Incomplete letter to General Peter J. Osterhaus and Mississippi Governor William L. Sharkey; July 25, 1865

Documents
Incomplete letter to General Peter J. Osterhaus and Mississippi Governor William L. Sharkey; July 25, 1865

Document Network
Document Metadata

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

People

Osterhaus, Peter, 1823-1917 Sharkey, William Lewis, 1798-1873

Events

Crime Criminal Procedure Criminal Procedure--Replevin Criminal Procedure--Trial

Military Units

United States. Army

Organizations

Courts and Judicial Systems

Places

Alabama Mississippi--Hinds County. Jackson Mississippi--Lowndes County. Columbus

Page 1

[seal]

Columbus Miss July 25^th 1865

General Osterhaus, Com, ~~Depot~~ ^Dist^
to His Excellency Govenor Sharkey

The undersigned would respectfully represent, that a doubt exists in the minds of many, as to what tribunal, has jurisdiction in matters of controversy, arising between citizens in reference to cotton, crimes committed, and other matters, in which the U S Government is not directly interested, whether such matters are to be adjudicated upon by the Military or civil authorities, By Proclamation the writ of Replevin is declared in full force, and certain civil officers in office, By order of Gen Osterhaus of 6^th July 1865 in matters of controversy in regard to cotton, the military are authorised to seize and hold the same, until the question of title is settled, they being in possession a doubt has arisen as to whether the writ of replevin would lay, In Alabama we see that the civil law is established

Page 2

and by general order, the military are to assist in its execution, There are many cases simply involving matters of contract between citizens and crimes against the laws of the State The civil officers here understanding that they have simply been put in office, but civil law not established, think they have no power to issue warrants, or try cases We are aware, that there is established at Jackson a court, but it is impossible for persons in this section of the State to avail themselves of its advantages, recently a case was presented, in which on complaint made the possession of cotton was taken by the military from the possession of a person claiming to be the owner, and in which U S claims no interest, under order of 6^th July, this is now in possession of military, such cases occasionally worth great money to real owners, as no bond for damages is required, and owners are put to great delay and expense, In cases similar to the one alluded to might not the party in whose