Newspaper Page Text
Mon in tV Habeas Corpus Case.
CORRESPONDENCE.
, Macon, Ga., Aug. 26, 1862.
in. O. A. Loch rank, Judge Sup. Court:
Sir.—The undersigned, officers of the 69th
Regiment, have the honor to request that you
will furnish them for publication a copy of the
able and interesting opinion this day delivered
by your IIonor„iu the case of the writ of Ha
|^1'* bean Corpus, sued out before you by Jeremiah
^McKinney, a private in Capt. Ells’ company of
[Artillery. The publication of this opinion at
l this moment will, in our judgment, be produc
tive of good to the public service, and therefore
hope that your Honor will comply with our re
quest We have the honor to be,
Very respectfully,
Your obedient scrv’ts,
Jace Brown, Col. Com. 59th Reg.
Gio. R. Hcnter, Lieut Colonel.
Chas. J. Harris, Major.
B. II. GiK,Capt. Co. A.
Wm. H. Ficelikg, Capt Co. C.
I>. C. Smith, Capt Co. D.
B. L. Brown, 1st Lieut Co. E.
H. Marshall, Adjutant
Macon, Ga, Aug. 28th, 1862.
Col. Wi nter, Pres’t Court Martial,
and Officers o< this Post:
Gents:—The judgment delivered by me in
the case of McKinney is at your service. I
thank you for the compliment conveyed in
your request, and am, respectfully, yours,
O. A. Lochrane.
CASE OF .1I< klN.IEV,
Tried be/ore O. A. Lochrane, Judge Superior
Courts Macon District.
Jerry McKinney, j
tX Te ^tJ tC '' I Writ of Habeas Corpus.
W. T. Anderson, Ac. \
This case, from the fact of resistance to the
execution of the writ, has created a wide spread
interest in the public mind. The conflict be
tween the civil and military authorities elici
ted a most painlul apprehension, to which the
condition of the country signally added. These
considerations, as well as the newness of the
question involved (for we have seen no case
like it) and its interest to all classes of society,
will constrain me to go more at length into the
reasons and authorities supporting my opinion
than, under ordinary circumstances, 1 would
have done.
mand that the State courts should, in casl
properly brought before them, give iedress.1
In Maryland it was held, “the State court had
jurisdiction to issue the writ and decide upon
it."—2 Wheeler, cr. cas. 576.
r In 1821 it was held by the General Court of
Virginia that the writ of habeas corpus may be
issued by a State Judge on the application of
any party, who, by proper affidavit, shows pro
bable cause that he is unlawfully restrained of
his liberty.”—Serg’t Cons. Law, 286. This
doctrine was reaffirmed in Virginia in the caee
of Pleasants, 11 Am’. Juprisp. 247.
In Massachusetts, where Judge Kent’s opin
ion was quoted to the contrary, the court an
swered, “This court has authority, and it will-
not shun the exercise of it on proper occasions,
to inquire into the circumstances under which
any person brought before them by a writ of
habeas corpus is confined or restrained of his
liberty.”—11 Mass. Rep. 68, and this principle
of the right of a State court to grant the writ
in such cases was maintained in 11 Mass. 67,
24 Pickering 227, 7 Cush. 285.
In New Hampshire the same doctrine is al-
firmed: State vs. Dernick—12 N. liamp. 197,
and final.y Judge Story says: “The right of
all courts, State as well as national, to declare
unconstitutional laws void, seems settled be
yond the reach of judicial controversy.—2 Sto
ry’s Com.
The legal principle running through all the
cases and decisions we have been enabled to
ilitary character, and its powers to
nisbmeot are co-extensive with its
Z— Gilliam, 761. When it exercises its
Yrers within the scope of its jurisdiction
courts of habeas corpus will apply the same
rule which they will to other courts, and
“the fact of a judgment rendered by such court
in relation to any subject matter within its ju
risdiction appearing upon the return, the pre
sumptions are in favor of its having sufficient
evidence before it to authorize it in awarding
such judgment; and the judgment itself will
be sustained until reversed or impeached for
fraud.” This is the uoctrine laid down in 10
Geo. 371 and in 7 Geo. 362. A court of Ordi
nary—a court of limited jurisdiction, the rule
is laid down, when it appears “the court had
jurisdiction of the particular subject matter,
the judgment will be conclusive when offered
in evidence in any other court, and canDot be
attacked collaterally.” And applying these
rules to the return before us, when the cause
of imprisonment is shown and it appears to be
by process of a court of competent jurisdic
tion, the prisoner will be remanded. “I should
deprecate," said Justice Johnson, of South
Carolina, “ even more than the repeal of the
habeas corpus ait, that state of things in which
tribunals, without forms of law, would be per
milted to review and control the judgment of
each other ad libitum. The habeas corpus act
certainly confers.no such power. Its object was
to secure the citizen from illegal and arbitrary
see on this subject, is as to th^,jurisdiction of imprisonment, and the wildest speculations
the Court ordering the commitment. Where the I have never yet carried it so far as to subvert
law, under which the Court acted, is unconsti- ' law and order.”
tutional, or its judgment, for want of jurisdic
tion, is void, Slate Courts have not only the
right but it is their duty to interfere. The ju
risdiction of a Court on the return to a writ of
habeas corpus over a proper jurisdiction, to ex
amine into the proceedings on which it acted is
not embraced in the proposition we lay down.
This question will be met in its place. The
doctrine of the right of a State Court and its
right oljurisdiction, is, in the language of Hurd
on habeas corpus (a book which has facilital
the Court in ttie expression of its opinion,)
cible from the fact, “A sovereign State
right to be informed why any ol her ci
arc imprisoned, simply because it is herdi
set them free from all illegal imprisonokat.’
Having established the right in this Court to
issue the writ, we will briefly proceed to apply
the law to the case belore us
In this case, counsel lor prisoners, Col. Ruth
>fHurd ac
ilitatrCl of
ifW
The appellate courts on writs of error will
not go this far. The limitations of reason and
law are side by side, and stand ready to main
tain law and order. In the Supreme Court of
Georgia (9 Geo. Rep. 535) it was held in a case
of habeas corpus upon a return to the writ,
showing the Inferior Court had jurisdiction
over a tree person of color, but who claimed he
was a free white person, “that he was detained
according to law, in pursuance of a judgement
of a court of competent jurisdiction, and that
his court could not enter into the question
bether he was or was not a free white per
ion.”
The return shows that the prisoner was tried
by a court martial, for the commission of an
offence appearing upon the record within its
jurisdiction, and the question of jurisdiction is
the question of the case in 9 Geo. 535. The
Supreme Court would not go behind the judg-
The first question raised is on the right of a order it and appoint its officers under Art of
State court, no matter how high its functions
or authority, to issue a writ of habeas corpus
in cases of commitment or detainer under the
authority of the ConfederateStates. This ques
tion is not novel. It has been the theme of |
judicial controversy during the existence ol
the government of the United States, and de
cided differently by the several Judges—some
maintaining, while others disclaimed the pow
er. It was disclaimed in Georgia, at one time,
but afterwards recognized. It was disclaimed in
South Carolina. In New York, Chancellor J.
Kent disclaimed the power, while in Maryland,
erlord, moves to discharge McKinney on the ] ment, if rendered by a court of competent ju
coming in of the amended return. The return j risdiction, and we lay it down as a proposition
now before the Court, shows that McKinney, which the weight of authority sustains, that
a private in the Confederate service, was tried j the judgments of a court martial in a case in
tor the violation of a r, v ary law, contrary to j which their jurisdiction is competent, must be
the 9th and 99th Rafis and Articles of War, j respected and treated with as much formality
setting lorth the ac', place, time and evidence, as those of any other court of competent juris-
The sentence of the Court Martial is not before diction, and are just as conclusive and binding.
In 15 Vermont Reports 170, it is laid down
“that the judgments of Court Martial are con
clusive like those of any other Court, unless
some defect in regard to their jurisdiction is
shown.” n*
Courts Martial being courts of luKted. not
inferior jurisdiction, must pursue the line of
their jurisdiction strictly, and if it appears they
have taken cognizance of a case w
me. The return also shows the manner of the
trial, that the Court Martial was convened by
order of Major General Pemberton, who com
mands this department, and had the right to
War, Sec. 65.
An objection is here raised which we may
operly dispose of. Under the authority in
ID Johnson 7, where there was a defective or-
Raniloljjl) <&juntg ^botrtiaementff
QEORGIA, RANDOLPH COUNTY:
, Martin II Hall appllssto me for Letters or Admin
iitration on the estate of Marcus L. Hall, late of said
county, deceased:
These are therefore to notify all persons interested,
to show cause by the first Monday la October next why
letters should not be granted to slid applicant.
* „ T. R. STEWART,
*ag M Ordinary.
rjEORGIA, RANDOLPH COUNTY:
u Richard Davis applies to me for Letters of Admin-
istration on the estate of Joseph S. Davis, late of said
county, deceased :
These are there’ore to notify ail persons interested
to show cause by the first Monday in October next why
letters should not he granted to said applicant
August lath, lsoi • T. W. STEWART,
1 « Ordinary.
n EORGIA, RANDOLPH COUNTY :
, All persons having demands against the estate or
James Sharman, late of said county, deceased, will pre
sent them to the undersigned duly authenticated ac
cording to law; and all persons indebted to said estate
Cegal Notices—<Era©for& (Sauntg.
fJEORGIA, CRAWFORD COUNTY:
Whereas Mrs. Sarah Gardner applies to me for Let
ters of Administration on the estate of Matthias L.
Gardner, oi said county, deceased ;
These are therefore to cite and admonish all and
singular the itlndred and creditors ol said deceased, to
be and appear at my office, within the time prescribed
by law, and show cause, if any they have, why said
letters should not be granted.
Given under my hand at office, August S7th. 1*62.
aug 30 JAMES J. RAY. Ordinary.
Whereas Elbert Peacock applies to me for Letters
of Administration on the estate of Wilson L. Fowler,
late of said county :
These are therefore to cite and admonish all and sin
gular the kindred andcredltors of sail deceased, to be
and appear at my office within the time prescribed by
lsw, and show cause, if any they have, why said letters
should not be granted.
Given under my hand at office, August 27th, 1862.
aug 30 JAMES J. RAY, Ordinary.
Ccgal Notices—Ribb (Sanntn. Cegal Notices—Cjoubton (Bounty
rjEORGIA, BIBB COUNTY :
Y Whereas Mrs. Matinda M. Shinholser applies to
the undersigned for Letters of Administration upon the
estate of Thomas Shinholser, late ol said countv de.
ceased:
These are therefore to cite and admonish all and sin
gular the kindred and creditors of said deceased, to be
and appear at the office of the undersigned on or before
tl e first Mondayin October next, to snow cause, if any
they have, why Letters of Administration should not be
granted the applicant in terms of the law.
Given under my hand and official signature, this Aug.
ust 38th, 1362. W. M. RILEY, Ordinary.
e payment.
IRMAN, Ex
G eorgia, Randolph county •
Application Will be made to the Honorable Court
of Ordinary on the flrat Monday in October next for
leave to sell the negroes belonging to the estate of Jamea
F. Lanier, deceased. B. T. LANLEU,
an* 7 § Administrator.
G BOBGIA, RANDOLPH OOURTT:
Notice ia hereby given that on the first Monday
in October next, application will be made to the Hon
orable Coart of Ordinary of said county for leave to
sell the real estate (and negroe.*, if any,) of the estate of
H. A. Graham, late ol said county, deceased.
John t. bkown.
aug 7 Administrator.
G i EORGIA, RANDOLPH COUNiY:
I All persons indebted to ihe estate of B. A. Gra-
tam, deceased, are requested to come forward and
nake immediate pajmtut; and all persons having de
nands against said estate will present these demands
culy authenticated within the time prescribed by law,
lo the undersigned, or to T. K. Mew art, Esq
JOHN T, BKOWN.
aug 7 Administrator.
G eorgia, Randolph county :
Whereas David Jones. Administrator on the es
tate of James Jones, deceaaed, applies tome for Letters
of Dismission from paid estate:
These are therefore to cite ail Iversons concerned to
|be and appear at the Court of Ordinary to be held for
the county of Kando.ph within the time piescribed by
law, to show cause, if any they have, why lewer* may
not issue.
■Given under my hand this 12th day of May, IS62.
may 14 T. R. STEWART, Ordinary
GEORGIA, CRAWFORD COUNTY.
Whereas Samuel B Burnett applies to me for Letters
of Administration on the estate of Benjamin F. Wil-I
llaras, deceased, late of said connty
These are therefore to cite and admonish all and sin
gular the kindred and creditors of said deceased to be
and appear at my office within the time prescribed by
law, and show cause, if any they have, why said letters
should not be gianted the said Samuel B. Burnett.
Given under my hand and official signature, this Aug
ust 18th, 1862. JAMES J. RAY, Ordinary,
aug 21
rjEORGIA, BIBB COUNTY :
. Whereas Nancy Parker applies to the undersigned
for Letters of Administration, with the Will annexed
upon the estate of Absalom Jordan, late of said county’
deceased:
These are therefore to cite and admonish ail and sin
gular the kindred and creditors of said deceased, to be
and appear at the office of the Ordinary In laid county,
on or before the first Monday in October i.ext, to show
cause if any they have, why letters of administration,
with the W ill annexed, sh. uld not be granted the ap
plicant.
Given under my hand and offlc T al etenaturo this Aug
ust 30th, 1802. W. M. RILEY,Ordinary.
a-g 30 .
p EORGIA, CRAWFORD COUNTY :
^ Whereas, Nancy J. Bryan applies tome lor Letters
of Administration on the estate of Martin E. Bryan,
late of said county, deceased :
Taese are therelore to cite and admonish all and sin
gular the kindred andcredltors of said deceased, to be
and appear at my office within the time prescribed by
law. and show cause, if any they have, why said letters
should not lie granted.
Given under my hand at office, August 5th, 1»62.
aug 12 JAMES J. RAY, Ordinary.
G eorgia, crawford county :
Two months after date application will be made to
I the Ordinary of Crawford county for leave to sell the
negroes belonging to the estate of Kinchen Martin, de
ceased, late ol said county, this July 30th, 1862.
aug 2
JitEW J. MARTIN,
JAMES U. MARTIN,
JOHN F. MARTIN,
n EORGIA, RANDOLPH COUNTY :
u David Jones, Administrator of the estate of James
Jox.es, deceased, applies to me for Letters oi Dismission
from said adminictraiiou. Therefore all persons con
cerned are hereby notified to show cause on or before
the first Monday in November next, why said applicant
should not be dismissed.
■Given under my official signature May 3d, 1062.
[may 3 T. R. STEWART, Ordinary.
Jfgal flotias--Houston Conntn
Notice.
j^IX’l Y DAYS afterdate, application will be madeto
_ the Honorable the Ordinary of Crawlord county, for
have to sell all the lands belonging to the estate of
Abraham Rickersou, late of said county, deceased, this
22d of July, 1662. j §■
July!
late Vi raiu . v , uvvLarvu,
WHITFIELD K1CKKK80N,
Adm'r do bonis non with the will annexed
NOTICE.
IXTY days after date, application will be made to
J the Ordinary of Houston county, for leave to Bell
tbe land of Jacob Skipper, late ol said county, deceas
ed, for tbe benefit of the heirs and creditors of said de
ceased. BARNET HOLLKMON,
aug 2d Administrator.
NOTION.
IXTY DAY’S after date application will be made to
the Ordinary ol Houston county, for leave to sell
the residence and lands of Dr. John Fordham, late of
said county, deceased, containing about 13U acres of
land. UKOKGK M. T. FKAG1N,
July 11 ’ Administrator.
S 1
tppei
„ without their
gamzation oi the Court by reason of the ineg- jurisdiction, or proceeded irregularly in pursu-
ulanty ol the appointment of Judge Advocate,
t is contended that the highest officer present
at the Poit, to wit. Col. Jack Brow.., must
preside, and though he is not named in the or
der of General Pemberton, nor was present at
the Court Martial, it is said he must be, to con
stitute the Court Martial legal. In tbe opinion
of the Court the objection is groundless. Court
Martials are held in front of an enemy’s lines,
l’tie certainty and promptness ol punishment
_ ce of it, their acts will be set aside.
In the case of Meade vs. Deputy Marshal of
Virginia 2d Wheeler Cr. Cas. 569, it appeared
in habeas corpus that the Petitioner was de-
JOHN SMITH
FLOYD SAW
in i Rule Nisi to Foreclose Mort-
V gage in Houston Superior Court
i YER.) April Term, lsb2.
Virginia, Pennsylvania, Now Jersey and Mas are necessary for the proper subordination and
•„ . j ,n ’“ K *"“ discipline of soldiers. A way from the restraints
ef civil law, military law is a necessity to main-
sachusetts, it was maintained. The courts have
been uncertain and unsettled on the subject,
and the differences of opinion among the Judg
cs of the States alluded to, gave rise to collision
and conflict between the respective jurisdic
tions. A brief glance at the opinions referred
to will illustrate. In Georgia, State vs. Phine
and vessel, T. U. T. Charlton 142, the Judge
held “that it (the Court) possesses no jurisdic
non in the present case. The powers given to
the Justice and Master are derived from the
law of the United States, and whether exereis
ed properly or improperly, by the one or the
IT apjiearing lo the Court, by the petition otMohn
Smith, accompanied by the Note* Had -Mortgage Deed,
that Oh the 2itu day oi May, 1»61. the defendant Floyd
Sawyer made and delivered to the Plaintitf, his three
promi-sory notes, each lor thirteen hundred and thirty-
three dollars and thirty-three cents, with interest from
PNNNNBHHHNNPHPNNMNIIHNPNNNdate if not punctually paid. And that afterwards,
, ■ „ i - ' ’’TT the day and year aforesaid, the defendant, the better to
tamed in CU-tody on account of non payment »ecu.e the payment ol said notes executed auddeiiver-
of a tine of $48, assessed by a Court Martial, j ed to the I’lalntill his Deed of Mortgage, whereby the
and that the court proceeded without notice— said Defendant Mortgaged to the said PJalntifl lot ol
,,. T , ,, ", ., ] land, number seventeen (171 in the tilth (5th) District
Lh. J. Marshall said, ‘1 consider its sentence of said county of Houston, containing two,hundred anc
as entirely nugatory and do therelore direct I tWu and one half, (ihtk) acres, more or less. And it
,v,.. D _ , i r ., , further appearing that said Holes remain unpaid.lt is
the Petitioner to be discharged from the custo* therefore ordered, that the said Defendant do pay into
dy of the Marshal.” "
r'l EORGIA, CRAWFORD COUNTY :
Vjf Whereas William G. Prator, Executor of the last
VVill and Testament of John Dorough, late of raid coun
ty deceased, applies to me for Letters Dismissory from
said Executorship :
These a e therefore to cite and admonish all and sin
gular tbe kindred and creditors of said deceased to be
and appear at my office within the time prescribed by
law, and their objections file, if any they have, why
said letters dismissory should not be granted tbe said
William G. Prator.
Given under my band and official signature, June 2d,
1862. JAMES J. RAY, Ordinary.
junefi
(Legal iSotires—Jones (Hauntjj.
r;EORGIA, JONES COUNTY:
Ordiuurv’s Ofllce, at Chambers, August 26th, 1862.
Whereat*, Jo*ei>h K. Bullingtoo and Jame* A. Blow,
aopir to iue for Betters ot Guardianship of tbe minors
or Richard Blow, deceabcd :
The?e are therefore to cite aud admonish ail and sin
gular, the kindred and ere litorf*, and all other* concern
ed, to abow cause, If any they have, at this office by the
firet Monday in October next.
Given uuder my hand at office Augaat 28th, 1862.
aug 30 ROLAND T. ROSS, Ordinary.
Hurd 364
The full force end authority of our judgment
in this case, is still more clear, by brief refer-
Court on or before the first day of tbe next term there
of, the principal, interest and costs due ou said notes
or show cause to the contrary, if any he can. And that
on failure so to do by said Defendant, his equity ol re
tain the efficiency, lorce ami organization of ence to the powers of a court of habeas corpus ! demptun in and to said Mortgaged premises, bciorev-
flip \ rm v Court Msrtiala are ,, r ,I i, , v . , , r er thereafter barred and foreclosed. And it is further
cue Arm}, court .Martials are ordered upon will exercise in cases where the det* ner ap ordered, that this Kale be published in the Georgia
present at the Court being Pre-ident It is j risdiction.
I.. o,l ..i it e i| vious to tne next term of this Court or served dn De-
in XU vot. U. a, cngest, title naoeat fendant or his special Agent or Attorney at least three
. .u . . • i • j . ...... c. » icuuauL or nis *pcci*j Agent or Attorue
not necessary lor the (zcneral in command to corpus, 106, it is* laid down, “W hen a court months before next Term ot said Court,
preside. 1 his construction of the law is clear has jurisdiction of the subject matter and hears i h) oulci of the c-oarr. ”
and we will not dwell upon it
and determines the same, redress cannot be
The Return shows that the trial proceeded obtained by habeas corpus-, the remedy is by t Court, April Term,taua.
in strict compliance, form and letter, with all i appeal in some form. State vs. Sherifl’3 Green, 1 wnY •— liuu4nl
.. .. i 6a
JAMES A. PRINGLE,
Pl’fiTs Attorney.
A true extract troth the minutes of Houstou Superior
m T. M. K1LLEN, Clerk. |
G eorgia junks county :
Ordinary’s Office, at Chambers Aug. 25th, 1»6 2.
Whcrea*. James G. Barnes applies to me for Letters
of Administration on the estate of Jesse H. Messer, de
ceased:
These are therefore to cite and admonish all and sin
gular the kindred aud creditors of said deceased, and
all others concerned, to be and appear at my office, ou or
before the first Monday in Octobei next, and show
cause, if any they have, why letters of administration
should not be granted to applicant.
Given under my hand at office this August 25th. 1862.
ROLAND T. ROSS,
aHg 28 Ordinary.
Bibb Sheriff Sale.
\Y ALL be 80 tefofe the Court 11ju»c dew, in tho
v v city of Macon, Bibb county, on the first Tuesday
in October next, between tbe legal hours of sale, the
following described property,* to wit:
One lot of laud, number not known, situate lying aud
being in Bibb county on the East side of the Ocmulgee
river, about one mile from the Court House on the right
side of the road leading from Macon to Mi Hedge ville,
containing forty (40) acres, more or le-s, and all the ap-
purtanances thereunto attached, it being the place
where VV illiara L. Hitchcock last resided, in said coun
ty Said land joining lands of John Burge, i?. S. Dun
lap and Sarah West. Levied on as the property of Wil
liam L. Hitchcock, to satirfy four ti. fas. issued from
Bibb Inferior Court, one in favor of Lightfoot A Flan-
deisvs. Wm. L. Hitchcock; one in favor of W. T.
Lightfoot vs. Wm. L. Hitchcock : one in lavor of W. L.
Hart vs. Wm. L. Hitchcock, and one in favor of John
A. Nelson vs. W\ L. Hitchcock.
Property pointed out In said fi. fas.; this August 26th,
1862. J. JOSEPH HODGE8,
Sherifl.
Bibb Stierifl Sale.
WlILL be sold before the Court House door, in tne
v v city of Macon, Bibb county, on the lirrU, Tuesday
in September next, within the legal hours of sale the
following Droperty, viz:
One half of undivided interest, in part of Jot No. 7,
(seven) square number 40, (forty,) in the oity of Macon,
same iron ing 33 feet on Cherry street, and running
back to the alley, being store occupied by Thomas T.
Wyche. Levied on as the property of James Mclcher,
to satisfy two fl. fas. from Bibb Superior Court, cne in
favor of D. T. Driggers vs. James Melcher, the other in
favor of A. R. Freeman vs, James Melcher. Property
pointed out in said fi. fas. and the defendant James
Melcher is a non-resident, of this State.
July2j J. JOSEPH HODGES, Sherifl’.
Administrator's bale.
WILL be sold on the first Tuesday In October next,
1 ’ before the Court House door in the city of Macon
and county of Bibb, between the usual hours ot, sale,
the Plantation lately owned by Robert N. Bailey,deceas
ed, with the improvements thereon, such as Negro
Houses, Overseers House, Gin House, Barn, Ac., con
taining about One Thousand (1,100) Acres of Land, more
or less, ab ut five hundred (500) in the swamp and the
other half, say five hundred, is upland ; about five hun
dred acres of it is cleared ana in a high state of cultiva
tion ; line range for stock—joining lands of John A.
Danielly and others, and known as ihe Dean Plantation,
about five miles below the city of Macon. Will be sold
at the same time and place said deceased's interest in
five hundred acres of land subject to Mrs. John Bailey’s
dower, and being the place where she now resides, about
four miles from Macon, on ihe Columbus road. The
above laud and interest belonging to the estate of Rob
ert N. Bailey, late of said county deceased, and sold for
the benefit of the heirs and creditors of said estate.—
Terms of sale made known ou the day. this August 6th,
1862. HENRY M. BAILEY,
aug 7 Administrator.
( ; EORGIA, HOUSTON COUNTY *
Ordinary’s Office for said County.
Whereas, Drury w. Taylor petitions the undersigned
for Letters of Administration upon the estate of Wil
liam H. Taylor, late ol said county, deceased:
These are to cite and admonish a’.l persons intere*-
ted to be and appear nl my office on or belore the first
Monday in Octooer next, to show cause, if any they
have, why said letters should not be granted.
Given under my official signature, this l w th August,
1862. W. T. SWIFT,
aug 21 Ordinary.
rjBorgia, Houston county •
^ Ordinary’s Office for said County.
Whereas, Moses Stripling petitions the undersigned
for Letters of Administration upon the estate of Benja
min F. Hancock, late of said county, deceased :
Theseaie to cite and admonish all persons inteiestid
to be and appear at my office on or before the first Mon
day in October next, to show cause, if any they have,
why said letters should not be granted.
W. T. SWIFT,
aug 21 Ordinary.
rjEORGIA, HOUSTON COUNTY :
, Ordinary’s Office for said County.
Whereas, John Laidler, AdminUtrator, de bonis non,
of John Laidler, late of said county, deceased, petitions
the undersigned lor Letters of biemission from his
said trust:
These are therefore to cite and admonish all persons
interested, to be and appear at my office on or before
the first Monday in March Dext, to show cause, ii any
they have, wmy r-aid letters of dismission should not be
granted the applicant.
Given under my official signature, this August lKth,
1862. w. T. bWIFT,
aug 21 Ordinary.
(GEORGIA, UOt bTON COUNTY:
Ordinary's Office for said County.
Whereas, John LaidJer, Executor of Elizabeth Im!U
ler, late of Faid county, deceased, petitions the under
signed for Letters of Dismission from his said trust :
These are therefore to cite and admonish all persons
interested to be and appear at my office, on or before
the list Monday in March next, to show cause, it any
they have, why said letters of dismission should not be
granted the applicant.
Given unaer my official signature, this August 18th,
1882. W. T. SWIFT,
aug 21 Ordinary.
G eorgia, Houston county :
Ordinary's Office for said Connty :
Whereas, Henry R. Hamilton petitions the under
signed for Letters of Administration upon the estate ol
John A. Hamilton, late of said county, deceased :
These are therefore to cite aud admonish all perona
interested to be and appear at my office ou or belore the
flrat Monday in October next, to stow cause, (il any
they have.) why said letters should net be granted.
Given under my official signature, this August lbth,
1862. W. T. SWIFT,
aug 20 . Ordinary
G b
(1 EORGIA, JONi S COUNTY
O I'nurt nf Orflinarv Alien
tbe iirercquisites of a trial by ( ourt Martial.
Officers were duly and properly sworn. Mc-
otber, is not a subject lor the ini estimation ol j^ lnne y W4S present. He appeared in Court—
this court" ui a y here remark that this | submitted to the jurisdiction—pleaded not guil-
was heard by counsel—introduced witnes-
disclaimer of State court jurisdiction was re
called in the case of the State vs. Wender-
straudt, 213, lb.
In South Carolina ex parte Andrew Rhodes,
a case where a prisoner was arrested for an
ly
ses and had every right and privilege extended
to him.
In Cobh’s Digest, 856, it is laid down that
Courts on habeas corpus shall not discharge
G eorgia, Houston county :
Whereas William slone, Administrator Uc bonis
m - v of Phillip Busby, deceased, applies tome for let-
the rule requires the strictest compliance oi . t«ra oi di&mir*ion from paid Administration:
jurisdiction, it IS a well established principle ! T be*e are therefore to cite *ud admoni»b *11 and sin
.. ;,_„* _ f , • . ' gulhr the k;ndre«l and rreditors to be ami appear at my
that a commitment for contempt IS not subject j 0 m tc on or belore the tirtft Monday in November next
to review in any other court “It cannot be at* and .now cause, if any they have, why said William
tacked under the writ of habeas corpus except | g‘ o 0 n nc •koajduotb«dijm, ! .se^om said AdmlMsuJ
lor such gross defects as render the proceed
ings void.” Bras Crosby, caseS Wills 163,
Given under my hand at office, thi- April 15, 1>62.
May 2 W. T. bWlr'T, Ore
•he had no jurisdiction over the case; that the
criminal jurisdiction, under the laws of the
United States, was expressly exclusive, and
that, as a State court had no authority to take
cognizance of the offence charged, it could not
take jurisdiction under a habeas corpus and
this is the view the Judges of the Federal courts
maintained. In 1850, in the matter ot Vcre-
mailre, American Law Journal 436, it is broad
ly laid down, “A State court has no jurisdiction
o. Rep. 73, more analogous to tbe case
fore us, it is laid down, ‘ A bench warrant and
a warrant of commitoient, aj :er indictment, are
intended.
fused to interfere by a writ of habeas corpus,
ami describe the offence generally.” The re
turn shows sufficient to the Court to remand
McKinney under the laws of Georgia, for it
shows McKinney is now under sentence of tbe
Court Martial and the record in his case before
General Pemberton for review.
ou habeas corpus to discharge a soldier or sail I But we will go on further. By referring to
mder the la,w of the United StatesI the act of habeas ct
or, held under
and Mr. Justice Nelson, in his charge to the
Grand Jury for the District of New York, de
nied the right of a State court, under the writ
of habeas corpus, to decide as to the Constitu
tionality of a law ol Congress, or the jurisdic*
tion of "a court or officer of the United States.
This array of learning and authority so clearly
stated, on the other side of the ojiinion this
court entertains, demands that we should give
the reasons of our opinion.
Fiist, In the nature, scope, jurisdiction and
power of the writ of the habeas corpus act, all
sufficient, if they rcc.t. i«ct of indictment j bolding the court had competent jurisdiction in
a case in 3 Hill 665 note 38. The application
of this law is by analogy to courts of habeas
corpus, having no appellate jurisdiction over
the judgments of Court Martial.
In re Dimes 68 Eng. C. L. 554, it was held
that when a commitment was by a court over
which the court issuing tbe writ oi habeas
corpus had no appellatejurisdiction, the grounds
■MBVMMHHMpplieation
The Supreme Court’of the U. S. re I Letter«of Administration on thceetate olGreen C. Ball,
- - ' late of said county, deceased:
These are therelore to cite and atimomch all per-oii!.
concerned, to be aud appear at my cflke within the
time prescribed bv law to show caute, if any they have,
why raid letters rhould not be- eranted.
Given under my hand oftl- rally, this tilth day of Aug
ust, 1861. SMITH TURNER,
ang 2J Dep. Ordinary.
Court of Ordinary, August Term, 1862.
Whereas, Thomas Gibson applies to me for Letters
of Administration on the estate of Sarah Cribb, de
ceased ;
These are therefore to cite and admori-h all and ein-
gular tbe kindred and creditors and all others concern
ed, to be and appear at this office by the first Monday
in October next,and show cause, if any they have, to the
ust 4th, 1862. ROLAND T. ROSS, Ordinary.
aug 8
riKt'KGlA, JONES COUNTY : ,
Sixty days alter date application will be made to
the Ron. Ordinary ot Jo ye* county for leave to sell a
part of the i egroes and the town property (real estate)
ol Robert K. Hutchings, deceased,
july 81 U. ft. 11LTCUINGS, Adm’r.
("’EORGIA. JONEh COUNTY :
^ Sixty days after date application will be madeto
liou. Ordinary ot Juues county for leave to sell the real
estate of Charles Hutchings, deceased.
K. E. HUTCHINGS, Guardian,
inly 31 for the minors of Charles Hutchings, dec’d. I Y K GEARY
KOHGLA, BIBB COUNTY :
Whereas Juliu J. Riley, Administrator upon the
Estate oi Benjamin Smith, deceased, Jate of sa:d coun
ty, applies to the undersigned for Letters Dismissory
from said administration:
These are therefore to cite and admonish all concern
ed to be and appear at the office of the under dgned on
or before the first Monday in October next, to show
cause, if any they have, why Letters Dismissory should
not be granted the applicant.
Given under my band and official signature, this
March 25th, 1662. WM. M. RILEY,
mar 2'. Ordinary.
G eorgia, bibb county ■
Two months after the date hereofapplication will
be made to the Court of Ordinary of said county for
leave to sell all the personal property belonging to Da
vid J. and John H. Howard, minor orphans of John H.
Howard, decceased. this Augu-t 1,1862.
july 29 • G. J. BLAKE, Guardian,
Two months after the date hereof, application will
be made to the Court of Ordinary of said county for
leave to sell all the real estate belonging to Elizabeth
Hall, minor orphan of John Hall, deceased, late of said
connty, this August 1st, 1862.
inly 29 H. W. BOIFEU1LLET, Guardian.
(IHOUUIA, BIBB COUNTY :
” Whereas John F. Kibbe, Executor of the last Will
and Testament ot Caleb Malden, late of said county, de
ceased, applies to the undersigned for Letters of Dis
mission from said estate :
These are therefore to cite all concerned to be and
appear at the office of the undersigned on or before tbe
first Monday in December next, to show cause, il any
they have, why said Executor should not be dismissed
from said Executorship.
Given under my band and official signature, this July
1st, 1862. WM.M. RILE
july 2
Ordinary.
orj'us, 31 chap. 2, Cobb’s Di
gent 1131, tbe language used is, “persons con
victed or in execution of legal process” shall
not be entitled to tbe writ, and tbe doctrine in
Hurd, page 202, does not claim “that the writ
of habeas corpus in the hands ot a State court
cm be used to defeat tbe exercise of a jurisdic
tion already begun by a Federal cuurt or judi
cial officer, and still pending, if they have ju
risdiction." If on the face of the proceedings
before me, this is a case within the jurisdiction i , . . . , ...
of a general court martial, and that unsdiction d ^ s n l ot exceed *“ P°, wers i w “*. ‘''P 1 ?, t0
has been legally pursued by the Conted-rate ' aCt * lhe “ m «, P r ‘ nc 'P 1 ,'; 8 of reTle "'. lt 18 >» ld
of the commitment could not be inquired into.
The Court of King’s Bench would not on ha
beat corpus examine into the correctness of a
commissioner in Bankruptcy, remanding tbe
Prisoner, because it had not appellate power in
such a case.—Ex parte Partington 51, Eng. C.
L. 648.
In these cases the jurisdiction was not ques
tioned, and we feel satisfied the law when a
court martial acts within its jurisdiction and
cases of illegal reslraint or imprisonment are judicial officer for this purpose, does notreason
’ 1 and analogy apply to such case the principles
we have laid down f McKinney is under sen
tenee —that sentence is in the hands of Major
General Pemberton, who is the proper officer
to receive it, courts in this State being with
out ajipcllate jurisdiction. Is not a party tried
by a general court martial and within its juris-
diction, awaiting his sentence, as legally im
prisoned, as under the sentence of a criminal
court in this State within its jurisdtion? IVe
think so. A different rule applies in civil
couj-U as to the enquiry before and alter indict
ment, - applicable to this case: The finding
of a Grand Jury precludes, on a trial of habeas
corpus, tbe question of guilt or innocence,
while upon the trial before the Petit Jury it is
not any presumption or evidence of guilt It
is so, only so far as any intermediate proceed
ing is had, and will be taken as such on a writ
of Isabeas corpus. Here we have McKinney
under the sentence ofa court martial who tried
him, being a soldier, for striking his superior
officer—a case within its jurisdiction. Itsjuris
embraced, t here is no limitation as to the
power imprisoning. ».j court, Supreme, Su
perior, Inferior, State or national is excepted
irons the operations of the writ. No person is
excluded. The language ts plain. Every sub
ject has the right to demand it. 2 Hist. Mid.
Ages, 342, the language is, “If any person or
persons shall be or stand committed or detain
ed, as aforesaid, for ary crime, unless for felo
ny or treason, plainly expressed in the war
rant ot committment in the vacation term, and
out of term,” he is entitled to the writ Stat.
31, King Charles the 2d. The wisdom of the
people and their love of liberty on this conti
nent uu where is more majestically attested
than in their claim to their birthright in the
laws. In the struggles by which the funda
mental institutions ol liberty were asserted, the
early colonists ol America claimed a participa
tion, and the “Magna Carta” containing “an
inexhaustible stock of statute genns adequate
for posterity” (McCauley), the “ Petition of
Right,” the "Bill of Right,” the “Habeas Cor
pus” are all principles embodied in the laws of
this land, and are the “great inheritance of ev
cry subject, and the inheritance ol inbetitan
ces, without which inheritance we have no in
heritance.”—8 St. Tr. 17. TheState of Georgia
in her declaration of fundamental principles, in
language of the most emphatic endorsement,
proclaims the adoption of these sacred rights,
inherited from the “Bible of tbe English Con
stitution.” Enough has been said to show the
interest attaching to the tight of habeas cor
pus. To limit its application—to deny to State
courts a jurisdiction over any illegal imprison
ment, is contrary to its spirit and genius, as
well as letter and provisions. Ferguson, in his
philosophic essay on civil society (page 802),
says : “We roust admire, as tbe keystone of
^ civil liberty, the statute which forces the se
crets of every prison to be revealed, the cause
of every commitment to be declared, and the
person of the accused to be produced.”
The principle we educe from the nature ol
the writ, its power ami jurisdiction is sustained
by the authorities. In Tennessee, the Chief
Justice, under an imprisonment of the District
Court of the United States, in the case ex parte
Sargeanl, 8 Hall, Law Journal, 206, answers
the question “whether 1 have the right to dis
charge the prisoner, even if I should be clearly
of opinion that the District Court had no juris
diction ? I am awaic of the magnitude of this
question, and have given it the consideration it
deserves. My opinion is, with great deference
to those who tnay entertain different senti
ments, that in the case supposed, I should
have a right, and it would be my duty to dis
charge the prisoner. The United States have
no power, legislative or judicial, except what
is derived from the Constitution. When th«*se
powers are clearly exceeded, the independence
of the States and the peace ol the Union de
down in Hurd p »ge 334 :—
"Wise rules of proccedure established for the
regulation of other judicial proceedings are not
to be disregarded in that ot habeas corpus,
when they are applicable. One of these rules
is, that when a record of process is only col
laterally brought into question it cannot he in
validated for error or irregularity” and it is es
sential to the administration ol justice that
when a tribunal has jurisdiction over the sub
ject matter and the person, it is its right to de
cide such case without interruption or inter
ference from other tribunals, and to the pro
ceedings of no court can these principles more
properly apply than to those of a court martial.
In tbe scope of their jurisdiction, the law sus
tains their kets, and will not interfere except
on a question of jurisdi6Cion, to sec that the
proceedings do not exceed it, or the laws under
which it acts are not unconstitutional. The
guilt or innocenco of parties tried before court
martial, this court will not review—clothed
with no appellate jurisdiction in such cases.—
The writ of habeas corpus does not invoke tbe
diction^not onlyatUche<ibu tiaproMeding , 8 -viewing court to this extent,
By what authority of law can I court on 7 Charge Iron, illegal con-
3 , .,_«■ , u | hnement. In the opinion I entertain, the term
to execution
any court, state or national, interfere with the
proceedings? It is argued that a court martial j un j asl confinement, but a confinement without
a court of limited jurisdiction, and that the , J a n ’ rontrarv to l.w
“illegal confinement" does not embrace every
return fails to show the superior officer charg
ed to have been assaulted was in the execution
, cause i *■ ithout proper process, contrary to law.
The verdict of a Petit Jury, though founded
v, * , ,, ’II on the slightest evidence, or against evidence,
of his office. In the opinion of the court the ... * . , ’ . ° _ 1
charge, as it stands, .8 sufficient; but we might | f lhe , P“ l ? , does n0 , t ^ 0ve P ro . cess
. ,h„ onle eh.rire .tJL “> 881 II » slde ’ “ust be conclusive upon him,
answer, this is not the only charge, as shown i “ , r .
by the return. He is charged with conduct of
disobedience and disorder under the 99tb Rule
and Article of War, and his conduct shows from
the record in this case that he was, to say the
least, guilty of this charge. It is important to
all well organized social communities that
principles of respect to public authorities should
be shown. We have had too lax a rule in
Georgia on this subject Uncjer a seeming idea
of personal independence, we have inculcated
too much freedom from the conventional rules
of good order and society. In civil matters
and with civil officers this is of little conse
quence; but with army men respect for supe
rior officers is a duty—its violation a crime.—
Under the 99th Article, McKinney struck a
Lieutenant, and his conduct was such as to
ill determine tbe question of
guilt or innocence on habeas corpus. A convic
tion for a military offence, by military authori
tv, will be just as conclusive against the ac
cused. Tbe Court will see that he has been tried
properly, and the power conferred not been
exceeded ; but, in the opinion of tbe Court,here
we stop. The cause of detention under the
writ ol 81 Chas. 2, will be under process of a
Court “that hath jurisdiction of criminal mat
ters,” and the Court ou habeas corpus will not
discharge the petitioner. The discussion of
this case by able and learned counsel—Colonel
Hunter, the President of Court Martial, repre
senting the Court, and Col. John Rutherford
appearing for the petitioner, has induced me
more at length than I intended to go into the
iicgal Notices—tDilkinson (fiuunti),
r; EORGIA, WILKINSON COUNTY :
Ordinary'* Office.
To all k hom it may L'uhcern :
Whereas, l*auc Lindsey, ol said county, applied to
me tor Letters of Admiuidtration mi the estate of il)
ram Mcaddowt, defeated, late of said county and
Siate:
These are therefore to cite and admonUh all aud sin
gular the kindred and creditors of raid deceased, lo be
and appear at my office within the time prescribed by
law, and show cause, it any they can, why letters of
Administration on the .state oi said deceased should
not issue to said applicant.
Given under my hiuid and official signature this Aug
ust 19th, 1882.
•ng -2 KLLL1S HARVILL, Ordinary.
nEORGIA, WILKINSON COUNTY:
„ , C’oor: of Ordinary, August Term, lt-62.
Where*., William N. Isler, Guardian of Nancy Jane
Cannon, a minor of said county, having fully discharg
ed his trust, applies to be dismissed from his Guardian
ship as aforesaid:
Therefore, all persons concerned are hereby notified
and required to appear at my office on or before the first
Monday in October next, and ahow cause, if any they
have, why said William N. I tier should not be dischar
ged from his said Guardianship.
Given under my hand and official signature, August
19th, 1882. ELLIS HARVILL,
ang *2 Ordinary.
CI EORGIA, WILKINSON COUNTY :
Court of Ordinary, August Term, 1862
Whereas, Wyatt Mearideth, Guardian ot the pei
and property or William H. Sears, a minor of said conn
ty, having fully discharged his trust, applies to be dis
missed from his Guardianship as aforesaid -
Therefore, oil persons concerned are hereby notified
and required 10 appear at my office on or before I be first
Monday in Octotier next, and ahow cause, If any they
have, why said Wyatt Mearideth should not be dismis
sed from nis said Guaidianship.
Given under my hand and official signature, August
19th, 1862 ELLIS HARVILL,
aug « Ordinary.
Notice lo Diktributees.
G eorgia, jones county .
To all whom lt may Concern :
Four mouths alter date application will be made to
the Ordinary of said county, for leave to divide a por
tion of the negroes belonging to the estate of Joseph
L. Holland, deceased, among the distributees of said
estate. If. L. HOLLAND, Adm’r,
July 19 jJANK M. HOLLAND, AJrn’x.
Executor’s Sale of Negro.
Y1T1LL bo sold in tho town oi Clinton, Jones county,
▼ f on tho 1st Tuesday in October next, during the
usual hour**ol t*ale,a Negro Woman by the name oi
Hager,about 40 years old, au extra good Cook and llom*e
Servant. Sold for distribution among the heir? of Smilie
Sea brook, deceased, Term? made known on the day oi
»a!e. JOHN A. JOHNSON,
July 1 • Executor, Ac.
ibel for Divorce in Bibb Su
perior Court.
Administrators Sale ol Negroes.
B Y permission ot the Honorable the Ordinary of the
U countv of Jones, State of Georgia, will be sold in
the town or Clinton, during tke usual hours of sale, ou
the first Tuesday in October next, six Negroes, as fol
lows : Loir.-a, about 45 years old ; Edward, 21 ; Mar
garet, It); Priscilla, 17; Mary, 14; Harriet, 12. sold
as the property of Eliza B. Lighlbourn, deceased.—
Terms—One half cash, balance payable 1st of January
next—note with security. As these negroes are all of out
family, 1 would like to have them bought by one per
son. f. s. Johnson, Sr.,
July 16 Administrator. Ac
JAMES W. GEARY
1 HT appearing to the Court that the Defendant resides
beyond the limits of the State of Georgia, it is there
fore ordered by the Court that said Defendant be and
appear at the next Term of this Court and answer
said case, and that service be perfected on said Defen
dant oy a publication of this Rule cnce a month for four
months before tbe next Term of this Court in one of the
Journals published in Macon, Ga.
A true extract Irom the Minutes of Bibb Superior
Court, June 4th, lb62. JNO. J. RILEY,
juue6—4m lam Dep. Clerk.
G t EORGIA, BIBB COUNTY :
W Whereas John J. Riley, Administrator upon the
estate of William Barnes, deceased, late of said county
applies to the undersigned to be dismissed from said
administration :
These are therefore to cite and admonish all concern
ed, to be and appear at the office ofthl undersigned on
or belore the first Monday in October next, to show
cause, if any thev have, why letters dismissory should
not be granted the applicant.
Given uuder my hand and official signature, this
* * WM. M. RILEY,
Ordinary
i GEORGIA, HOUSTON COUNTY:
^ Ordinary's Office kr said County.
Whereas, John Finlcysou petitions the undersigned
for Letteri* of Administration up.in i he estate of Alt x
ander Finleyron, late of said county, deceased:
These are to cite and admonish all persons interes
ted, to be and appear at my office ou or before the flr-t
Moncay in October next, to show cause, if any they
have, why said letters should not be granted.
Gi>en under my oflicial siguatuie. tnis August lbth
1S62. W. T. SWIFT,
aug 3) Ord|osry
Executor’s Sale of Land.
fteougia, Houston county
VJ Will be sold before the Court House door in Ferry
in said county, ou the first Trcaday iu October next,
within the lawful hours of sa e, the Flaniation of ’he
late Rev. Wb tman c. H‘11, upon which be resid«da’
the time of his death. 1 his place contains about 7:8
acres, adjoins the lands of William D Allen, E. Ii
Marshall and oth-rs, aud is about 6 miles North-we-1
of Ferry, and about Tmiles from Fort Valley. There
is a commodious ue^k’welling House on it.
The above p ace sold under order of the o,-
dinary for the benefl(Bthc creditors Jod legatees
Terms ot sale will beaff.de known on the day.
JOH,' M. OILKs
Perry, Ga., Aug 20 Kxe ntorof W. C. Hill
G eorgia, Houston county :
Whereas Terrel Ferry and Wm. U. Lane, Admin
istrators of Bryant Lane, deceased, applies to the un
dersigned for Letters Dismissory upon said estate :
These are therefore Incite and admonish all persons
concerned to l>e and appear at the office of tne under
signed on or before the first Monday iu December next
to show cause, if any they have, why letters uismissor:
should not be granted the applicant.
Given under my hand and seal of office, this 6tb May,
1862. W. T. SWIFT, ordinary,
may 29
ft Gi
James Angus, Me D. and Will.am S. King, minors
James King, late of said connty, deceased rcprceeu,.
to this Court that he has tally di-charted tbe duties oi
said trust, aud prays to be dismissed from -aid charge
These are therelore to cite all persons concerned, to
be and appear at my office within tbe time prescribed
by law, lo show cause, if any they have, w hy said appli
cant should not be discharged.
Given ander my hand ana seal of office, this junegum
1862. W. T. SWIFT, Ordinary.
tune 27
Executor’s Sale.
4 1/ ILL be 8i»’d before the Court House door iu Perry,
f » Houston countv, Ga., within tbe lawful hours, r.u
the first Tuesday in October i ext, tbe plantation re^
ceutly « ccupied by Mr-. Elizabeth Giover, situated m
the loth District oi said county, bounded on tne North,
Ea-t and South, by lands of the estate of Joseph IL rap,
and on the Wt si by lands of Elbert Hartley aud Nathan
Head, containing about 300 acres. Abo, nine Negro
Slaves and Two Mules, a Wagon and Gin, and the crop
of Com then on hand. All sold as the property of Hen
ry Glover, late oi j-aid county, deceased. Terms made
known on the day of sale.
THADDEUS P. GLOVER
June 18—Id* Executor of Henry Glover
n EORGIA, HOUSTON COUNTY:
Whereas Enoch W. Gaddy, Executor of Mary Jones,
late of said county, deceased, respectfully showeth ih.»t
he baa lullyand Jaithfully executed his said trust *c
cording to law and the will of sa d deceased :
These are therefore to cite and admonish all persona
concerned to be and appear at my office on or before
the fi st Monday in October next, to show cause, if any
they have, why letters dismissory shouia not be grant
ed tbe applicant.
Given under my hand and official signature this 4th
day of April, lbJ9. W. T. SWIFT, Ordi nary. |
apr 7
riEORGIA, WILKirSOM COUNTY:
Court of Ot ioary, July Term, 1862.
Whereas M. J. Carswell, Guardian ol the person and
property of Mary K. Carswell, a minor of said county,
having fully discharged his trust, applies to be dismis-
*d from his Guardianship as aforesaid :
Therefore all persons concerned are hereby notified
and required to appear at roy office on or before the
first Monday in f>ctober next, and show cause, if any
they have, why said M. J. Carswell should not be dis;
missed from said Guard: iLehip :
Given under my hand and oflicial signature, this 29th
July. 1S62. ELLIS HARVILL, Ordinary.
■July 31
Jttitler Countn Notices.
show disregard for the honor and faithfulness ’ .. p
in duty which should ever characterize a good . has been said on the case, we
soldier! Men must leant by military punish- 1 - onl * *? P ronounce more ,oraall y lhe °P ln ’
ments that the Rules and Articles of war are
in force. Civil courts cannot enforce them ; but
ion of the Court
Ordered that the writ of habeas corpus be dis-
civil courts will sustain the military arm of the ! 7 h * E? U 2“ r '
government in iu proper jurisdiction, and sane- I f* 1 to *?«“*** from whence he has been ta-
rion with all its powers the enforcement of dis- j ken - ‘" d lb * 1 h « W
cipline. i ^ TnJ■ ■ c o u n
Besides, this court does not hold a general '
court martial a mere creature. It is a solemn
tribunal, under the law charged with most re
sponsible and extensive power. It has author- -
ty by law to take jurisdiction over “any of-
Salt Boiler* and
Kettle*.
OM K to tOO Gallons, at Schofield's Foundry, sa
< ’EOMOIA, MILLER COUNTY :
'- I Whereas, J. V. Heard and W. F. Chapman, Ad
ministrators of the estate of J. S. Mans, deceased, late
ol said county, apply to me for leave to sell all the lands
and part of Ihe negroes of said estate, notice Is hereby
given that a bearing ou said application will be bad at
office on the 4lh Monday in October next.
M. V. JORDAN,
aug 13 Ordinary of Miller County.
Fl BORGIA, MILLER COUNTY:
u On tbe 4th Monday in October next, application
will be made by Mrs. Eliza A. Means to the undersign
ed lor Letters of Guardianship of the persons and prop-
ertv of the minor heira of J. a. Means, deceased, late oi
Millerconniy. M. V. JORDAN,
aug 16 Ordinary of Miller county
NOTICE.
nEORGIA, MILLER COUNTY :
O All persons are hereby notified that A. J. Grimes,
Administrator on the estate of Williams Grimes, 8r .
deceastd, his departed this life before makings final
settlement of said estate:
All persons are hereby notified to file their objections
in my office by the fourth Monday in October next why
William Grimes, Jr., should not be appointed Admin
istrator, de bonis non, on said estate.
Given under my hand at office, this August 19th, 1862.
aug 25 M. V. JOUDaN, Ordinary.
G eorgia, jones county:
Jones court of Ordinary, July Term, 1862.
Whereas Thomas S. Humphries, one of the Execu
tors o James Locket, deceased, applies to me for Let
ters of Dismission from said Executorship :
These are therefore to cite and admonish all persons
concerned, to be and appear at this office on or by tbe
second Monday in January next, (1868) and show cause,
if any they have, to the contrary.
Glveu uuder my hand officially, this 7th day of July,
1862. ROLAND T. ROSS, Ordinary.
July 10
r’KOhGlA, JONES COUNTY :
Jones Court of Ordinary, July Term, 1862.
Whereas Thomas S. Humphries, Executor on tbe
tate of Sarah Berry, deceased, applies to me for Letters
of Dismission from said Executorship :
These are therelore to cite and admonish all persons
concerned to be and appear at this office on or by the
seee nd Monday in January next. (1863) and ahow cause,
if any they have, to the contrary.
Given under my hand officially this 7th day of July,
1962, ROLAND T. ROSS, Ordinary.
july 10
Notice to Distributee*.
P EORGIA, JONES COUNTY :
All persons concerned are hereby notified t hat fonr
months after date 1 shall apply to the Honorable the
Court of Ordinary of said county lor leave to divide the
negroes belonging to the e-tate of Charles Macarthy,
late of said county, among the distributees of said es
tate, this July 7th, 1862. JAMES G. BAKNKS,
July in Administrator.
Legal Notices—Doalji
p EORuIa, DOOLY COUNTY:
AJ1 persons having demands against William F.
Smith, deceased, late oi said county, are hereby noti
fied and requirtd to present them properly attested to
the undersigned wituluthe time prescribed by law
and all persons indebted to the estate of said deceased
are hereby required to make immediate payment to the
undersigued, this August 2Sd, 1862.
CAROLINE E. SMITH,
aug 22* Administratrix.
p EORUIA, DOOLY COUNTY :
Sixty days after date application will be made to
the Court oi Ordinary of said county, lor leave to Bell
the lauds belonging to the estate of John Williams, late
of said county, deceased. JAS. J. CLEMENTS,
july 10*
rjEORGIA, BIBB COUNTY :
Whereas Alexander Holzendorf, Executor of the
last Will and Testament of Mary L. Cray, late of said
county, deceased, applies to the undersigned for Let
ters dismissory from said Executorship :
These are therelore to cite and admonish all and sin
gular, the kindred and creditors of said deceased, to be
and appear at the office of the undersigned on or before
the first Monday in November next to show cause, 11
any they have, why said letters dismissory should not
be granted the applicant in terns of the law.
Given under my hand and official signature, this April
10th, 1862. WM- M. 1ULEY, Ordinary,
apr fl.
Notice lo Debtors aud Creditors.
A LL persons indebted to the estate of Robert N. Bai-
ly, late of Bibb county, deceased, are required to
make immediate payment to the undersigned, and
.thoee having claims to render them in terms of the
law, tbid August 6th, 1**2. HENRY M. BAILEY,
aug 7 Administrator.
G eorgia, Houston county :
Wtere&s Terrel Perry, Guardian of Sarah E. Lane.
appLoa to me for Letters of Dismission from his baid
Guardianship :
These are therefore to cite and admonish all and sin
gular the person or persons interested, to be and appe u
at my office within the time pret-crioed by law, and
show cause, if any they have, why said letters dismir
sory should not be granted.
Given under my hand at office. May 20,1862.
nay 29 w. T. aWIFT, Ordinary.
MARY PENDERGRABT»
Y8 V
JOHN PENDEKGKAST. J
Libel for Divorce.
I T appearing to the Court that the Defendant in the
above caee is not to be found in Bibb county, bui
hag left this State, it is ordered that the above Libel be
served on him by publishing this order in the Macon
Georgia Telegraph once a month lor four months, be
fore the next Term of this Court.
By tho Coart, May 26th, 1»62.
L. N. WHITTLE.
june 4 AtCy for PPIf.
Jepl gUtias-($>ttitman (T ountu.
C -i EORGIA, OUITMAN COUNTY :
X Whereas. Mary W. Hillman applies to me for Li
ters of Administration npon the estate of John Hill
man, late of said county, deceased:
These are theretore to cite and admenisb all acd sin
gular the heirs and creditors of said deceased, lo be and
appear at my office on or before the first Monday in No
vember next, then and there to show canse, if any they
have, why said letters should not be granted In terms
of the law.
Given underm i hand and official signature, August
29th, 1862. J. W. MERCER, Ordinary,
aug 30
Notice to Debtors and Creditor!*.
A LL persons indebted to the estate of Seth H. Gates,
il late ol Bibb county, deceased, are required to
make immediate payment, and those having demands pointed out by Plaintiff,
to render them to the undersigned in terms of the law, aug 28 1862
this Augast 6th, 1862. HKNRY M. BAILK\,
an g 7 Administrator.
p EORGIA, QUITMAN COUNTY :
Whereas, Mary W. Hillman, app.ies tome for Let
ters of Administration, de bonis non. upon the estate
of John Hillman, late of said countv, deceased :
These are therelore to cite and admonish all and sin
gular the heirs and (reditors of said deceased, to be and
appear at my office, on or before the first Monday In No
vember next, then and there to show canse, if any they
have, why saidieiters should not be granted in terms
or the law.
Given under my hand and official signature, August
29»h, 1862. J. W. MERCER, Ordinary.
aug 3)
Postponed Sale.
'firILL be sold on the first Tuesday in October next,
▼ ▼ before the Court House door, in Georgetown,
Quitman county, Ga., within tife legal hours oi lale,
the following property, to wit: The undivided inter
est of William C. Richardson in nineteen bale» of Cot
ton. Levied on to satisly two cost fi. fas. from Stew
art Superior Court, in favor of K. F Eirksey. Clerk,
vs. Wm. C. Richardson, Deputy Sheriff. Property
Adm'i
G eorgia, dooly county :
Whereas William Hooks and Sarah Hooks, Kxe
ciitors of Btrdin Hooks, deceased, applies to me for
Letter* of Dismission from said eatate :
These are therefore to cite all persona concerned to
be and appear at the Court of Ordinary to be held for
the county of Dooly on the first Monday in November
next to show cause, if any they have, why said letters
may not issue.
Given uuder my hand this 23d day of AprB. 1862.
apr 25 S. N. LASSETEK, ONlnary.
C T EORGIA, DOOLY COUNTY:
J Whereas John D. Wilkes, Administrator on the
estate of Peter G. B. West berry, deceeased, applies to
me for letters of dlemissiou from said estate:
These are therefore to cite all persons concerned to
beanu appear at the Court of Ordinary to be held for
the county of Dooly on the first Monday in October
next, to show cause, if any they hive, why said letters
may not issue.
Given under my hand this 25th ddyoCiLurch^ 1862.
'.ETER. Ordinary.
p EORGIA, BIBB COUNTY:
Whereas Ernest Feuchtwangi r, Administrator up
on the estate of Abraham Fendlg, late of said county,
deceased, applies to the uudersigned lor Letters of Dis
mission from said estate : . . „
These are theretore to cite and admonish all persons
interested to be aud appear at the office of the under
signed ou or before the first Monday in February (1863)
to show cause, if any they have, whv Letters of Dismis
sory should not be granted the applicant.
Given under my hand and official signature, this
August «tb, 1862. WM. M. RILEY,
aU £ 7 Ordinary.
J. M. COOPKH,
Sherifl.
n EORGIA, QUITMAN COUNTY :
Whereas Charles Dunniug and Martha Lewis ap
ply to me tor Letters of Administration upon the estate
of John H. Lewis, late of said county, deceased :
Tnee* are therefore to cite and admonish ali and sin
gular the kindred and creditors of said dec* jl, to be
and appear at my office on or belore the first mouday In
October next, and show cause, if any they have, why
letters of administration should not be granted h&Iu
applicant.
Given under my hand and official signature, thi-* Aug
ust 25th, 1862. J. W. MERCER,
aug 27 Ordinary
nEORGIA, QUITMAN COUNTY:
^ Whereas, J. A. Nobles applies to tbe undersigned
gEORGIA, DOUGHERTY COUNTY : ior oeiiers oi Aaraiuisiraiion upon
It AuDllcatlon will be made to the Court of Ordina- ! Nobies, late of said county, deceased :
ry of Dougherty county at the first regular term after I Ttn'sea^therefore to cite and admo
Lgl.
for Letters of Administration upon the estate of J.
"obles, late of said county, deceased:
ry rruu* .y — These are therefore to die aud admou ieh all and s in-
the expiration of two months from this notice for leave gular the kindred and creditors of said deceased, tube
to-ell all the lands in said couuty, belonging to the I and appear at my office on or before the first Monday in
- ... . ceaee( j j October next, arid show canse. If any they have, why
I letters of administration should not he granted sale
applicant.
Given under my hand and official signature, this Aug
ast 25th, 1862. J. W. MERCER,
ang 27 Ordinaiy.
estate of Sterin Brinson, late of Baid county.
Sold lor the benefit of the heirs of said estate.
DAVID J. BELCHER, Adm’r.
^aus^J) ELIZABETH BRINSON, Adm'x
mar
8. N. LASSE
p EORGIA, MILLER COUNTY :
U Whereas. A. C. Cowart applies for Le ters of Ad
ministration on the estate of A. J. Grimes, deceased :
There are therelore lo cite and admonish ail and sin
gular the kindred and creditor* of said deceased, to be
and appeal: at my office on or before the fonrth Monday
lu Octooer next, and show canse, U any they have, why
aald letters should not be granted the applicant.
Given under my bandjtt office, this August 19th, 1863.
ang 26 /Vt. V. JORDAN, Ordinary.
/ t EORGIA, DOOLY COUNTY :
W Whereas, John D. Wilkes, Administrator on the
estate of Sarah E. Westberry, deceased, applies to me
for Letters of Dismission from said c estate :
These are therefore to cite all persons concerned to
be snd appear st the Court of Ordinary to be held for
the county of Dooly on the first Monday in October
next, to snow cause, it any they have, why said letter
may not issue.
Given under my hand this 25tb day of March, 1862.
mar 98 8. N. LASSETEK, Ordinary.
t 1 EORGIA. PULASKI COUNTY:
' * To all whom it may Concern : F 1 EORGIA QUITMAN COUNTY’:
William Ridley having in proper form applied to me ! VJ Whereas, J. K Smith makes application to
for permauent Letters of Adn-inistration on the estate Letters ol'Administration on the estate of R. K. .-luhu.
ofFrankliu P. Butler, late of said county , deceased : ut# of said county.deceased ;
This is to cite all and singular the creditors and next These arc therefore to cite and admonish all and sin-
ol kin, of Franklin P. Butler, to be and appear »t mj , gular lhe kindred and creditors ot said deceased, to be
office within the time allowed by law, and show cause, aU(1 ap pear at my office on or before the first Monday
if any they can, why permanent administration should j | n (j ( .uber next, and show cause, if any they have, why
Witness my >
23d, 1»62.
aug 26
slgnatnr .
J. J. SPARROW,
Ordinary
applicant.
Given under my hand anti official signature at office.
this August 21th, 1882.
aug 27
J. W. MKMEK,
Ordinary.
NOTICE.
A LL persons indebted to the estate of Thomas Miller,
late otQiiiman county, decea-ed, ate requested
Decatur Land for Sale.
W ILL be sold at public ont-cry, before the Court
Honse door. In the town of Balnbridge, oa the
tnt Tuesday iu October next, two lots of Laud vix :—
Lot No. 75 In 19th District Decatur county, and Lot No.
115 in 27th District, containing *8(1 acres each. Persons
desiring to buy before the first of October can address
me at Waynesboro’, Burke county, Ga.
ang 14—w5t* TOLIVER DILLARD.
/ ’EORGIA, PULASKI COUNTY :
Ur To ail whom it may Concern :
David Sapp having lu proper form applied to mo for
permanent Letters of Administration on the estate of
Alexander Pipkin, late of said county, deceased :
This is to cite all and singular the creditors and next j to make immediate pay ment; and those havlDg
of kin, of Alexander Pipkin, to be and appear at my of- I mand* against said estate will present them duly
flee within the timeallowed by law, and show canse, if, thenticated, within the time prescribed by law.
any they have, why permanent administration should WILLIAM LEWIS, ( .
not be grunted.
Witness my hand and official signature, this August
S3d, ls62. J. J. SPARROW,
aug 26 * _ Ordinary.
ang 16
C. M. LOWE
PEOROIa', PULASKI COUNTY :
U To all whom it may Concern :
Duncan C. Daniel having in proper form applied to
me for permaoeut Letters of Administration on the es-
within t he t i me allowed by law, and show cause, i f any
they can, why permanent administration should not be
grunted.
Witness my hand and official signature, thlB August
23d, 1862. jJ.iL SPARROW,
aug 26
Adminiastrator’s Mule.
\I7ILL be sold before the Court House door iu the
VV city of Macon on the first Tuesday In October
next the undivided half of about tbiitceu acres of laud,
situated iu the South-east corner of lot No. 365, 13th
and others
Also at ilie same time and place, three Iron Safce,
one of which is very superior. All sold under au order
of the Honorable Ordinary of Bibb, as the property of
Thomas P. Stubbs, deceaaed. WM. LUNDY,
ang 16* Administrator,