaddisciplining the militia,
and for governing such part ot them as may be
employed in the service of the. Confederate
States, reserving to the States reapecliv, ly the
appointment ol the officers and the authority of
training the militia, according to the discipline
prescribe<tby Congress
These grants ot power all relate to the same
subject matter, and are all contained in the same
section of the Constitution, and by awell known
rule o; const ruction, must be taken as a whole
and c nstrued together
It would scciu quite clear, that, by the grant
of power by Congress to m-c and support ar
mies, without qualification, the framers of the
Constitution intended the reg tlai armies of the
Confederacy, and not armies c imposed of the
whole militia ot ail the States. If all the power
given in the three paragraphs above quoted, is
in fact embraced ia the first* in the general
words to raise armies, then the other two para
graphs are mere suTplusage, and the framers of
the Constitution were guilty of the folly of iu
corporuling iuto the instrument, unmeaning
phrases. When the States, by the lfiui par -
gr.iDh, expressly and ifltrcfully reserved to |
themselves the right to appo nt the officers of
the militia, when employed io the service ot
the Confederate States, ii was certainly never
contemplated that Congress had power, should
It become necessary to call the whole militia of
tne Slate into the service of the .Confederacy,
to direct that the President should appoint
(commission) all the officers of the militia thus
cdled into service, under the general language
contaimd in the previous grant of power to
raise armies. If this can he done, the very ob
ject ot the State in reserving the power ot ap
pointing the officers, is defeated, and that por
tion of the Constitution is not only a uuliity,
but the whole military power of the States* and
the entire control of the militia, with the ap
pointment of the officers. Is vested in the Con
federate government, when it chooses to cill
its own action " raising an army,” and not
“calling lor the militia.” Is it fair to conclude
that the States intended tint these resetved
powers should he defeated in a matter so vital
to constitutional liberty, hy a mere change in
the use of terms to designate Urn act * Con
gress shall have power to raise armies. IloW
shall it be done ? The answer is clear. In con
forraity to tho provisions of the Constitution,
which expressly provides, that when the militia
of the States are called fortti to repel invasion,
and employed in the servi'-e of the Confederate
States (which is now the ease,) the States shall
appoint tho officers. It this is done, tho army
is raised as directed hy the Constitution, and
tho reserved rights ol the States are respected ;
but if the officers of the militia, when fallen
forth, are appointed hy the President, the army
composed of the militia is not raised as directed
hy tho Constitution, and the reserved rights ol
the States are disregarded. The fathers of the
Republic In 1737 showed the utmost solicitude,
on this very point. lu tho discussion in the
Convention on the adoption ol tho paragraph
in tho Constitution ol the United States, which
we have copied and adopted without alteration,
Mr 1 . Ellsworth said : “The whole authority over
the militia ought by no means to be taken away
from tho Stall s, whose consequence would pun
away to nothing after such a sacrifice ot power ”
lu explanation of tin? power which the commit
tee, who repotted this paragraph to tho Con
vention, intended hy it to delegate to the Gen
eral Government, when the militia should be
employed ip the service of the government,
Mr. Kmg, a member of the committee, said:
“By organizing, the committee meant propor
tioning the officers and men p hy arming, the
kind, size and calibre of arms ; hy disciplining,
prescribing the manual exorcise, evolutions,
&e."
Mr Gerry objected to tho delegation of the
power, even witn ill's explanation, and said:
“This power in the United Slates, as explained,
is making the States drill sergeants, lie had as
lief let cnizeus ot Massachussetls be disarmed,
as to take the command from the States, ami
subject them to the General Legislature.
Mr. Madison observed, that “arming, as ex
plained, did not extend to furnishing arms,
nor the term disciplining, to penalties and
court martial lor enforcing them ”
Alter the adoption of the Convention of Ibe
drat part of the clause, Mr. Madison moved to
amend the next (cut ot u, so as to read “re
serving to the States respectively the appoint
ment ot thoollicers. uuder the rank of ukneual
ofivkks."
Mr. Mmrman considered this as absolutely
inadmissible, lie said that it the people should
b>* so tar asleep as to allow the most influential
officers of the Geue.al Government, every man
of discernment would rou-e them by sounding
the a arm to them.” Upon Mr. Madison’s pro
pos non, Mr. Gerry said : “Let us at ouce des
u y the Stale Governments, have an Executive
ior nit - , < r hereditary, and a proper Senate,
and then there would he some consistency in
givibg ull powirs to the General Government;
hut aw the States are not to be abolished lu
w ondered at the attempts that were made to
give powers inconsistent with their existence
lie warned the Convention against pushing tin
experiment too tar.”
Mr .Madison’s amendment to add to the
clause the words “under rank of general offi
ca- v,” was voted down hy a in j ,rrty of eight
ttules against three, ac.oid.ng t<> the “Madison
Papers,” from whuli the above extracts art
takeu ; and hy nine S'.Ws against two, accord
ing to the printed jourm Is ot the Couventiov
the reservation in ihe toun iu which it now
Stands ill the f-> >-titU’.kn. “reserving to the
States the appoint mem . t lU- officers,” when
the milit at ie eras L-jt-d iu the service of the
Cothder. cy, as well a- the general officers a
thi so uuder that grade, wa adopted uuans
mous 'ly by tb<‘ Convention.
At t.te exf eusc of weaiying your patience, 1
have been thus careful lu iracti • the history 01
this clam e o.* the Couslitutlo ', to show ih ,i ;t
w. u* ti . r umtersta>-dicg of those wh.
originated th s pan ot the in simntal law,
li st the B,a is-SUoliid retain UtT power oVtf!
their miiitia, even wbeu in ihc service of the
C>n > der vey, by retaining the apj ointunnl e>i
•1. the ou.avt.-.
In , rav..-e, ih - g.rvetiKuen* of ti e Unite
S axes, among other numerous emir *elmi*ut<*
ol power, lad usurped to itself, the power
which the ConvenUou, alter mature Je.‘>b* ra
Hon, had expressly ueii.-u to it, to w it: the
powered appointing the general officers oi the
militia, wbeu empltyed in the service if the
General Govern me nt.
Bui even U;ai gotcrn.ven. hai neve• attempt
eo to the extent'of usurping the pewer to jp
l-e lnt the field and com.-iuy offi - re It the
lv met* of the CouslUaiuon w, re startled at ih,
idisot giving the apjvo.ocment oi the genera
othcetsio thi GeneralGovci'i.sient,an.: proun-;
iy njiwtu i., how won and th- y haw met a pro
position to g >e .he ~pj t. mc-.K ot si, the
* officers,• **a i,< ta *, . nu •*. n; tii i
Bat y< u say, * i-<s and to Ue mode of
i fficering ihe troops no* v Ud into the service
of Uti Confederacy, the ihten.ion of v or g res*
is to be learned irorn its act* ; and irem the
u rms employed il would seem that the policy
oi election by the uoup then, selves, is adopt
ed by Congress.
THE SAY^^ h WEEKLY S-iLTXJ^IDA-~g' 7 CTUYsTE 28, 1882.
I confess I had not so understood H without
!SSffiWWSwrr**-!*'*** **
•win ****** a:
terms used, ail vacancies m lhv election
old regiments are to M ‘ e r^mo;lon > , down to
but iiy the 1 reside , whose vacancy
the 1 o west < r oa ‘™ election uutf eVeu this rule of
!ll °’ ,e \ riv y be sei aside by the President at
mtiet circumstances mentioned iu
the a ™t’nd he may appoint any one he pleases
to Ail the vacancy, if, m bis opinion, the per
son selected is distinguished for skill or vaU.ii ;
and the commis-iou in either, and all the cases
mentioned must be issued by the President.
finite a number ot Georgia regiments are in
forVlie war, whose officers hold commissions
,tue Executive of the State; butev-u iu
liie-ia regiments, mid :r the act, every person
appointed to till any vacancy that may hcrealter
occur, it would seem, must hold his eotuiTiis
ioD, nor fr, m the State, hut from trie Presi
dent.
But admit that Congress, by its acts, intended
to give the iroops in every case the right to
elect their officers (whicn has not been tbe es
tablished practice, us you have commissioned
many persons to command as held officers
without election,) this dues not relieve the acts
o! Congress from the charge of violation ot the
Constitution. The question is not •as to the
mode of selecting the person who is to have
the commission, but as to the government
which, under the Constitution, has the tight to
issue ihe commission. The States, in the ex
ercise of their reserved power to appoint the
officers, may select them by election, or may
permit the Executive to select them; but the ap
pointment rests upon the commission, as there
is no complete appointment lid the commission
is issued ; nd therefore the government that
issues the commission exercises the appointing
power, and controls the appointment.
I am riot, however, discussing the intention
of Congress in ihe assumption of this power,
but only the question ot itsp>wer; and what
ever may have been its inieution, I maintain
that it has transcended its constitutional power,
and has placed in the hands of the Executive ol
the Confederacy that which the Slates have ex
.pressly and carefully denied to Congress and
reserved to themselves.
Dot you may ask. why hold 'be Executive
responsible Tor ihe unconstitutional act ot Con
3£r|.„s y ( wool I nuL of course,rinsi t on this
any further Ihau the acti<"i ot Congress lias
been sanctioned by ibe Executive, and acted
upon by him
Feeling satisfied tint Hid Conscription Act,
and such other acts of Congress as authorize
the President to appoint or commission the of
ficers of the militia of the State, when employ
ed in the service of the Confederate States, to
“repel invasion,” are iu palpable violation ol
the Constitution, I can consent to do no/act.
which commits Georgia to willing acquiescence
in tlieir binding force upon her people. I can
not, therefore, consent to have anything to do
with the eri.oiimeut. of the consc ipts in this
State; nor can I permit any commissioned of
ficer of the militia ,o be enrolled, who is ne
cessary to enable the State to exercise her re
served right or training her militia, according
to tbe discipline prescribed by Congress, at a
time when to prevent trouble with her slaves,
a strict military policy is absolutely necessary
to the safety of her people. Nor can I permit
any other officer, civil or military, who is ne
j cessary to the maintenance ol ilia State.Gov
j erunii iit, to he curried out ot me Suite as a
conscript.
j Bhouid t yon at any time need additional troops
| from Georgia to fi 1 up her ju t quota, in pro
j portion to the number furnished by me other
j States, you have only to call ou the Executive
I for. the ■•umber required tube orgm.zid and
| officered as the Lousi.il.ii ion directs, ami your
I call will, as it ever ha- done, meet a prompt re
| spoiise from her noble and patriot e people,
who, while they will watch with a jealous i ye,
eveu in the midst ol revolution, every attempt
to undermine their constitutional rights, will
never be content to be behind the foremost iu
j the discharge ol their whole duty.
lam, with great respect,
Your obedient servant,
Joseph E Bkowv.
! Ha Excellency, Jefferson Davis
LETTER FROM PKIiSIDENT 1" Vl a .
Executive Uepar'cmeiVT, )
Richmond, 2'Jth, May, 1863 (
Dear Sir :—I reeeive.d your letter ot the Bth
insl., in due course, but the importance of the
subject embraced in it required careful con
sideration ; and this, together with other press
ing duties, has caused my delay iu reply.
The Constitutional question discussed by yon
in relation to the Conscription Law had been
duly weighed before I recommended to Con
gress the passage of such a law; it was lully
debated in both bouses ; and your letter las
not only been submitted to mv Cabinet., but a
written opinion Iras been required from the.
Attorney General The constitutionaltiy of the
law was su tailed by very large majorities in
both houses. This decision of the Congrtss
meets the concurrence, not only of my own
judgement, but of every immbtr of the Cabinet;
aud a copy of the opinion ot the Attorney Gen-
UKiL-hcr.ovUh enclosed, develops the reasons
on which his conclusions are ba.ied.
I propose, however, iron my high respect
for yourselt, and . for other eminent citizens
who entertain opinions -similar to yours,
to set forth, somewhat, .u lengtn, nivown views
on the power of the Confederate Government
over its own armies and militia, and will en
deavor not to leave unanswered any oi the post
lions maintained in your letter
The main, i! not the only purpose for which
independent Btaie- form Unions or Confedera
tions, is to combine the power- of the several
members in such a manner as to form one
united force in ail relations with toreigu pow
ers, whether in peace or war. Each State am
ply competent to administer aud control its
own domestic government, yet too feeble suc
eessinlly to tesi-t powerful nations, seeks sateiy
by uuuiiig with other States in like condition,
aud by delegating to some common agent the
combined strength of all, in order to secure ad
vantageous commercial relations iu peace,
and to carry on hostilities with effect in war.
Now, the pow, ts delegated, by i tie several
States to the. Confederate Government, which
is their common agent, are enumerated in the
Bth seel on oi the Constitution, each power
being distiuct, specific, and i numerated lu para
graphs seperait-ly numbered. The only excep
tion is the 18. u paragraph, which by its own
terms, is made dependent on those previously
enumerated, as follows:
“18 To make all iaws which h- neces
sary and proper (or carrying into execution ill
to; - going powers.” A: •
Now, the war powers granted to the Con
gress are conferred in the following paragraphs.
No. i, gives authority to raise “revenue
necessary to pay Lite debts, provide for th.-
common defence, and cany ou the govern
ment,” etc
No 11, "to declare war, grant letters of
marque and reprisal, and make rules con
earning captures on land aud water. ”
N't. 13, “io raise aud support armies; lint
no AtipropHplton oi money to that use shut De
lot 1 a longi r term than two years. ”
N >. US, “to pr .vide aud maintain a navy
No. 14, “to make rnlos tor the government
and regulation ol laud forces.”
It ia impossible to imagine a tnero br > >d. ample
tad unqualified dei'j;*u.*ti o! tiie whole powe
ot e.ieti 8 o’e, than is tore contained, with the
solitary limitftliou oi tae appropriations to tw
year-. The 8 ales not only gave power l * raise
money for the cmnnt >n defence; to declare
war ;to r.otst and support armies ;i ie plural);
to provide Jim* trntiiilaia a navy ; to govern and
ngo ,t * tnivt* to and and naval to:e-* ; but they
*veai, tu'i •r, and convenante.), by ihe 3 I para
graph oi It.e 10Ji scetjnn, not “to engage in
war, iHilesv actually iuva lcd, or iu such linmi
aetu danger us vv;il not admit ot del ty.
I know ot but two modes of raising armies
within the Gouictlerate Scales, v /.: voluntary
enHatmeii', and drall or eonset iption. I per
ceive, iu .the dehgiiioti oi powers to raise
xiuics, no restriction as to tue mode of pro
cutiug troops. I sec nothing which coniines
Longu ss to otic cl i-s ot men, f.o • auy greater
power to receive v.dumcets than conscripts
tut >it--. rviee. 1 see no limitation by winch
evils; u.C",s are to ha received of individuals
ot")’, in.) u-*t of companies, or battalions, or
-quad, ins. or trgim *nts. I tiufl no Htnihation
•r I’m", ot service, but only ot duration ot ap
proprlatioo. I discover nothing to cou line (Jon
,n -s iu w.r wiLtmi me limits of the ilonfed
eracy, nor v*i prohibit offensive war. Ia a word,
w;., a Congress desires to raise an army, and
pas.-* < t law :or that purpose, the solitary qu.e
tton t* Hiuicr iin 18. h paragraph, v:z: "Is the
lav. W e that •- uece-sary and proper to execute
dl. power u> r..is • atintcsT”
On '.a- p hut you -.y, “Bat did the necessity
x-. ill ia;.. ea-< y Tho C inscription Act cau
■i, t a ,t Ue* Government in iu creasing its supply
*>t arms >t t*<;* visions but can only enable u
Hiatrti. * l-ututva ot mcn into the fluid.—
••> to get -mbs. The
. es ,i *i ■ *. iu tn-h and vh Governmen;
It re 111 *U I. C.ll! : ns. ,Vc.
I won'-! * • V". :it-i.iffienliy in estaL’ish
i,o eiU'u. *•• t -i - io, that the passer,,
oi *he law , , ,*i..y ti-. -s—ary, but that l,
was wosotiit. •> UJ s- h tisahie ; teat numerous
returnn*.s *,t i . riv*-months men were on the
, vc ot t'cie.g dist* iitded, w t> ss places could not
:>e supplied try raw levies in the taee ot superior
nußibvis oi i o i -c, witfcont entailing the most
disastrous rcsuLs*; that the p- <s;n**n ol ou*
armie-was so criucai a< to ad tire bosoms oi
. very pat* mi with the livrli.st apprvbcnston ;
a id that ;he pruxi-ions of this (aw were iff e
uve in w.*ru:vg iff a ptess-.g danger; but I
prefer to answer your objection on oiii*. r and
b. osuief gr* Utuis.
j h , ), u>. wa b*[ c tie p'* ris graot 4 by th
"ri-.Uu t* o, tie u* E" ti q ;e-li in. *'a> raise
sraois,” <‘J*e < i* a** ja.iv- wlwiAer ihei-w ja-s-d
iur .r>e ;>*: j- ew* x car. g -hn jwer, it <c**.-ry
. <1 |*t,vjstr. ’ t- i- uciti o-astJ fa' saj ItiU arss nugat
ire rains: s other ways, surt lust .airei'.re, lb pard
caisr rajß*t ‘-lit*-*ssr>." the same argue*n:
ij; bt lh uisd agasasl every mode of rarsiag arrr.iea
IO each .sa.-eeo.ive mode tuggoted, ibo objection
w.rnl I be unit ./the m ines w, re prael cab o. and hat
moietore the |nr ioular mode used was not.-mcee
sarv ” The true and only (eat is to enquire Whether
llie law h- i'oen 1. and and c dcu ated to ca ry out the ob
je t ; whether it devise* and oteatis an i strumentuU
ty <or 6 T ecu'in t 'bo specific p wer g-uoted ; and if the
answer be In the fflr ■ a'ive, tbe law is constitutional.
None can doubt that ihe Conamipthm law is calculated
to “raise armies.” It is therefore “necessary and
proper” lor the. xeofflon o' that, power and is , nait
lulional, unle sit conies into omifl ct with some other
provision ol our 1 on ederate Compact.
You express the opit ton ffiat this conflictoxists, and
support your argument by the citation of these clauses
Which refer to the militia '1 here arec rtatn provisions
not cited by you, which are not without infiuerce on
"yjudgment, audio which 1 coll mur attention.
They will aid iu defining what is meant by ‘ ra litia,”
and in deteimining the respective poweraoftueSta.es
and the Confederacy over them
The several Stales agree “not to keep troops or
ships o; war in lime of pc. ee ” Art. J, sec, iO, par S
Tney further stipulate, that “a Weil leg dated inilit a
b ing nece*earv to the secur.ty of a tree State, the
right el the people to keep ami bear arms shad not be
in rinsed ” etc D, par JS.
That “no person shah be held to answer for a capi
tal or othe wise i (famous crime, unless on a preseni
mentor inuic ment o a grand ppy, except ineraes
art ing iu tbe lad or nav-l forces, or in Ihemtitia
Winn 11 actual service n time of war or public dau
ger.” Ac. Sec. V, pa'. 16
VVliat men are miliia? They can only be created
bylaw Tne arms bea ing inhabitants of a biale are
liable to became ts militia, if the law so order; but in
tb a sence o a law to that effect, the men of a State
capable of bearing are uornoie militia than they are
seamen.
Ihe Constitution u’so tens us that militia are not
troops, n.r are taey any part of the ia"d and natal
lore s; for u.i itia exist in time ot peace aad the <J n
sii.ulion to bids the S ates to kee troops in time ol
peace, an i they are expressly- distinguis ed and placed
masepara e category Irom land or tiav .l lorces, in
the 16th paragraph, above quoted; and the words land
and naval 10-ces are shown, by paragraphs 12, 13 an !
14, to mtan ihe army and navy oi me Confeaerate
ot ties.
Now, if militia are not the citizens taken singly, but
a body created ’y law; il they are not troops, ii they
are < o ] art of the army and navy ot tho Con eti> racy—
we are led directly to the defln tion quo ei by the At
torney General, that mi ilia are a "uody o soldiers in
a Sta n enrolled tor discipline.” In other words, the
term “militia” is a • oilective term, meaning a bod
of men organ zed, and ca, not be applied t” the sepa
rate mlividdals who compose the organization
The Constitution divides the whole strength of the
States into only two classes ol organ zed bodies —one,
the armies ol the Couledcraey; the other, the militia
ot the o tales.
In the delegation of power to the Confederacy, after
exhausting the subject of deeri ing war, raising and
supporting armies, and providing a navy, in relation
to alt which the grant oi authority 1o Congress is ex
clu-i e, tbe C.institution proceeds to deal with lrye oth
er organized body, the militia, and instead of and. legat
ing po.er to Congress acne, f reserving it to :ne
S ales alone, the power is divided as follows, viz: Con
gress is 11 have power—
To provide for calling forth the militia to execute
the laws ot the C lifederate S ates, suppress insurrec
tions and repel invasions.”
“ To provide lor organizing, arming and disci; lining
the mill ia, and for governing such part of them as may
be employed in the service ot the Confederate olat. s;
retervint > the Ntates respectively the appoin merit oi
officers and the aut ority of tiaining ihe miiitia accord
ing to the di c pline prescribed by Oongrets ” Par. 19.
Congress, then, has toe power to provide for organiz
ing the -.rm.-beari .g people ol the otates iut. mi itia
K ch State has the power to officer and train them
whan organized.
< ongress may call forth the militia to execute Con
federate 1 w-s. The State has notsurrendered the pow
er to call Iht m forth to execute State laws.
Congress may call them torlh to repel invasion; so
may ihe States, for it has expressly reserved this rig t.
Congress may call them forth to suppress insurrec
tion ; and so m.y the States, for the power is impliedly
reserved of governing all the militia except the part iu
act al service of the Confederacy.
I confess myself at a loss to perceive in what manner
these careful and well defined provisions ol the Cou-
Btiiuton regulating the organization and government
of the mi itia, can bo understood as applying, in the
remotest degre“, to the armies ■ f lit - ConieJeracy r
nor can conceive how the grant of . xclusive power
to declare and carry on war by armi s raised and sup
ported by the Confederacy, is to be restri t and or di
! mtnisbed by the c aus s which grant a divided power
lover iho militia. On the contrary, She delegation ot
| authority over the militia, so lar as granted, appears
to tie plainly au ail itonal enutnetaitd power, in
tended to strengthen the hands of the Conte ierate
Government in the discharge of Us paramount duty,
the com on defense oi tbb States.
You eta e. niter quoting tao 12'b, 15th and 18th
grant* bf I I'waru) Louvres, tt at, “Thesa grams of
power alt relate o the same ibjset matter, and are
ab con lamed in the sum s c ion ot the Constitution,
and by a *e 1 k iowii rule of construction, must be
.agon as a whole, aart construe i together.”-
lib agi'minl appears o me nnsound. All the
powers of Longr.is a e eatnearated'on one section;
and the '.low arae-a,.* -q i * (-■ i can no mor - control
each oth r by tenon of lite r location in the same sec
t o ■, than they can control any of tbs other paragraphs
precodi g, succ'ediog or nt ervsning, So tar as the
su j 'c ma.ter is concerned 1 have already endeavored
to show that the armies mentioned in tfe 12 h para
graph are a subject m itter as distiuct from the milita
men ioned in tne 15th and 16th, a- t iey are from the
nav, mtn'ionedin ihe 13th. Noth ng an so misiei and
as to construe together, w and as one whole, the care
m'ly separa e 1 dames wli ch deflue the different pow
ers to b exercised ov*r distinct subjects by tho Con
gress. Hut .ou add, lliat *'• by the gran', ot power to
t; tigress io rai-.e and soppon a*mies wi hont qualifi
catioi, the Cromers of the • onstnutt n intended the
reg lar armies of lha Oonf-deracy, and not armies
com osed ot the whole militia *>f all tho t*tate>.”
i must cmitesss rnyse f somewhat at a loss to under
stand ihlt'po ition. it lam right that tile militia is a
n nv t>t enrolled -tale s tidier.-, it is not imp s lpie. in
ten t ra of thing l , that armies raised b he Confed
eracy can ‘ be composed o the whole militia O' ad the
States” The militia may be csJl-d tot th, in whole or
in part, into the Confederate service, b"t do rot there
by become p trt of tne “ unties rui-ed ” by ‘"ongress.
They rem in miiitia, and g > home when the e oergen
cy which provoked .their oH eaece-ed. Armies raised
tty A'ougresss ate of course r i-ed out of the same pop
ti atiou as he miiitia organized -y the states; and to
dny to Co'tgress .h power to draft n citize ■ into tie
army, or to receive Ins vo on tear off r of setv.ee be
cause ho l- a no ttfter of tht State mifitia, ts to deny
the power torn ee an army at all, for pract'ea'iy, ad
m n tit tor service in the army may be embraced in
mo militia <rgan.zvion >f th * s vi ral states. You
seem, however, to rnggert, rat ter than direo'L to as
s t t, tiia th-Con.-c tpt Law may be u c mst tutional,
been so it comprehends alt arm—bea-mg men he ween
18 and 85 yea :at le st this is ' inference witich I
dr w rom you 1 xpressl'nn ‘armies c .tn.H.sed ot the
who e mili ia of alt ct,at, ” Bat tis o tvious, that if
Con <r ss have tho p w • to draft in o the armies raise t
by it it v citizens at ali ( *i h->ut regard to the met
whether they are trim in mb rs of militia organiza
tions j the power must be Co-extensive with the txt
ge ei'.s of the "i t:AM n, or i". be "tiles i lusury; and
tie <xe t "t the txueecy must tst deter line* by
Congr- ss; 'or tb Constitution has left the power with
out any other check or res rut on tnau the Executive
veto, finder o-d nary Cite instances. th power thus
delegated to C mg ers is rcatvo y ft It hy >he Slat s. At
tho present moment, w.nen our very < xt-t* uco is threat
ened, h. armies vas ly superior in numbers to ours, the
nece sity tor and o lice nas induce t a cal! not “ter the
whole miiitia *~f alt t'te rt.tts, not lor atn uitlit a,
b u for men to compos t armies or tile Con ed* rate
Stales ”
ureiy there is no mystery on this subject. During
our whole past history, a w- II as dung our r. cent
one year’s experience as anew Confederacy, the mili
tia “nave been called forth to repel iuva-iou” in num
erous instance*; an t they ti"vo- came otherwise than
ss bodies orraniz l to the btates, wilt thett company,
field and general nffle ts ; and when the emergency
art p ts ed, they went heme again.
I cannot pure ive how any one can Interpret the
' l so. ipUou I aw as taking a-my from the states the
power ii- appoint officers to th ir miiitia You observe
<m ti ls point in your tetter, that uni ss your construc
tion is ad qited "‘the very object ot the States iu re
serving the power of spp i ting the "til :ers, 1- deteat
ed, and that port on ot t e 0> ustitution is not only a
uull ty, bu the who e mitita-o pewa.'of the St let
an*, the enlir control "f ti e militia, with the app int
mett' o the offlvt r is Vi sted in the Confederate Gov
t rontcnt, whet ever it ctu oses t> * all its own action
■raising an arm,-.’ aud not ta i g f ith the mili ia ’’
I cau only say, in reply to this, that the power of
Cos icress ilt'jicn is on ttn* real mu ure o the act it pro
poses to |i rt'*:m not on the name given to it ami I
have e 4 avarurt to snow that it* action is n<* r!y that
ot “rat mg aa army,” aid bear* ** venibance t
••calling tonh tli m I‘rtla ” I lUu k I tray sately ven
tore the • -s** tmu ihat ttiorc i* not one man out of a
th'UsiiHl of tliose wh > wih do Service Under the con
scription c tb i would lies ribs himseii, while in ihe
Cont'ilera e sc-vic", a* b mg a mtiitia tn u ; and il I
am right in this assumption, tne popu ar understand
ing concurs entirely with my own deductions from the
Gonslitiitim vs to the meaning ot the word “mill ia ”
My answer has grown to such a Ktig h that 1 mu>t
l oufla * uiy .el to 0.. e m >re qu rt ,tioo r*m your letter
Y' up oceed: “t’ongres* liuli'h ve power to eaisk
abuses, lio.v fh II it bed l. ? Tne answer is lea*.
In emit rtuiiy to provisions of t,e * * nsiituii <*; which
Xt*re* v provUts mat wh n the militia of th starts
are called ho h to rei*el invasion, and em; loyed ii
the service ol the n<dt-u* t taler, which is now
the cave, to Slate ‘ h iii appoint toe A Dior .”
“ beg yon to observe that lie ansW* r which y usay
9 cl-nr, n* not an answer to me question put The
q*t stio i-: how are armies to be *ai* d? Toe answer
givtii ir, dial wlit u mil.liar re called n.rlb to iepe. in
vasion, the swt sha 1 a; poii.t die < ffi er .”
1 tier.- o'*"!.* 1 1 tee. to be a conclusive trst on this
who o sit! j et, Uy our * o slilutuon Congo ss mu; de
dare war, offensive as w*l!as deen-tve It may ac
quire term ry. Now. -uppere that or go. and cau ean t
.*• ngi.t unpro*< Urd nj trus t o g e-s shoul i 0 dare
wi'agii'is v*t.x.:o. aud invade o r*. Cite mi ilia
•ou and not >*e fa e t fifth in sueh a case, tne right to
ediitrie: g unit'd **t * ripel .nv sims ” Is it not
plant tb it the law unde” discus-ion, it |>"?s J under
such CHi timslrt.ee-, Courtly ov-.lnidty be eugtit
else than a iaw to **ra)se iva ar xy * an one and the
same law he c Bstrued in o a ‘callinv f rtn the mt.i
tta.” if the w,r m* e'enHve, “and r.U og ot armies,”
it tire war be offensive..?
Al some luture cy, a ter ot.r ir.di p* ndccce sb 11
have been esUblish* *l, i is u > improbable supposition
tha; our present enemy an ybe mat and to fa Ua n t
naval power, by dep edalLn on ur commerce, au i
oat *jg* may b* eornpe led to assert our r:gtushyof
tensive war. How is it to be e-rried on? Of what is
the army to be composed ? If thtsg verLmeat cannot
ca lon l s arms be tng popuoi.i. ii tthe:w se than sS
in. nia, aad it the u: ilia can orb be ce.l ert f r:b lore
pet invasion We should be utleriy Ijelj less to vindicate
<ur honor or protec ■ur rights. > r has been well
-yte*i*t e ;e rttwe liiigaviou "fna-iona” Have we to
toTiaed * urGiive- n*. nt u aiint-, liiigat on we must
ctver *■ ita.iit.ff? cure y this cann u have hec-n tne
lutemfon ot t e ira <r- or < ur c* u pncU
lo no >t>ect in which I can view ibt- (sw, can I find
j is' reason to dts”u.-i trie t ropnety if my action rn
appr vtug a. and signing i; asd the question pr*.9en:*'.i
Uivtvv.s const q te. ces o;h in.me. iate atd rem vie,
t-o m m nioiu ,o pe mit me to nave your oLiectious
Uha.swcrcd.
jot ecu in, It t great pharureic recognizing
Uitt h.- htsi r ot lb" pa-t if.r affords the aTpiest
justtScaH n for your a-s. rtt>.i, that it the question had
t* i., *t>t ,cr the t, n-crq t:o . L w was neces ary tn
orucr t rut**' c*n in t*** -g a, the an.-wer must have
. t aso the a* g..v.*e. X ur , o lea ate bar promptly
resp uded ;** wr; ct:> hat it tas men my cutv to
.*, • i-u i; r ; :*■ dto ... u r nail .s- ht-r r.r* c .1.
i ackaow.edgc n y 1 0*- t- .ue- ! r the prooi, c**r
lii Ifaut et.c',l e ""-OJa-ra!.oi y,. u * ave aff rl*d me
in ih- * C ** 1 **e- ud .>ur co rti" ,* uuiry a-ait st he
-"f. tn c. enemy. 1 aru n ) ieap*.*cl'n:.y, y ur*>B*diej.l
re* ai.f J nr* ...Ki".S Davis
ts axe*: ea ; J s. E. lir wr.
Gov. to of Georxia,
Mi le*. geviile.
The Hon. Robert M. Faitner, United States
J!ita-icr to the Ar”cn;ice Gonittieration, ditd
at sea ou the 36th ot ApriL
(ny K quest.)
LINES
Dodicated to tho Memory of the late Gko. A. Coi.i.iek,
private iu ihe Miller Guards, Cep tain Hopkins, 21st
Kegiment Georgia Volunteers.
Upon thy early grave—a tear
A t friei dship’s shrine we shed 1
Fi r hearts are sad—thy bright career,
How short! —now with the dead!
vVi h manly grit-e, a generous heart!
Forgivitg, kind, urbane,
“Death loves indeed a shining mu-k”—
Cur loss was but thy gam.
As gently as the shades of eve,
O’ershadowed earth and sky !
Thus gently did thy sp rit eave—
As gently droop and die.
Eest, friend ! in peaceful su mber boun ’,
Life’s fitful fever o’er!
No cry “ to arms ” or battle’s sound
Shall rouse thy spirit more,
Departed—bnt thy spirit still
Khali linger, lOLg and blest
Thy name thall send a hallowed thrill
To soothe t ie aching breast.
A Fbiend.
Tlie Rrltibli ‘‘ThHi<!erer”oa American
A flairs.
We copy btlow some ipterestinfr articles from
late numbers of the Loudon Times. They
show at least, how Englishmen can talk :
THE SLAVE TRADE CONCESSION OF 'JHE NORTH—
THE TRAFFIC WHOLLY A YANKEE BUSINESS
THE SOUTH HAS NO SHAKE OF THE SIN —THE
SOUTH IN THE WAR—THE NORTH HAD BETTER
MAKEPEACE, ETC.
This is the first fruit of secession. If there
had never been a secession, there would never
have, been a slave trade treaty. If the Slates
had still been one and inviucible, we never
should have obtained from the punctilious re
public the privilege of violating the “stars and
stripes” by seizing a cargo of slaves lroui un
der them Under secession the old slavery-ce
mented Constitution has dissolved. Under se
cession tha Northern States, grown weaker,
nave been compelled to tolerate and even to
bow to that anti-slavery feeling, which had
been suppressed alike by the Constitution, the
iaws, and ihe public opinion of the Union. It
was secession which took the sting out of the
fugitive slave law ; it was secession which first
suggested the thought of buying with State
money the freedom of black men ; it was seces
sion winch rendered it impossible to wipe the
blot ot slavery out of the metropolitan district,
ot the States; lastly, it was secession which
has now given us this anti-slave trade treaty.
Perhaps we shall be told that ibis is a blow
dealt by the North against the South. It is no
such tbteg. Tue suave ln-.de is exclusively a
vice of tue Northern States. The Southern
States detested It. and one of their first acts
was a stringent law again-1 it. This is not a
victory over the South ; it is a victory over tiie
North. /The uaau mity of the Senate in this
matter is very letnarsable, because there are
men in that assembly who certainly have very
hearty love for auy measure practically effect
ual to put down the slave trade It seems to
argue that society iu the North is reforming it
self upon more wholesome principles than ob
taiued when tbe State was ruled by alliances oi
vicious interests. The recent trials of tsoslon,
an<r The terrible example made in the case oi
one min, had showu that the slave traders of
the Norta could not exist without the support
ot the slave-owners of the South. It is a large
problem w hich has yet to be worked out in the
South, but if the experiment proceeds we have
no doubt as to the result. The Uuion is impos
sible, unless upon the basis oi slavery; divi
sion is incompatible with the permanent exis
tenc of slavery.
We need u<u dissemble the truth about cer
tain prepossessions current io Europe. It is
beyond denial that, in spile of the slavery ques
lion, the Southerners have been rather the
favorites, partly as the. weaker side, partly as
conquerors against odds, and ’ptrtly because
their demand for independence was thought too
natural to be resisted at the sword’s point by a
government founded on the right of insurrec
tion only. To these merely sentimental and
not very cogent considerations was added the
more potent aud weighty reflection that, what
the Southerners liad done, no power, whether
American or European, could succeed iu un
doing. The dissolution of the Union was an
accomplished tact, nor could any statesmen of
any country forecast the means by which a gov
ernment professing to subsist only by the will
of the governed could here-established against
the desires of one-third ot the community alter
a tierce and smguin.iry war. We could under
stand separation, embarrassing and unwelcome
as Us conditions might he, hut we could not
understand either the conquest ot a territory
like that of the Southern States, or the adapta
lion of such a conquest, even if achieved, to
the put poses avowed by the Northern invaders.
In snort, as ali Europe desired the end of the
war, and could see but one way iu which th it
entl could come, the Soutji got the benefit
ot the strait into which we were driven.
11 the Northerners could only see their own
interests, or perhaps if the Atlantic cities could
have their will, they would undoubtedly pre
vent the conflicts weave now expecting, and
stop and treat. They will probably never have
so good an opportunity. The capitalists won id
be fortunate to lini-h the fall nr while their
Southern debtors are not yet able to pay oil
their mortgages even in that paper currency
which is quoted at eighty per cent discount,
but which is a legal tender to a mortgagee; are'
the State creditor would be wise to settle his
accounts while gola is yet to be had at a mod
erate premium.
Tfilrlyfiftli Georgia Krgiment,
Camp near Richmond, )
/ June 14th, 1863. (
To the EtiilOr* of the Dispatch :
Below I iurnish a list ot the casualties in the
35th Kegim-nt Georgia Volunteers, commanded
by Oolouei Edward L. Thomas, iu the battle of
May 31st, which regiment suffered more severe
ly, according to the numbers carried in the
tight, th in any other in the brigade or division.
This fact cau ue accounted lor *>uiy hy a simple
statement ot the lads connected with the affair:
alter our forces composed dl two or more brig
ades had been toiced to retire through theskir
of woods fronting the batteries and rifle pits ol
the enemy, ibis r> gintent was rallied, and by its
heroic Colonel led the second time into tin
woods, which they pentrated as far as the cen
tre—met the enemy —tired iuto him, aud foiced
him again to lake shelter behind his forlitica
lious. Thus leaving as iu entire possession *>t
the woods, which we held for some time, and
were with the last to retite when compelled by
the approach ot darkue-s. It was iu this second
charge we sustained our heaviest loss, losing in
killed and wounded oue fourth the number car
ried in the held. Here our gallant Lieut. Col,
G. A. Bull, fell mortally wounded. Major B
H. llolt was siuiiued by a shell and compelled
to quit tire iii id. Adjutant Ware’s (torse was
crippled under him, a .and left in 7t shuttle attempt
to carry Irotn the Held the gallant Pettigrew
Company A, commanded by Cap.am W S
Head Ruled : PuvutcliJ Holcount. Wound
ed : Lieut C W Avery, Hi under; d-rg’t L R
Wood, thigh; Privates R G Eladdett, l ead an
thigh ; A A Bcili-r. neck ; R Sutmnei vitle, back;
MVS in lord, thigh ; W M Channel, hip. .Mis
sing : Private VV T Couch.
Company B, comui tnded by Cipiain J M
White.—Killed: Fnvaies vV T Maun, J C Wells.
• Wounded: Privates Trios Sock *v el , N Z John
sauj, J J WaUis, 1' MeD iuaid, J N Cleiiand, J
F Loocm. Ali:-ii'g: Private lieury Lester.
Company C, counnauued by Capt D B Henry
Killed : I’nv-Us A Sceiiau. Wounded : Corpl
John A Lane. Privates A A Beil, shoulder; I
T Word, arm ; Ja- R Head, head ; Alex Miller
tiead ; John J Miles, hip ; Luien Ferrell, arm
Uissiug: Private B F Eiureit; Serjg’t Jonathan
Jeuniiig-.
Company O, commanded by Capt Lee A J
Williams Wounded: Sertf’t C W Baker, hand
and arm ; Jno Easou, arm, a*; t n au-i : N L
Karmbv, hand; J A Denny, uoeh; VVtu VViison.
band; il u. Harris, aru; C R Power, licad ; G M
aeagin, ehoulder. Missing : T L Baker.
Company E, commanded by Capt E R Whit
lev, Capt. v\ hiiley, stuuued Ly a shell. K lied :
CR MeLnie, W H Bullard. Wounded: GVv
MeCormica, sliouider; F S Morse, loot; G v\
Johnston, arm; J.'Un Jones, nip ; A R B rmar,
back ; W B Milliom, fact* ; A M Stierley, shoui
der ; VV J Reed, hip- Mi sing : A J Bur.on.
Corapa. y F, Gap* R M Rowans.—Killed: Juo
B Brewer. Missing : Rober 8.-nafiad and Jno
\1 Pinmmer. Wounded : P W Wiley, D T Lau
ier, Wm A Jones, Robert McDaniel, Jasper
Eotis, Corp’l H J Coon
Company G, Capt W TL*rr:it. Acceded.
ritoa Gamp, slightly : W T Aigood bead ; T L
Moon, thigh : J 0 Burke, aukie; a L Mudham,
arm; T A Uarmin, tbiga.
Company I, apt Giave?. Wonnded; W R
Kiiga, J TLawtens, he id aedarrn ; i M Lera!,
ankle* J H Bowman, face: W A Hall, s:Oe; A
R Mihicao.sffie; G W Tarver.
ComjiAny K, t-pi McCuHoch -Kt led : VV C
We-t. Woui dtd; Bcrg -i M L mbroauh, J
C Gram, finger : R vV s.aughier, shoulder ; J
W Hal- hip; CoP I J VV Jetikius, head , Berg i
\V \V JcD'kiu.-’, Lc.nS ; T Bruwo, siuiiDctl; J K
Huasou. Lieut H. H. Roberts,
Cos. C, 35th K-g’i Ga. V ois.
X urukea Saw.
Vi hen rogues fall oat, oar ta he s sa.o.
T^r^Ww^r^'^tedead
md dntwe.
An.! u re'* * A bajo et, c .-sscu .
And "U-u; pi) < c 4
Out Weaveis’ iivmg i,J *t- Punch
APmladelpUia papor state-that the il '• • '
wuictt the Monitor IS a pan, Is tcady to asMs. ih
lading Richmond soon as Gcuerai .VlcCkliau
shail say the word.
llie Destruction of ili Virginia and of
Uo fltianlsslppl-Verdict of tlte Court
Of Inqtii y A |i;> tinted to Investigate
tlte Oat*.
We present below tlie findings of tho Court
of Inquiry ordered to investigate the causes of
the destruction of the iron-clad steamer Vir
ginia, and ol the iron-elnd steamer Mississippi,
then nearly completed at New Orleans. It will
be seen that the first act 13 censored, and the
other justified as necessary;
THE VIRGINIA.
C. S. Navy Department, i
Richmond, June 11, 1862. f
This Court ot Inquiry convoked by the order
of this Department ol the 20. la ultimo, whereof
French Forrest., Captain in the Na>’y of the
Confederate States, is President, and which
Court convened at t he city of Kicomond ou the
221 day of May, 1862, to Investigate and “en
quire into the destruction of the steamer Vir
giuia, and report the same, together witm their
opinion a to the necessity oi destroying her,
and particularly whether any, and what other
disposition could have been made of the ves
sel.” have found as follows:
The Court having heard the statement read,
submitted by Flag Officer Tattnall, was cleared
for uclibcration, and. after mature considera
tion, adopted the following report :
The Court, after a full and careful extminA
tion and investigation of the evidence connect
ed with the destruction by fire of the Confed
erate States steamer Virgiuia, on the morning
of May 11th, 1802, near C-ancy Island,
respectfully report lha; it was effeeied by he
order and under the supervision of Flag Offi
cer Tattnall, after her draft had been reduced
to twenty-!eet six inches, and on the represen
tations of the pilots that, in consequence of re
cent prevalent westerly winds, she could not
be taken with a draft of eighteen feet as high
aa Westover, near Hirrisou’s Bar, in James
river, (whither he designed to take her,) which
they previou.-ly stated they could do
I. The destruction of the Virginia was, iu the
the opinion of the Court, unnecessary at the
time and place if. was effected.
If. It heirg clearly in evidence that Norfolk
being evacuated, and Flag-officer Tattnall hav
ing been instructed to prevent the enemy from
ascending James River, the Virginia, with very
little more, if any, lessening of draft, alter
lightening her to twenty feet six inches ait,
with her iron sheatirfg still extending three
feet under water, could have been taken up to
Hog Island in James river, (where the channel
is narrow) and could then have prevented the
larger vessels and transports of the enemy from
ascending. The court is of opinion that such
disposition ought to have been tnade-OI her,
and if it should be ascertained that her provi
sions could not be. replenished when those ou
hand were exhausted, then the p.oper time
would have arrived to take into consider ition
the expediency or practicability of slrikirga
last blow at the enemy or destroying her.
In conclusion, tbe Court is of opinion that
the evacuation of Norfolk, the destruction ol
the Navy Yard and other public property, added
to the hasty retreat of the military under Gen.
Huger, leaving the batteries unmanned and un
protected, no doubt conspired to produce in
the minds of the officers of the Vi grain the
necessity of her destruction at the time, as, in
their opinion, the < niy means left of prevent
ing her from falling into the hands Of the ene
my ; aad seems to have precluded the consul
eration of the possibility of getting her up
James river to the point or points indicated.
The Court of Inquiry of w hich Captain F.
Forrest is President, is hereby dissolved
S. R. Mallory,
Secretary of the Navy.
THE MISSISSIPPI.
The finding of the Court of Inquiry in the
case of the destruction of the Mississippi:
The Court having carefully considered tlie
evidence in the case of the C S. Mi-eissippi, is
of opinion that the destruction was necessary
to prevent her from failing into the hands oi
ti e enemy.
England Hefustes to Suricuder the Ship
Emily St. Pierre-Piain Talk to the
Lincoln Government.
[From the London Telegraph, May 22.]
A report conveyed by the telegraph from
New York that Mr. Adams, the American
Minister at the Court ol St, James, had de
manded the surrende. of the Emily St Pierre,
is perfectly correct; but, of course, the public
will have anticipated the only answer that could
have been made to such an application. It is
almost necessary to recall the incidents which
gave occasion for the demand. In March last
the Emily St. Pierre was some twelve miles off
the coast oi America, having coins from Cal
cutta, under orders to make tbeport ol Charles
ton, if there should be peace, but otherwise to
proceed to St. Johns, New Brunswick. Here
-lie was encountered by the Federal war-ship
James Adger, and was seized as a “lawful
prize,”, ou the pretext that she had saltpetre ou
board, but with an intimation that the master
migt.t, il he pleased, proceed to Philadelphia.
Mr. Wilson declined amt returned to liis
ship*, upon which his whole crew, except the
cook and steward, were taken Irotn him, and a
prizd crew—consisting oi Lieutenant Stone, a
master’s mate, and twelve men —tvas placed
iu possession, with orders to sail for a prize
port. Everybody will rein,-tuber tho manuet
iu which Mr Wilson laid his plans ; how, wjih
the powerful help o! the cook and steward, he
surprised the Lieutenant and his men ; and
how, some three days after the original capture,
he was again master ol his own vessel, with the
fourteen gallant Federal* prisoners in bi
hands —all effected without shedding a single
drop of blood.
The testimonial present ed to Mr. Wilson a'
Liverpool on the 3d fust, was backed by the ap
piaudiug sympathy oi the whole nation ; for it
was felt that ne had not ouiy done honor to in
race, but had added another to those achieve
ments of our mercantile in irine "hiea have
contributed to its high position throughout the
world. We are now asked to give up the shq ,
aud to let her return to the port from wheue*
she did not come—the intended prize port; but
of course, there is but one answer to such a
demand.
It the vessel had actually been carried to such
a port, its ulterior disposal was not so clear a
question that it cau now be decided by a sort oi
retrospective assumption. The captors would
have had to show, in tho first place, that there
was an intention of breaking the blockade ; and
we have no reason to suppose that they coaid
have been able to bring forward such evidence
as would have satisfied even the most “patriot
te” prize court ; for lu tie absence o! any
proof to the contrary, we are . ;,i to assume
that even a Federal court would ' : suffered
itself to be guided by nothing but the sonstan
ial and legal evidence laid before i . Even il
Mr. Wilson had intended to enter Charleston,
it would remain to ha shown that the blockade
at that pl ica wis effective—i question wttich
many o , this side ot the Atlantic would like to
see deliberately and formally raised, since the
very greatest doubts have exited upon the
subject, not only in Europe, hut in America —
aye, in Washington itsell. Over aud ah-.-t
these leading facta, it would nave been neces
sary to substantiate the correctness of all the
preee, dings in seizing the priz ; and, we re
peat, not one of these subjects can be now set
led by the summary process of c. j ettiro.
The expectations that the commauder of the
Emily St. Pierre and his crew woo and be content
to hark back, to replace themselves in the posi
tion ot captured parties, and to voyage as vol
unteers lor adjudication ia a prize court at
Philadelphia, or any other port of the United
States, is so wild that it surprises us to tied it
even wi.htu the scope of American im tgi.ia
tion. If the officer and his men cou!d procure
the consent of their owners, and could recon
cile it to their own s ns i of du y to-va'ds their
country and its mercantile marine they would
still be'without anv technical warrant for the
act. Tne vary circumstances attending the re
surrender of me re-cap ured ship tnu-t shut i
out of court. Ia the seizure, it was part aud
parcel ot the correctness o the proceeding that
the capture should be success ul. We never
yet heard a naval or military commander who
could claim the crown of laurel, or any other
rights and privileges of a victor, unless he con
sninmated ins victory It has, we know, been
stated recently, under the authority of a very
eminent literary name, that the Emperor N’a
poi on won the battle of Waterloo—"that is,
ne would have won it” if things had fai ea out
differently; bnt we do not remember that any
existing g vernment eipr claimed lor Franc
the right of behav.ng as victor after the 18 h ot
June; <ud we really doubt whether there
ex sts, even in the Untied S ates, age itlenn
u the jndcial beach vh > could listen fora
moment to Mr. Wi son, it he w - i-r< passessed by
the mot.omaiiiacal propens ly to surrender him
self a pro-oner, and invite an atgudication of
the Emily St. Pierre as a prize.
We cau’iot, there:ore, understand what par
pnsi Mr. Seward can have prop >sed to him-elt
in courting publicity ior the transaction ; it has
never be* ti alluded to on this .-Ue uiuti to*
Americans tln-mselves disclosed it ; ami if the
geatletnt-n at Washington had phased, they
might have jet it remain buried iu secrc.-y with
some other amusing es apaues and blued* ra of
the last year and a halt. They were preferring
a request whtch, as it of coarse turns out, the
Executive of this country has no power to
grant, and a little reflection must have con- |
vineed them mat they were only attempting a I
•ailurc. 8 'tne may .-uspect that they must ;
iuive acted with the desire-d creating irritation j
between tne iso nations, hot sticu a conse
qi*-tce ot the blunder is so um Rely 'hat we.
uoubk whether it count have be* t in any way .
intend'd Wbi! a*t o g further information, :
w J .*U ouiy - . - - ih’*: ■; admmistrail >n at j
Washiu'-tua iad acted upon impertect inieili-|
genet*, and tti o i. n z.-ded the demand tn order
l: k . me * h me-- oi compliance it it shonld
•• *. r t refusal if that con:d not be
a*-**, and A* a lev-. ihe reply has been given,
and ii is exactly such as the public of this coun
try. wouffi have expected.
A iFIKg ol Truce#
The Charleston Mercury of Saturday says :
Oa Wednesday, under a flag of true, a writ
ten communication was brought to the lines ol
our pickets, from Geu. Stevens, commanding
the U. S. forces ou James’ Island, addressed to
the Couleder ite commander. Its purport was
to arrange about an exchange oi prisoners, to
get permission to send eluting, le.Ueis and
money to the prisoners and wounded in our
possession, and to inquire about their number,
names and condition, and concerning the dead
inquiry was specially made about seven officers
missing. The communication was polite iu
tone, and stated that the lew (Johfideraie pris
oners aud wounded were well eared lor. On
ihursday the Uoniederate commanding officer
replied, granting permission to make such ex
changes, although at present the enemy get ihe
chief benefit oi the arrangement. Frtusy, 11%
o’clock, was appointed to exchange artieie-s auu
letters, and Capt. King, ol Gen. Samli’s stall,
in iuii dress, but without arms, met Uapt. Luck
under ii ig ol truce, and received ar teles oi
clothing, some letters, aud SBS in gold lor the
prisoners, transferring some in uu-t lor oui
own 'men. Among others was a letter from the
gallant Uaptam Williams, of the Forty-seven.h
Georgia, to his wife. He was mortally wound
ed, and died iu the enemy’s bauds.
Before these arrangements were completed,
contrary to usage, one ot the enemy’s gunboats,
far up the Slouo, ffied eight or ten shots a
one of our butteries, lor winch a note oi apolo
gy, addressed to Opt. Luck, was immediately
sent by Gen. Wright, eommaudiug one ol the
brigades ol the Northern toms ou Janies’ Ist
and, to Gen. Smith, through Gapt. King. It
staled that the firing was probably done througi
iguoraneu of the nffieer ; expressed regret, au
contained au i ffir to make auy proper repaiu
iiou tfiat migh- he desired lor the apparent
breach of good lailb.
Experiments have lately been made at Wash
ingtofi which show, that iion plates are noi
proof against rifle cannon shot. A target com
posed ol six iron laminated plates, completely
riddled and broken up by i wo aud a half pound
leaden balls, is exhibited there.
llusG—Yesteruay afternoon seven m ire ol
the engine ihieVts were hung near this city.—
They were a portion ol tbeparty wf twenty-four
thin arrived irate iu strings a rew days ago.
They were .all Ohioans. We have not learned
their names. —Ailania Confederacy, 1 9th.
POSTPONED ADMINISTRATOR'S SALE.
VI/ILL bes Id on the first Tuesday in July next
v I be ore the Court Home door, in Clinch county,
one lot ot Lau.’, No. 517, contain! g sour hundred and
Ninety Acie, more or me-, in the Sevinth District oi
sod eunity, belong!eg to the estate ot Jeremiah
; haneey deceased. Sold ag eeable to an order of the
Coen of Clinch co n’-.y, fi r tlio benefit of the heirs aud
creditors of said deceased,
Teims made knor.n on the day of pj 10.
ap 11 wid* JOHN M. 01HN0EY, Adm’r
-2,000 Acres of Land for Sale.
.?> Ten miles from the city of Albany, on the
- ''■jS-Jino ot' Dougherty and Mitchell; 90l) cleared
deadened, and ready for a crop next year,
as good as any land in the c unty, end in in as
good a neighborhood as tb<-re i< in the southern coun
try. Terms to suit the purchaser—short time or long
time, or cash.
d f c 21 tvtf CITAB. K. ft ALLART.
Wanted,
the Aupus'a Fait Vannrtcturing C<vrpany an
> experienced man to t; ke charge of a set oi Salt
Works to be erected in Georgia or > outh Carolina.
Re'er to A. F. PLUMB, Se.’y,
my‘9 dSw2 Augusta, Oa.
NOTICE.
A LL Tertons having cl ms again and the estate o'
PI Jehu B. B .mard. late of Liberty county, de
ceased, wifi leave them, ult attested, at the o' ce of
essri-. Ilartridgb dn Chisholm; and ad indebted to
Said estate will tea';,-, payment to
' N. L. BARNARD,
*. A. FLEMING,
my 3 w 6 Quanfled sxeeutors.
Administrator’s Notice.
\Lu persons having demands against the estate ol
John W. Kedy, ate of Obalba county, dec aserl
are hereby required to pre-rant tho sain - wilnin the
time pr-scrib and by law; ani ail persons indebted to
said estate ore required to pay such bid htednese
to Jt*H I D. WILLIAMS,
may 0 Admietrator ad co!.
SCMIVBN SiHEHIkinS SALE.
"ITTILL fe su’d, on ihe fi st Tuesday in July next)
VV before the * ourt Uoi se door iu ih -village o
-y vania, Ke-iven county, within tlie lea! hours o
tale, the ollow tig Property, w wit: One <rvet<f land,
lyi'-e-au! bring s triato in tbe nss’y aforesaid, eon
tainit g -me h mdred c es. mo or less, ho and
di tiPs?ut-hcd as th > “ Hudson Fern Land bone dec!
on the torth-oast by the Siva' na’> riv ;on the sooth
ast h' lands ow ed by di am B r owe! find others
Levied o' oj me to at'sfy a rax fi fa. in favor o
he Kta e of Ge rgt, in tied by James G 'ihompson,
ax i ollecior of nor ven Oounty, for the year 18-il, a
the p/opertv of Fhz both Jones
Pr puffy po n ed out by Jr m e O. Tiiomp 'n, Tax
Codector, .a a fores, id
HIRAM W. Jt'YN'-R,
my?l) and sheriff rt C.
ADJIISISTHA’iIItt’fI SALE.
\ GEEEA Bi.E to an order of the Hnuorable Conn
of < rad nary of Brooks ‘ w.n y, Via., will be solo
on the first 1 iiesday m .(illy next, w tidn the legs
noure ol rale, befor,. the t oral House door of Brooks
ount),Oil.,t wo hundred and fill)-five acres of rand,
more or less, bell g tho foulh half of Lot No. 2 in th
Fifteenth District ol said county Terms on he da)
or sale. ' GEORGE ALDERMAN,
toy B—ld (9) A- min'ratrntor.
NOTICE.
be sold ir front of the Court House and >or
e T in Effingham county, on the that iut'-du\ il
July io xl, be.w on the usual hours ot sale, ait ihe ecu
e.sla o ol An erwo VS illiao s, di eeuseo; containing
145 acres Land an t ail t e improvements thereon, wit
he s dd tor the beuelit ■ t the cr ditore end heirs.
RICHARD WILLIAMS,
my!B—td* Art-, uiisu-ator.
AD.UIMATitATRIX SALE.
BY virtue ot an or er from tho tv*V't of Ordinary ot
T o iiu county, wih be Olu the tirsi TucSrtaj
n Augusi ix , 'Ui" i- tue Co.rt House door, in the
town dt Nashville, jiurricn county, th. betwo n th
usual lo urs ot sate, i.oi of Lan-t No 441), u the Tenth
Disiriui, lie. run cou Ay. cold to periect tit es.
jet!) !w,* E. A. J*>Nn. , Adm’x.
AcHIJM3 I’KATUK’S NTICE.
ALL permufe havingd*mauds tig lust hi esttte o
Btichaul Dirtoa, iate of Ohatlum rounty, deceas
ed, ate requested to pre ent them duly attested, ana
ill persons in.iebiod to bind estate wot ionite imruedi
ate payment to ii.CiIAKD L) aitNULD,
my 2T Sdmlnrtr tor Ad. Hoi.
NOTICE.
N'OTICE is hereby given to sll persons having do
mauds aouiust iVtlttaai Giles, late of Ghatuatn
couulj, deccaseit, i. ,1 ti o to me,duly attested,
within Ure time prescribed by iw ; aud ad persons in
dented to said deceased are heresy required to make
immediate payment.
W'LLiAM GEE''CNF,
tjuaiittod Executor.
Hava, isrefa 7. 1862.
NOTICE TO KEarOHSANB CREDlT
hit’s,
, \ EOEGi A—iJif-KiKo OOUNTY. —All persons in
ajf deb.t'J i" the estate ot Nnltian D. Jones, do
eased, are request' and to make immediate payment,
*
will pieas.-. pi usent them wiun:i the tuuo prescribed by
:a*r, property aatliouMCttted, u*r , ayamu:
deed (6) At \ Ltd it -l - * rtui’r.
NOTICE iO DLiITORs AiM> CRRUI
'A'O.'tN.
ALL piTsona indebted to George W. Brown, late ol
Thom,is County, deceased, are requested to make
immediate payment; aud tuo.su having claims against
said deceased, are required and noun ;d to present
h -ui, duly au.heuticated, to me, wi bin the tune pre
usnued by law. *■ wM. i*. Uau N, ssui’i.
•"Ortl
NOTICE TO iIRMiOKS ANI tHtffilT-
O XN,
ii ROUUI A—i)EG Ks HOUR-i’Ji.— Ali persons IL
vJT 'ieo.ed to me estate ot J. T. A. Newleu,deceased
.*rc uereoy ru.piiis.'.’U to mkkouamuui&le payment, an*
til porsons u.vm , demauds a.ahosi eaet estate wilt
~lease predcat .uc.u #u:uc tec time pi ..'.l>uJ tty at,
.-reperty ..-j'.:jeuue.-ted, ior payment.
Ilocti td) • Hi- I tLliske X'lin'r.
EXECUTViDS NO TICE.
A LL person bav.ag demands tg-ius. me estate ol
XI .irs. .uiga et uibn. a., m vJuatiiain cmuly,
ducea td, are rr quested Ui preseu* t ,em ouiy tested,
aud at! persons mile Hud hi said plate are required to
make immediate . ayme it- _
Ri.uiAED D. ARNOLD,
my 27 Qdaltfle-) r,x t iw.
GEOttbl A— BRO*i£B COUNT —T< ali whom
it iiisj concern: , / .
VS'jjm *>f II wt‘ rn;e. to me
to- letters m Artmni.srra'-v'.* *o Or- estate of Win. U
Brown. Ufa* •' ••'•'•I ••“’?i 4"<wa-ed :
To -ear-. :i;~r" "ifc u> "! • and unmin ish .gl f.arlle
tn'sereafe'i. w Ge’ber kmtire<i ' o pqow
(il uy the* hav.q, wrttri' •-he um. orescriiie.l by law,
wh. totters b":rt cut he srran*a*rt '<• *■■! a|.piica.*iL
AM::,,:* my band sr.J "fllci - st&na-.urw Hus 24 Du
ocujlier, IfifaL AtJGr/fi tii iflCiHOil,
s f6i Or.t.nr.r*
i ifchiiNl .I—Uofivu Lev: r- —To all
(Y whom H “-a? tonoera :
Vt beress, G .Sew. -rn ha- applied Pi me for Lct
i**rs "I Artmii.istralio. o*i fa.*- t-.uU: "I St-aheru E
ijaotingen, iate sairt county, rtccbased :
Pm se are. tfieretofe, to ute I.ii'i o*!ui"i.i-u ail ptrtlu*
interested, wheuit-r kindred or cred isjrs, to show
cs'iso, i. they h.re, within the tireo i-ieweiiNM oy
la v, wtiy Letters -uould net b granted to said appli
es!)’.
ft 1 .lie-*.* my saari tins Pehraary 34, 1542
■I L. .Wi/j-ef A-<, U/dlnary dutch Cn.
h
| > fcuMfal v—ttliUOKS COU&l Y.-ihe heirs-, t
VT law oi r iiza - tli mil l, laie oi ui i count and
3; te, ceased, are and, si:e Ito lake n lice ih.. I ihe
tii ol said . eceasert will 1.0 ■ ffe u for pr .*ate, before
ti e Court of ordinary, on ue fl s- Monday in Jaly
next.
Given under my bu* *i inis !2lh May, I?6C
mv io Cos A NSifT- si* ICR* ■ * < i-.il-'ftrv
lot i a.iiifc.
, 6E.; [•:: r ei. r*a .*' ■-s . *t> :• .a, lip
A la** * i a- at <u>u laa-tij.. ally iu GwrgUt, !t
--on- taifa U ail road tw i.ty oyr. r above At
ari ta Erie* *' ,uv; *ne bait cash, .h other ih no .e,
well recured with interest For particalara, addr, ea
Box ITS, Marietta, Ga. dtwAw tf dec 25
EXEC’CTOit’S
ALL persons having demand
Mrs. *arga et -> a i, .i. on er tne
sum •, atte-ted, wnh.n tue ’!. p.eacartßtid —#s a “ a
those indebted wih make payment to '
WILLIAM J. BULLOCH,
my 30 dxer-utor.
NOTICE.
ALL persons having demands against the estate of
Martin SuUivau, late of Chatham county, Gm, de
ceased, will present the same, duiy certified, wtthm
Ute lime prescribed by law; and all persons indebtod
to the same will make immediate payment to
JUiIN R. JOHNSON,
a p 29 Administrator
( TioiiC I a—CLINCH COUNTY.—To all whom
\JT it may concern: , • „ .
Wheteas, Wilioby Howland has applied to me lor
Letters of Administration on the estate ol Lewis lb"*
land, late o) said county, deceased:
These, are, therentre, to cite and adtaflEh all pat
tics interested, alieliier kindred or show
cause fi, Hjij they have), within the limt flWHtrinu.j by
laww, by let.eis should not bo grantee W lain ap
plicant.
Witnessim hand this 16th Jacuatot, 1562.
J. L MORGAN,
Jan 17 * Ordinary Clinch count'..
(ri EOiIOIA—LIBERTY COUNTY —Toali whom
vJI it may concern:
Whereas, William Watson, Administrator jpoh too
estate ol ilozekiah Itev.ras, late of said county, de
ceased, will apply to the Court ol Ordinal)' <■■ this
county, for Letters Dismissory :
These are, therelere, to cite all concerned to flic then
objection (if any they have,) in terms ol me lav .
liber wise said letters will he granted.
Witness W P. Girardeau, Esq., Ordinary tor Liberty
maty, ti is 61h April, 1661.
ra HI W V GIRARDKAL. o. h. o.
/ t EOStOIA—BRYAN COUNTY.—To ail whom
V-T it may concern:
Whereas, John D. Clanton and Mary Tora, Admin
istrators with tho will annexed on the estate ot Jim s
'fowls, laift of Bryan county, deceased, will apply o
the Court of Ordinary ot Bryan county lor Louers of
Di amission irom said estate:
These are, thereiore, to cite and admonish all aud
singular the kindred and creditors oi said estate, to file
their ooiection. til auy they have) with said court, on
or before tbe Ursl Monday in Juiy cuxt, otherwise sari
letters wiii be issued,
W itness, Wm. H. Haymans, Ordinary lor Bryan 00,
this 2ist day of December, IS6I.
dec 21 WM H. HAT - A NS. o B. O.
Cri EOiIA—OUNOU COUNTY.-lo a!) whom
I ii may conoru:
Whereas, Jonathan Knight has applied to me or
Letters oi Administration on the estate oi barah Joyce,
late of said county, deceased:
These are, thereiore, to cite and admonish all parties
interested, whether kindred or creditors, to s tow
cause (if any they have), within the time prescribed
;>y law, wu> letters should uot be granted o told ap
plicant.
Willies* my hand tins 13tn January, 1562.
.. L MO KG APT,
jau 17 * ordinary Clinch county.
C 8 BORGIA LIBERTY COUNTY.—To all
Y whom it may concern:
Whereas, Jane L. u. Harden will apply at the Court
ol Ordinary lor Letters Dismitsory, as KdminisLatrix
oi the e.tate oi Dr. John M. B. Harden:
These are, thereiore, to cite and admonish all whom
it may concern, to be aDd appear before said Oouri to
make objection (if auy they have), ou or before tlie
drsi al outlay m eepteuijer next, otherwise said letters
will be granted.
W itness, W. P. Girardeau, Esq., Ordinary for Liberty
county, thw 6th day of March, fs62.
niar -1 W'. P. GIRARDEAU, o. L. o.
NOTICE.— Three months after date, application
wni be made 10 tile Piauteres’ Bank oi the c.ate
and Georgia for the payment oi a iilty Dollar Jill, i.v -
er A, no. 43u, datou January lsi, lbsß, sigued " Geo.
A. Ande.sou, Prose” The Leil t.all ol sad note hav
ing bcOu lo.t ,u irausmissiou by mail trout uns piaue lo
data r opring, ula.
JOHN W. 9LEMIPTEK.
■<V. Cin Wn-nb 2fl 14. mar so
Sts.l-rtaouas OOUNTY.—to on who
it may c ncer'i:
liereas, George Vlderman this day made applicali
a> me tor letters ■' Aduiims ration on the estate
J. T. A Newi-ui, late ol said uiuut), deceased:
These are, there.ore, toctie and admonish uil parties
interested, whether kindred orC:editors, ur sh ■■- cans.'
,il any liiey it..ve), within the time pre.crined ny law,
ffiy letter) slioulu not be granted to said applicant.
Witness my hand and official signature mis 2d lie
ember, lHhl. aNgUB (jlUßiilbON,
ra- *■ (5) i Tdnvirv
aLOKuiA —ulidoJis OOUAI Y.—i’o all waooi
it may concern .
W hereas, Berr.au Folscm this day makes applicuti u
ome lor (setters of duxiuisti atiou ou the estate of
loin; M Ful om, late oi sum oouniy, dtceas- and:
iheiea.-e ti.erelore, to c to aud adinonl&n the kin
dred aud creditors of said deceased to oe ana sppi ar
at my office, to file their objectio-s ft! a, y they ha-.e),
.vilhiu the time prescribed oy law, otherwise fitters of
iduiuus ra io i will be granted to said applicant
Giron under my hand this the Zulu daj ol VI a fell
ibo'2.
mar 28 • ANGUS MORRISWN, Ordiuurv.
i lEOItI.IA—WARE COUNTY.—'ToaII whom it
Of may concern:
Wherta-, Jesra Dean, of said State and county, ap
plies to the Ordinary lor Letters of Administration on
th-i estate of csaul Dean, oi said butte and county,
deceased:
'These are, therefore, to c’to and admonish all and
singular the kindred arid creditors of said deceased to
>e and appear at my office, withi the time prescribed
q law, and sb >w cause (il any they have) wh> letters
ot adm n.stration should uot be gtanied to said aipli-
C-Ilt.
Given under my hand and official signature this 25th
da" o opri 1802. DaNiEL LOTT,
my 2 * ep <*r in ary.
/ AkUHGIA- ITKKdE oOUNiY. —i’o ali whom
OT it may ejmeern :
Whereas Will aru Odettes having filed Hs petition
in pr'per Imm tom*-, piaylng lor Letters ol Adtnints
ir tuin, de bouin non , with the will annexed, on the
Estate m W i ban Eady ;
Thi is to cite ill anil singular those legal y iiibr
esttd in the execution ol this application, credit" s,
legatees, next <i I kin, and all others miert sted, to be
and appear at die tiex. tuly term of the Court of Or
dinary of said county, tind show cause, if any the) can,
why Letters of Administration, de lionig non , with the
wilt annexed, should not be gra -ted to the saiu Wil
liam Ooettee.
Given under my hand and official signature, this 3d
day of June, 1862.
jtf 6—Bt)d L. H. GBEENLEAK Ordinary.
( 8 EOKGI A—LIBERTY COUNTY.—To ail whom
VT it may concern;
v, liereas, D-niel F. Sullivan will apply to the Court
nt Ordinary tor Letters ol Administration on the estate
of h. H. Baxter deceased:
These are, therefore, to cite and admonish all whom
it may concern, to be and appear before said Court, to
nuke objection (il anv they have,) on or before the first
4ondtiy in Jury next, otherwise said letters will
he granted. '
Witness VY. P. Girardeau, Esq., Ordinary for Liberty
jounty, this 81si day of Way, 18j*2.
te 4 W P. GIRARDEAU, o. 1.. o.
rAKOHGU-BBIAI ODUNTT—To ail
1 J whom it may concern :
Whfheas, Benjamin Br gg will apply to tho Court
> tlrdiuary for Letters oi Administration upon tho
estate of John Ilobb-s late of Bryan county, deceased.
these are. ’here nie. m cue aim admonish all
and singular He kindred and creditors art" those in
ter, sieu io file their objection (ft any they have,) witft
said ourlon or before the lira! Monday in July next,
ttherwise said Letters of Administration will be grant
ed
Witness, Wm. H. Ha; mate*, Esq , Ordinary lor Bryru
o'i"ly. this sih day "t June, 1562
J*6 * WM. H. HaYMANH. O. B. O.
NOTICE. —Six months after dute, application wit
tc made to the Court ol Ordinary of Brooks
County ior Letters of Ditmissi' n tor J. T. A. Newton,
late ot said county, deceased irom tho estate o James
Newton, late ot said county, dt-ccasod Applicant n
made by oeotgo Alderman, Adminisirator. this !2rh
day ot March, r 862.
msr'T AN-fTTH MORBTSniV, Orrttnarc.
i 1 HO KOI A—BRYAN COUNTY.—To all whom
VJT it ma. ctittcern :
Whereas, T. F. Alexander. Admln stralor on tho es
state of ZacharUb Fateh, will apply to the Ooitrt ■>(
Ordinary ot Bryan county lor Letters of Dismission &r
Admmistra tr on said estate
These are therefore, to cite aud admonish all and
singular the kindred and creditors or said estate, to tile
their objections tit any they have) with said Court, ot.
or before the first Monday th July next, otherwise L i
- ol Dismis-ion will bo granted said administrator.
Witnosa, Wm H. Daymans Ordinary Bryan coiuhs
’hts 21st Deceaihe.-. 18**1
dn2S , WM H. BATMANS, o n *
Georgia— brooks county.—To an tv om
it uiy conce n: '
Wh reus, John De k bus applied to me fo: Let
ters of Act imslrabon on th" estate of Alexander R.
Herring, late of said oouuty, dec-saed :
ih.be a e, there!, re, Uj cite and admonish al!
ant singular Ihe kfri red a. and creditors * f reid do
ceased to show cause (i any they cany why letters
should not ba gratae std applicant.
v> itnesß my hand bis 2d Junr, 18.2
p. fht sk'HTTk W UK I ON, Ordinary
a —w iRK COUNTY.—To ah wiimu
\JT It may concern :
tVher as Jo.eph J. Dawis. o f said State an i connty,
ap. tie - ior Letters I Admi isl*a ion on the ctale "■
L r > Davis, la.eof said couu'y, deceased
These a*e, ih reforc. to cite and Admonish all ami
singular ih • kindred and creditors of said Qeie ee.d lo
be an 1 appear at my office, within the time preecr i> and
by law. ad show cause U' any tiny have) why letter*
o edmicistratiou th uld in t i*s e to said applicant
Given under my baud bud official signatuo tin* 25*.h
day oi A,.ril, lt>62. DaNIKL LOiT,
mj 2 * l ep Ordinarr.
GEffKGIA —Llßii/R'i Y COUNTY.—Aoati wnom
il may concern:
Whereas, Chariton Hines, Ex* cutor of the . stat o'
Lewis - iues, late of Bryn coutuy. deeea-od, make
upp ication to ne Court oi Ordinary ior Letters oi loss
outsort irom sa:d estate:
These are, therefore, to cite and admonish ail wju.m. p
may concern, to be and appeal beiore said t our m;
make oejecUou (il any they tuivey, on or befnr* :• ;
Sr-t Monday in November next. Otherwise said letters
wil' he granted
Wither a, V,. t\ Girardeau, Lsq,, ordinary tor Liberty
"ctmtj, this 16i.ii day ol A,ril. 1b1,2
i. 2i w P rtlhsßhkAll, i* un.
I EotiGl A—LIRLRTi COUNT Y—To aU G.,*
\ I it n.ay cone* ra:
Whereas, Cap aiu W. B. Norman has applied to me
for Letters oi Aim lustration te boots non cum D
- imento annex" on the estate of James VV,lson Winn,
late o said county, deceased .
These are, therefore, to cite and admonish sa par
ties interested, whether kindred or creditors, to s„.,w
cause (if auy thev have), within the time prescribed by
law why said tetters should not be granted to -aia
applicant. '
Witness my hand this Ist cay of April, 1862.
ftf ) W. v. MHAiluKalj. q, e c
V VTlflK,— three moult,- a ter date application
ii will be made t*i me Planters’B&nk for payment
of a Twer U Dollar bill, No 856, Letter B, tu :eft
hand ha 1 of winch has been io*.l in transmission by
nmi! .1 )HN M B. l-OVELU
m*r *k
]VTTIGE.-To no as altercate, appiisai.n
i.’l will * made to tie . curt O' O dinary of Clinch
U unty or leave fa* s Ii ah U.e land of Beaborn 14.
L stenger, ate cf Clin h c* uu;y, deceased.
6 W. SEW BERN, Adm’r.
June 2,1962. je 5*