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Letter from Mississippi Attorney General T. J. Wharton to Mississippi Governor Charles Clark; January 5, 1864
Attorney Grenada Office Jackson, Jany 5th 1863 [In brackets witten in pencil [1864?]
His Excellency } Chas Clark } General Polk had long con-ference with me in reference to the majority of [Illegible] within to avoid all possible collusion between the military & civil authority, under the conscript laws. I recommended that he & yourself join in a letter to the Judges of the High Court requesting them to hold a term of their Court, & afford an opportunity of reviewing, a unit of men, The decision of the Circuit Judges or unit of Hab [Illegible] - This suges-tion he cordially approved. I said if it could be ascertained where Judge Handy was he would send a courier with a letter to him. I advise that you write to Judge Handy, at Canton, on receipt of this.
In view of the difficulty, I am inclined to advise that you commission Col Hurst as Judge. When I was at Columbus-the matter was but little discussed or considered whether this can [Illegible] [issued?] to Mr Goode was absolutely void or only void-able [Underlined]. I inclined to regard it as only voidable[Underlined], & so stated in the opinion I sent you. On further inspection, & after consultation with others In whose opinions I have great respect, I regard it as clearly and absolutely void. Suppose you had been informed by the Secy. of State that some one who was not a candidate & had not been voted for, had red a majority of votes polled & you had there upon issued to him or to a man who was really
dieddead at the time, a commission. You would not doubt that the com-mission so informed was absolutely void. Besides, he can ????
-sion does not confer the office, or the right to hold it open the person can [Illegible]. The only [Illegible] found evidence [Underlined] of his having been elected to it, and that is the case even where there is no contest as to the matter. I maintain that of Mr [Illegible] has now resigned (although it is [Illegible] to say he resigned, [Underlined] as he was never elected) but had claimed his seat, under his commission, the objection could be made, on terms, [Underlined] as it was done in the case of Mr [Laspley] - who went on the bench under his appointment by Mr. Whitfield by any party having a case in Court. Upon the resignation of Judge Sharkey, [Mr Laspley] was appointed to fill the remaining Judge & term had more than one year to run. In such case the Governor has no power to appoint.
Again: There is no contest in this case. After learning that Hunt had an actual majority of the votes polled, [Illegible] as I learn, declared he would not be a candidate at the special election.
Under all the circumstances, if I still had a doubt as to the commission being only voidable,[Underlined] I would be inclined to review the doubt by advising that a commission issue to Hunt.
I need a letter from Mr Gillespie stating that you were at some loss as to one or two points [Illegible] under the case bonds to be issued to take up the [Illegible] votes issued [Illegible] military defence & -[Illegible] as to the forms [Underlined] of the bond prescribed - which is "No. The [Illegible] of Mississippi will have five hundred dollars, payable ten years after day"- I am asked whether you are authorized to change the [Illegible] day into date. There is no necessity for such change. The terms are [Illegible] in law in such a case. Ten years after what day! Why the day of the date of the bond, which the [Illegible] urging to be signed.
We say day and date. [Underlined from day and date] They are convertable terms. Have you examined the original? If it is correctly printed, let it stand Just as it is --"day"
The seems dependent on, whether the law authorizes bonds of [Illegible] denomination than $500 to [Illegible] - No bond of greater [Underlined] or smaller [Underlined] denomination - than $500 can issue. that is fixed-by the [Illegible] given in the 1stSec - also by the concluding words of the 2d Sec- "provided the sum so presented shall amount to five hundred dollars" - No fractional [Underlined]voids can issue. If a [Illegible] has $700 - he can only get a bond for $500. If he has $10000, he can get 20 bonds, each, for $500-
Mr R?????? mentioned some difficulty suggested by you in refer-ence to the law establishing a temporary Penitentiary
1st As to Mr [Illegible] continuing in office, as their terms has expired, & so new ones were appointed - The atd ones and and or, until their sucessors are appointed and qualified." or, until removed for delinquency. They are required to visit & inspect the institu-tion once a week[Underlined last three words]. [Illegible] if they have been in Ala for several weeks. They should at once resign [Underlined] -& let others be appointed. You had better write to them, as this would obviate [Illegible] In this re-moval. As yet they are not delinquent. After recognition of their continued absent, You would have to suspened them. One of them is J. C. Nassion, Demopolis - the other is C. R. Dickens, Selma - Sec Code 63:3- Art. 2 as to the terms of the inspection.
Second- Do the general laws governing the Penitentiary apply to the temporary Penitentiary [Underline temporary and Penitentiary? They [Underlined] do [Underlined], as far as appreciable to the changed[Underlined] conditions [Underlined of the institution.Sec [Illegible] art -- Sec 3-" so far
Letter from Charles Newman, Jr., to Mississippi Governor Charles Clark; January 15, 1864
Macon Miss Jany 15th 1864
I have been informed that the Legislature of the State at its last Session made an appropriation for the purchase of Cotton Cards for the use of the Citizens of the State, and authorized you to make the necessary arrangements to procure the Same. Such being the case I propose to furnish them upon the following terms! I will deliver them in lots of at least (1000) One thousand Pairs at such a point as may be agreed upon at ($5 00/100) five Dollars a pair and for every (1000) thousand Pair which I deliver I am to be allowed to purchase and ship beyond our lines (150) One Hundred & fifty bales of Cotton which is to be furnished by the State or to be purchased by me, which I propose to purchase in that Section of the State which is the most liable to the raids of the Enemy. If furnished by the State it is to be at the same rate which it can be purchased at or a stipulated price. I propose in all cases to deliver the cards before the Cottton is purchased or shipped. Full and ample Authority to be given me to purchase and ship outside of our lines from any point in the State, so that it will not be interferred with.
Respectfully Charles Newman Jr
To His Excellency Charles Clark } Governor of Mississippi }
Letter from A. M. Dowling to Mississippi Governor Charles Clark; January 15, 1864
Macon Miss January 15. 1864
His Excellency Gov. Clark
Present. Dear Sir, If I can use the State or Conferate notes, I propose to give the State of Missisippi 15.000 pairs of Cards, in Such proportion of cotton & Wool cards as you may designate, for One hundred Thousand dollars and The privilege of Selling within the Federal lines five hundred bales, of 500 lbs each, of cotton, provided my teams, teamsters, wagons & loads, both of cotton and back loads are protected To & from the Federal Pickets: or I will give twenty five thousand pairs for the privilege of hauling & Selling as above, One Thousand bales of Cotton and The payment of The $100.000. Not exceeding one half of The money to be paid until a proportional portion of the cards are deliv=ered. The money Thus advanced, to be Secured by bond for the delivery of The Cards if The Cotton be bought & Sold as above, or The money to be refunded, if it cannot be used.
very Respectfully A. W. Dowling
Certificate from Charles E. McGuire; February 1, 1864
Know all men by these presents that I Charles E. McGuire of the County of Choctaw State of Mississippi have made Constituted & appointed A. P. Trotter of the County & state aforesaid my true & lawful agent & attorney for me & in my name & for my use & benefit to ask demand & receive of & from the State of Mississippi all such sum or sums of money as may be due & coming to me from the State of Mississippi for two horses impressed by Lieut J. P. Trotter by order of Govenor J. J. Pettus through Brigadier General J. Z. George—The amount of the claim is seven hundred & fifty dollars as appears by reference to the certificate of impressment bearing date the 21st day of May 1863—my said agent is hereby authorized to receipt for the same in as full complete and ample a manner, as I myself could do were I personally present
Given under my hand & seal this 1st day of February 1864.
C. E. McGuire (seal)
The state of Mississippi Choctaw County
Personally appeared before me Tho N Davis clerk of the Circuit Court of the County of Choctaw State aforesaid, the above named C. E McGuire who acknowledges that he signed sealed & delivered the above power of attorney on the day & year therein mentioned as his act & deed.
Given under my hand & seal of office at Greensboro this 1st day of February 1864
Tho N Davis clk