Letter from Mississippi Governor William L. Sharkey to General Henry W. Slocum with a transcribed copy; July 31, 1865

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Letter from Mississippi Governor William L. Sharkey to General Henry W. Slocum with a transcribed copy; July 31, 1865

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Each transcribed document contains links that connect it to other documents on the same topic in the collection.

People

Birchett, George K.Buck, Richard S.Sharkey, William Lewis, 1798-1873 Slocum, Henry Warner, 1826-1894 Thomas, George H. (George Henry), 1816-1870

Events

Abandonment of property Crime Crime--Forcible entry and detainer Crime--Fraud Criminal Procedure--Arrest Trial

Military Units

United States. Army United States. Army. Department of Mississippi

Organizations and Businesses

Courts Mississippi. Executive Department Plantations United States. Bureau of Refugees, Freedmen, and Abandoned Lands

Occupations

Justices of the peace Lawyers Sheriffs

Places

Jackson (Miss.)Vicksburg (Miss.)

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[seal]

Executive Office
Jackson miss July 31^—,, 1865

Magor General H W Slocum

Sir

I have received a communication from Richard S Buck Esqr an attorney at law in Vicksburg and George K Birchett a justice of the peace of the same place, which discloses their state of Case. Awrit of forcibly entry and detainer was sued out by one Citizen against another for the recovery of the possession of a plan-tation which had been leased out as abandoned property, The remedy is the Common one in use where the possession of real property is withheld from the person entitled to it, The ground relied on for recovery as I understand it, was that lease, if there was a lease, was void for fraud committed by the party who leased the property, a fact which, it would seem, the agent of the government Should have been entrusted to detect, The defendant however failed to appear at the trial to make his defense, having been previously assured by Col Thomas, as it would seem, that he should not be interupted in his possession, On the trial the case was fully made out by the plaintiff, and judgement rendered for him, And therefore Col Thomas arrested one of the justices who tried the Case, and the course for the plaintiff. This is a brief state-ment of the Substance of the case as represented to me. The parties have applied to me for relief, and in pursuing the line of duty it Seems to me that my first appeal must be to you to via the civil authorities in enforcing the law, Had the defendant Appeared with a lease, that would have ended the matter, but under the assurance givin him by Col Thomas he did not Choose to do so, and it is not necessary, I am sure, to remind you that

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whether the action was well brought or not, or whether the court has jurisdiction or not. the judgement must now be presumed to be right. The party neglected his opportunity to controvert these questions, I regret to be Compelled to say that Col Thomas has action in this matter in a very unbecoming Spirit of defiance, In view of the facts I respectfully ask that you furnish the sheriff with Sufficient military force to enable him to execute the judgement of the Court. I shall direct Mr Buck to lay before you a full Statement together with the record in the case,

Respectfully your obt servt

W, L, Sharkey
Provisional Govr of Miss

[note] B. 19. F BJ UC 1865
TB—2/5(Dept of Miss/) 1865 [/note]

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Executive Office
Jackson July 31^st 1865

Major General H W Slocum

Sir

I have secured a communica-tion from Richard S Buck Esqr, an attorney at law in Vicksburg, and George K Birchett, a justice of the peace of the same place, which discloses ~~[?]~~ters State of Case: A writ of forcibly entry and detainer was sued out by one citizen against another for the recovery of possession of a plantation which had been leased out as abandoned property. The remedy is the common ^one,^ in case when the pos=session of real property is withheld from the person entitled to it. The ground relied ^on^ for recovery, as I understand it, was that the lease ^if there was a lease,^ was void for fraud, committed by the party who leased the property, a fact which, it would seem, the agent of the Government should have been entrusted to detect, The defendant however failed to appear at the trial to make his defense, having been prevously assured by Col Thomas, as it would seem,

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that he should not be enterrupted in his possession, On the trial the ~~fact of fraud was proved~~, ^case was fully made out by the plaintiff.^ and judgement rendered for ~~the plaintiff,~~ ^him,^ and thereupon Col Thomas arrested one of the justices who tried the case, and the counsel for the plaintiff. This is a brief statement of the substance of the Case as represented to me. The parties have applied to me for releef, and in pursuing the line of duty it seems to me that my first appeal must be to you to aid the civil authorities in enforcing the law. Had the defendant appeared with a ~~[?]~~ lease, that would have ended the matter, but un-der the assurance givin him by Col Thomas he did not choose to do so.

I regret to be compelled to say that Col Thomas has acted in this matter in a very unbecoming spirit of defeance. In view of the facts, I respectfully ask that you will furnish the sheriff with sufficient military force to enable him to execute the judgement of the court. I shall direct M^r Buck to lay before you a full statement together with the record in the case,

Respectfully Your Obt Serv^t

W, L, Sharkey
Provisional Govr of Miss

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P.S. * It ^And it^ is not necessary, I am sure, to remind you that whether the action was well brought or not, or whether the court had jurisdiction or not, the judgment must now be presumed to be right, The party neglected his opportunity to controvert these questions.

~~W,L,S~~

[Im?] at the above at the asterisk

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Copy of letter to Gen^l Slocum