USA > Georgia > The Confederate records of the State of Georgia, Vol 2 pt 2 > Part 14
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4. And it is likewise Enacted, That the like jurisdic- tion now used and exercised in the court, before the pres- ident and council in the marches of Wales: (2) And also in the court, before the president and council estab- lished in the northern ports; (3) And also in the court commonly called the court of the duchy of Lancaster, held before the chamber and council of that court; (4) And also in the court of Exchequer of the county palatine of Chester, held before the Chamberlain and council of that court ; (5) The like jurisdiction being exercised there, shall, from the said first day of August one thousand six hundred and forty-one, be also REPEALED, and ABSO- LUTELY REVOKED; and made VOID; any law, pre- scription, custom or usage, or the said statute made in the third year of King Henry the Seventh, or the statute made in the one and twentieth of Henry the Eighth, or uny Act or Acts of parliament heretofore had or made, to the contrary thereof, in any wise notwithstanding. (6) AND THAT FROM HENCEFORTH NO court, council or PLACE OF JUDICATURE, SHALL BE ERECTED, ORDAINED, CONSTITUTED or APPOINTED WITHIN THIS REALM OF England, OR DOMINION OF Wales, WHICH SHALL HAVE, USE, OR EXER- CISE THE SAME, OR THE LIKE JURISDICTION, AS IS OR HATH BEEN USED, PRACTISED OR EXERCISED IN THE SAID COURT OF Star-Cham- ber.
5. Be it likewise declared, and Enacted by the au- thority of this present parliament, That neither his MAJESTY, NOR his PRIVY COUNCIL, HAVE or OUGHT TO HAVE, any jurisdiction, 'power or author- ity, by English bill, petition, articles, libels, or any other ARBITRARY WAY WHATSOEVER, to examine or to
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STATE PAPERS OF GOVERNOR JOS. E. BROWN
draw into question, determine or dispose of the lands, tenements, hereditaments, goods or chattels of any of the subject of this kingdom; but that the same ought to be tried, and determined in the ordinary courts of justice and by the ordinary course of law.
6. And be it further provided and enacted, That if any lord chancellor or keeper of the Great seal of Eng- land; lord treasurer, keeper of the king's privy seal, president of the council, bishop, temporal lord, privy counsellor, judge or justice whatsoever shall offend, or do anything contrary to the purport, true intent, and meaning of this law, then he or they for such offence forfeit the sum of FIVE HUNDRED POUNDS of law- ful money of England, unto any party grieved, his execu- tors or administrators, who shall really prosecute for the same, and first obtain judgment thereupon to be re- covered in any Court of record at Westminster, by action of debt, bill, plaint, or information, wherein no essoign, protection, wager of law, aid prayer, privilege, injune- tion or order of restraint, shall be in any wise prayed, granted or allowed, nor any more than one imparlance. (2) And if any person, against whom, any such judg- ment or recovery shall be had as aforesaid, shall, after such judgment or recovery, offend again, in the same, then he or they for such offence shall forfeit the sum of ONE THOUSAND POUNDS of lawful money of Eng- land, unto any party grieved his executors or adminis- trators, who shall really prosecute for the same, and first obtain judgment thereupon, to be recovered in any court of record at Westminster by action of debt, bill, plaint, or information, in which no essoign, protection, wager of law, aid prayer, privilege, injunction or order of re- straint, shall be IN ANY WISE prayed, granted or al-
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lowed; nor any more than one imparlance. (3) And if any person, against whom any such second judgment or recovery shall be had as aforesaid, shall after such judg- ment of recovery offend, again in the same kind, and shall be therefore duly convicted by indictment, informa- tion or any other lawful way or means, that such person so convicted shall be from thenceforth DISABLED, and become, by virtue of this Act INCAPABLE, ipso facto, to bear his and their said offices respectively. (4) And shall be likewise disabled to make any gift, grant, con- veyance, or other disposition, of any of his lands, tene- ments, hereditaments, goods or chattels; or to make any benefit of any gifts, conveyance or legacy, to his own use.
7. And every person so offending, shall likewise profit and lose to the party grieved, by anything done, con- trary to the true intent and meaning of this law, his trible damages, which he shall sustain and put unto, by means or occasion of any such Act, or thing done; the same to be recovered in any of his Majesty's courts of record at Westminster, by action of debt, bill, plaint, or information, wherein no essoign, protection, wager of law, aid prayer, privilege, injunction, or order of re- straint, shall be IN ANY WISE prayed, granted or al- lowed, nor any more than one imparlance.
8. And be it also provided and enacted, That if any person shall hereafter be committed, restrained of his liberty, or suffer imprisonment, by order or decree of any such court of STAR-CHAMBER, or other court aforesaid, now, or at any time hereafter, having, or pre- tending to have, the same, or like jurisdiction, power or authority, to commit or imprison as aforesaid; (2) Or by the command or warrant of the king's Majesty, his
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heirs and successors in their own person; or by the com- mand or warrant of the council-board; or of any of the lords, or others of his Majesty's privy council; (3) That in every such case, every person so committed, re- strained of his liberty, or suffering imprisonment, upon demands or motion made by his counsel or other em- ployed by him for that purpose, unto the Judges of the court of King's bench, or common pleas, in open court, shall, without delay, upon any pretence whatsoever, for the ordinary fees usually paid for the same, have forth- with granted unto him a writ of habeas corpus, to be directed generally unto all and every sheriff, gaoler, min- ister, officer, or other person, in whose custody the per- son committed or restrained, shall be. (4) And the sheriffs, gaoler, minister, officer, or other person, in whose custody the person so committed or restrained shall be, shall, at the return of the said writ and accord- ing to the command thereof, upon due and convenient notice thereof, given unto him, at the charge of the party who requireth or prosecuteth such writ, and upon secu- rity by his own bond given, to pay the charge of carry- ing back the prisoner, if he shall be remanded by the court, to which he shall be brought; as in like cases hath been used; such charges of bringing up, and carrying back the prisoner, to be always ordered by the court, if any difference shall arise thereabout; bring or cause to be brought, the body of the said party so committed or restrained, unto and before the Judges or justices of the said court, from whence the same writ shall issue, in open court. (5) And shall then likewise certify the true cause of such, his detainer, or imprisonment, and there- upon the court, within three court days after such term, made and delivered in open court, shall proceed to exam-
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ine and determine, whether the cause of such commit- ment, appearing upon the said return, be just and legal or not, and shall thereupon do what to JUSTICE SHALL APPERTAIN, either by delivering, bailing, or remand- ing the prisoner. (6) And if anything shall be other- wise wilfully done, or omitted to be done by any judge, justice, officer or other person afore-mentioned, contrary to the directions and true meaning hereof, then such per- sons so offending shall forfeit to the party grieved, his trible damages to be recovered by such means, and in such manner as is formerly in this Act, limited and ap- pointed, for the like penalty to be sued for and recovered.
9. Provided always, and be it enacted, That this Act and the several clauses therein contained shall be taken and expounded to extend only to the court of STAR- CHAMBER; (2) And to the said court-holden be- fore the president and council in the marches of Wales; (3) And before the president and council in the North- ern ports; (4) And also to the court commonly called the court of the duchy of Lancaster holden before the chancellor and council of that court; (5) And also, in the court of Exchequer, of the county palatine of Ches- ter, held before the chamberlain and council of the court; (6) And to all courts of like jurisdiction to be hereafter erected, ordained, constituted, or appointed, as aforesaid ; and to the warrants and directions of the council-board, and to the commitments, restraints and imprisonments of any person or persons, made, commanded or awarded by the king's Majesty, his heirs or successors, in their own person, or by the lords, and others of the privy coun- cil, and every one of them.
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And lastly, provided and be it enacted, That no per- son or persons shall be sued, impleaded, molested or troubled, for any offence against this present Act, unless the party supposed to have so offended, shall be sued, or impleaded for the same, within two years, at the most, after such time, wherein the said offence shall be com- mitted.
EXECUTIVE DEPARTMENT,
MILLEDGEVILLE, GEORGIA,
March 12th, 1864.
By order of his Excellency the Governor, and in com- pliance with the recommendation of the authorities of Wilkes county, license No. 9, issued to John Wortham of said county, on the 12th of March, 1863, authorizing him to distill one thousand gallons of whiskey for the use of the people of said county, was this day revoked, a copy of which revocation was ordered to be served upon said John Wortham by the sheriff of said county, or his deputy.
JOSEPH E. BROWN.
By the Governor,
H. H. WATERS,
Sect'y Ex. Dept.
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CONFEDERATE RECORDS
EXECUTIVE DEPARTMENT,
MILLEDGEVILLE, GEORGIA,
March 14th 1864.
By order of the Governor, and in compliance with the recommendation of the authorities of Fulton county, license No. 3, granted to High and Lewis of said county, on the 5th of January 1863, authorizing them to distill 57,000 gallons of whiskey for the Confederate Govern- ment, was this day revoked, a copy of which revocation was ordered to be served upon said High and Lewis by the Sheriff of said county, or his deputy.
JOSEPH E. BROWN.
By the Governor, H. H. WATERS, Sect'y Ex. Dept.
The following message was sent to the General As- sembly, to-wit :
EXECUTIVE DEPARTMENT,
MILLEDGEVILLE, GEORGIA,
March 15th, 1864.
To the General Assembly :
I am informed, since you assembled, that I can make a contract with a house abroad for the delivery of a large supply of Cotton Cards, upon short notice, which
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STATE PAPERS OF GOVERNOR JOS. E. BROWN
must be paid for in Sterling Exchange, and which might be imported by the State to supply the wants of her people.
I therefore recommend the appropriation of one mil- lion of dollars, or such part of that sum as it may be necessary to use, and ask that I be permitted to invest it in cotton and run it out through the blockade to create a fund in England sufficient to pay for the Cards, and that I be authorized to import them and sell them to the people at such price as will cover actual cost and expenses. This would enable me, in a few months, if we have ordinary success in making the importations, to supply the demand of our people for this indispensable article.
The Card Factory at this place is now turning out over one hundred pairs per day, but this is wholly inade- quate to supply the demand. The State can make enough, I trust, during the year to supply the needy soldiers' families who look to her as their natural guar- dian in the absence of their husbands and fathers in service, but we cannot make enough to supply all our people.
Under the arrangement proposed, I trust the demand could soon be met at reasonable prices, and as the money, when received, for the Cards, from the people, would be paid back into the Treasury, the appropriation would be in the nature of a loan, soon to be returned, and would add nothing to the debt of the State.
JOSEPH E. BROWN.
.
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CONFEDERATE RECORDS
EXECUTIVE DEPARTMENT,
MILLEDGEVILLE, GEORGIA,
March 17th, 1864.
To Generals Commanding Departments, and Custom- House Officers in Confederate States :
The Georgia Relief and Hospital Association, of Au- gusta, Georgia, was organized and now acts under State laws and solely for the benefit of soldiers in service or wounded and disabled soldiers. The General Assembly of this State, at its late annual session, appropriated a large sum of money to be used and disbursed by said Association; and the Association was authorized by Act of the Legislature of the State to import articles needed by the Association for its legitimate purposes; therefore I request that said Association, through its officers or agents, be permitted to export one hundred bales of cot- ton, for the purpose of importing supplies for the use of the Association, which is a State institution, recog- nized and supported by State authority and State appro- priation.
Given under my hand and the seal of the Executive Department the day and the year above written.
JOSEPH E. BROWN. By the Governor, H. H. WATERS,
Seet'y Ex.Dept.
:
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STATE PAPERS OF GOVERNOR JOS. E. BROWN
EXECUTIVE DEPARTMENT,
MILLEDGEVILLE, GEORGIA,
March 18th, 1864.
By order of the Governor, and in compliance with the recommendation of the authorities of Fayette county, license No. 15, issued to Franklin Handsome on the 23d day of March, 1863, authorizing him to distill 1,300 gal- lons of whiskey for the use of the people of said county, was this day revoked, and a copy of said revocation or- dered to be served upon said Franklin Handsome by the sheriff, or his deputy, of said county.
JOSEPH E. BROWN. By the Governor,
H. H. WATERS, Seet'y. Ex. Dept.
EXECUTIVE DEPARTMENT,
MILLEDGEVILLE, GEORGIA,
March 18th, 1864.
By order of the Governor, and in compliance with the recommendation of the authorities of Randolph county, license No. 45, issued to Thos. J. Guimarin of said county, on the 16th May, 1863, authorizing him to distill 1,500 gallons of whiskey for the use of the people of said county, was this day revoked, and a copy of said
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revocation ordered to be served upon the said Thos. J. Guimarin by the sheriff, or his deputy, of said county.
JOSEPH E. BROWN.
By the Governor,
H. H. WATERS, Sect'y. Ex. Dept.
EXECUTIVE DEPARTMENT,
MILLEDGEVILLE, GEORGIA,
March 18th, 1864.
By order of the Governor, and in compliance with the recommendation of the authorities of Butts county, license No. 11, issued to G. W. Thornton of said county, on the 21st of March, 1863, authorizing him to distill 500 gallons of whiskey for the use of the people of said county, was this day revoked, and a copy of said revo- cation ordered to be served upon the said G. W. Thornton by the sheriff of said county, or his deputy.
JOSEPH E. BROWN.
By the Governor,
H. H. WATERS, Sect'y. Ex. Dept.
The following special message was transmitted to the House of Representatives, to-wit:
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STATE PAPERS OF GOVERNOR JOS. E. BROWN
EXECUTIVE DEPARTMENT,
MILLEDGEVILLE, GEORGIA,
March 18th, 1864.
To the House of Representatives :
In compliance with your Resolution, I herewith trans- mit a *letter of the Adjutant and Inspector-General upon the subject of the exemption of the ministers of the Methodist Episcopal Church from military service, to- gether with the orders issued by him upon that subject.
I also transmit *copies of letters addressed by Co !. M. C. Fulton, my Aide-de-Camp, by my direction, to per- sons who have submitted inquiries whether local minis- ters of that church are exempt under the statute.
While the language of the statute does not embrace ordained local ministers not in charge of a church or synagogue, I was of opinion they came within the spirit of the Act, as many of them spend a considerable portion of the time in ministerial service, and I therefore so con- strued the statute as to exempt them.
It will be seen by the letter of General Wayne that his order to Col. Pottle was never submitted to me for approval, as I was absent at the time it was issued. I will add, that I never heard of this order till complaint was made to me about it on the night of the 15th instant; and on the next morning I directed the Adjutant and In- spector-General to issue the general order, of which I
* Not found.
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enclose a copy-which had been done before I had any notice of your resolutions, which were passed the day after the order had issued.
So far from having any intention to place a construc- tion upon the statute which would subject the ministers known as circuit preachers and elders and elders of the Methodist Church to military duty, I had, on all occa- sions, when the subject was mentioned to me, stated that they were exempt.
And I may here state, that I have constantly ex- pressed my opposition to the passage of any Act by Con- gress, or the State Legislature, which subjects the or- dained ministers of any religions denomination to mili- tary service. Their avocations are of peace, and not of war, and I think that no legislator should forget the com- mand, "touch not mine anointed."
JOSEPH E. BROWN.
The following message was transmitted to the Senate, to-wit :
EXECUTIVE DEPARTMENT,
MILLEDGEVILLE, GEORGIA,
March 19th, 1864.
To the Senate:
In response to your resolution, I state that I have received from the Confederate Government no official, or other information, of the passage of the law in reference
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STATE PAPERS OF GOVERNOR JOS. E. BROWN
to the exemption of State officers, and have no knowledge of the passage of such a law other than that derived by our people generally from the statements contained in the newspapers, and have therefore sent no certificate to the government about the officers.
So soon as I am invited by the government to specify the officers exempt, I will act promptly in the matter. The Supreme Court of this State having held that the Confederate Government has no Constitutional power to conscribe the officers of the State, I trust it may not be attempted. If it is, I shall do all in my power to prevent it, and to maintain the supremacy of the Constitution over the unauthorized orders of any and all military officers.
JOSEPH E. BROWN.
The following message was transmitted to the General Assembly, to-wit:
EXECUTIVE DEPARTMENT, MILLEDGEVILLE, GEORGIA,
March 19th, 1864.
To the General Assembly:
In my message at the commencement of this present session, I submitted to you the question whether the State shall turn over all her active militia between 17 and 50 years of age to the Confederate Government, under the late Act of Congress, and thus leave herself without suf- ficient force to execute her own laws and suppress servile
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insurrection, if attempted. I think I also showed that it will be impossible for our people to make a support for the army and the women and children at home for another year if this is not done.
Since your meeting, we are informed by the news- papers that orders have been issued for the enrollment of all these men into Confederate service, and that they be sent to camp of instruction, so that each must take his chance to get a detail from Richmond before he will be permitted to cultivate his farm or attend to any other business at home. The time will soon have arrived when, under the new Conscription Aet, as published, all who had not enrolled for service within the State are subject to be enrolled and sent wherever the President chooses to direct.
These men have been legally enrolled, under an Act of this General Assembly, for the service of the State. In his letter to me of 29th May, 1862, the President admits the right of the State to call forth her own militia, to execute her own laws, suppress insurrection and repel invasion, and to govern all her militia not in the actual service of the Confederacy.
The Constitution also, by elear implication, authorizes the State to keep troops, in time of war, so long as she is invaded.
The right of the State therefore, to enroll into her own service any of her militia not in the actual service of the Confederacy is too clear to be questioned, and is indeed admitted.
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STATE PAPERS OF GOVERNOR JOS. E. BROWN
While there can be no question about the right of the State to keep all she has mustered into her service, she has the power to turn them over to the Confederacy, and should do so if she can in that way better promote our cause by strengthening the army, without failing to make the supplies of provision necessary to prevent it from disbanding.
This is one of the most important measures upon which you were convened, and the country has a right to expect that you will not adjourn without taking action upon it. The sovereignty, and probably the existence, of the State is involved, while justice to those now enrolled into State service who are claimed for Confederate ser- vice requires that they know as soon as possible what dis- position is to be made of them. Your action can settle this question either way, and avoid all conflict or collis- ion. Having submitted the question to your decision, I am prepared to abide your action when taken, whether in conformity to my own views of sound policy or not.
I am also informed that no final action has yet been taken upon the question of the suspension of the writ of habeas corpus, nor upon the important resolutions which have passed the House on the subject of the terms upon which peace should be sought, which lay down the great principles upon which we entered into this struggle, and insist that it is the duty of the President after each signal victory of our arms, to tender peace upon these principles upon which we stood when we seceded from the Union.
No formal action having been taken upon these great questions, and you having notified me that the General Assembly is about to adjourn, I hereby notify you that
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unless these questions can be acted upon today before your adjournment, I feel it my duty to require, as I here- by do, that the General Assembly convene in extra ses- sion, at the Capitol in this city, on Monday the 21st in- stant, at 10 o'clock A. M.
As I should deeply regret to have to detain members now anxious to return home, nothing but a sense of duty could prompt me to take this course; and as each of these measures can be disposed of by resolution, I trust you may yet be able to act upon them today.
Assuring you of my wish to act in concert and har- mony with you when in my power, I beg to renew my thanks for your official courtesy and personal kindness during the session.
JOSEPH E. BROWN.
EXECUTIVE DEPARTMENT,
MILLEDGEVILLE, GEORGIA,
March 19th, 1864.
By order of the Governor, and in compliance with the recommendation of the authorities of Mitchell county, license No. 64, issued to John T. Dickinson of said county, on the 19th of June, 1863, authorizing him to distill 800 gallons of whiskey for the use of the people of said county, was this day revoked, and a copy of said revoca-
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STATE PAPERS OF GOVERNOR JOS. E. BROWN
tion ordered to be served upon the said John T. Dickin- son by the sheriff of said county, or his deputy.
JOSEPH E. BROWN.
By the Governor,
H. H. WATERS,
Sec'y. Ex. Dept.
EXECUTIVE DEPARTMENT,
MILLEDGEVILLE, GEORGIA, 1 March 19th, 1864.
By order of the Governor, and in compliance with the recommendation of the authorities of Mitchell county, license No. 65, issued to John T. Dickinson of said county, on the 19th of June, 1863, authorizing him to distill 200 gallons of alcohol for the use of the people of said county, was this day revoked, and a copy of said revocation or- dered to be served upon the said John T. Dickinson by the sheriff of said county, or his deputy.
JOSEPH E. BROWN.
By the Governor,
H. H. WATERS, Sec'y. Ex. Dept.
EXECUTIVE DEPARTMENT,
MILLEDGEVILLE, GEORGIA,
March 19th, 1864.
By order of the Governor, and in compliance with the recommendation of the authorities of Crawford county,
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CONFEDERATE RECORDS
license No. 12, issued to Solomon R. Johnson of said county, authorizing him to distill 1,200 gallons of whis- key for the use of the people of said county of Crawford, was this day revoked, (said license bearing date 29th of March, 1863,) and a copy of which revocation was ordered to be served upon the said S. R. Johnson by the sheriff of said county, or his deputy.
JOSEPH E. BROWN.
By the Governor,
H. H. WATERS, Sec'y. Ex. Dept.
EXECUTIVE DEPARTMENT,
MILLEDGEVILLE, GEORGIA,
March 19th, 1864.
By order of the Governor, and in compliance with the recommendation of the authorities of Crawford county, license No. 13, issued to Joseph Marshall of said county on the 29th of March, 1863, authorizing him to distill 100 gallons of alcohol for the use of the people of said county, was this day revoked, and a copy of said revocation was ordered to be served upon the said Joseph Marshall by the sheriff of said county, or his deputy.
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