Letter from William Delay to Mississippi Governor Charles Clark; November 27, 1863

[seal]

Oxford Miss, Nov 27^th 1863.

His Excellency Gov Chas Clark,

Sir: At the request of a number of prominent citizens ofthis here, I make for your consideration the fol-lowing Statement, and ask your opinion at your earliest convenience.

A Lady and her aged father from Calhoun Co. recently visited their relatives in De Soto Co, and while there, pur-chased a barrel of salt from their relatives paying the money for the Same—they had no cotton. On their return home their wagon, team and salt were seized by our troops, confiscated and turned over to the Govern-ment. These facts as Stated, were proven to Gen Lee, who is here, and he refused to give up anything, alleging that it was the order of Gen Johnston, and must be carried out, showing that if a citizen on this side of the Tallahatchie river crosses over and purchases articles of cit-izens with money, on the other side, their prop-erty is liable to confiscation. There have been several. ^cases^ similar, occurred here recently, and civil process issued by the citizens to recover the property and in every instance overruled and disregarded by the military authority. Can the civil law be enforced, or can the mili-tary authorities overrule and disregard all civil law?

Your answer will be anxiously looked for here at an early day.

I have the honor to be very Respectfully, Your Obt Sevt—

W^m Delay.

Hon Chas Clark Gov. of Miss.

W^m Delay. Nov. 27^th 1863.

[seal]

"Copy"

Oxford Miss Nov 27^th 1863

His Excellency

Gov. C. Clark

At the request of a number of prominent citizens here—I make for your consideration the follow-ing Statement, and ask your opinion at your earliest convenience:

A Lady and her aged father from Calhoun Co, recently visited their relatives in De Soto co and while there purchased a barrel of Salt from their relations, paying the mon-ey for the same—They had no cotton—On their way home, their wagon, team and Salt were seized by our troops, con-fiscated and turned over to the govern-ment—These facts as Stated were proven to Gen^l Lee, who is here, and he refused to give up anything, alleging, that it was the orders of Gen^l Johnston and must be carried out, Showing that if a citizen on this side of the Tallahatchie river—crossed over and purchased articles of citizens, with money on the other Side, their property is liable to confiscation—There have been several Similar cases occur-ed here recently, and civil processes

issued by the citizens to recover the property and in every instance overruled and disregarded by the military authority—can the civil law be enforced? or can the mili-tary authorities overrule and disregard all civil law?

Your answer will be anxiously looked for here at an early day

I have the honor to be Respectfull Your Obed^t Servant

W^m,, Delay

Copy

Meridian Dec 9 1863

Referred to Major Gen Lee who is respectfully re-quested to report the facts in this case—

J. E Johnston General

Hd Qurs Cav in Miss Grenada Dec 22 1863

Resp'y referred to Brig Gen^l,, Chalmers for his investigation and report.—

By Command of Maj Gen^l S D Lee

L W Holt AAG

Copy

Hd Qurs Chalmers Cav Near Como Jany 6 1864

The facts Stated are about true so far as I Know—The case was examined and settled by Maj Gen^l Lee and he knows more of it than I do—Gen^l Lee simply enforced the orders of Gen^l Johnston that were plain and unmistakable

Jas R Chalmers Brig Gen^l

Copy

Hd Qurs Jackson Miss Jan 19 1864

The two Telegrams en-closed, will explain all the facts—

My orders were to confiscate all goods &c coming into our lines from Enemy's or in other words to break up the trade in North Miss with the Enemy—Brig Gen^l Chalmers Could not get the confiscated Stores adjudicated on by the proper Judicial officers

Respectfully forwarded—

S. D. Lee Maj Gen^l