Letter from R. S. Buck to Mississippi Governor William L. Sharkey; July 27, 1865

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Letter from R. S. Buck to Mississippi Governor William L. Sharkey; July 27, 1865

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People

Birchett, Geo K., Jr.Buck, R. S.Collins, J. D.George, Unknown Johnson, Andrew, 1808-1875 Scott, R. B.Sharkey, William Lewis, 1798-1873 Thomas, Samuel

Events

Crime Crime--Forcible entry and detainer Crime--Fraud Criminal Procedure Criminal Procedure--Amnesty Criminal Procedure--Arrest Criminal Procedure--Imprisonment Criminal Procedure--Trial Legislation. United States. Congress Legislation. United States. Congress. General Amnesty Act (1865)

Military Units

United States. Army United States. Army. Colored Infantry Regiment

Organizations

Courts and Judicial Systems Courts and Judicial Systems--Criminal Juries Plantations United States--Bureau of Refugees, Freedmen, and Abandoned Lands United States--Congress United States--Department of the Treasury

Occupations

Judges Lawyers Medical Profession Medical Profession--Physicians Provost Marshals Treasurers

Places

Mississippi--Hinds County. Jackson Mississippi--Warren County. Vicksburg Washington (D.C.)

Social Identifiers

African Americans African Americans--Historically Free and Newly Freed

Page 1

V.Burg July 27^th 1865

Hon W. L. Sharkey
Provisional Governor &c
Jackson, Miss.

Dear Sir

I wish to call to your attention an occurrence that transpired here this morning. somewhat remarkable for outrage. and gross violation of the few rights yet accorded the citizen of this State, even in this fruitful period of outrages, and unjust exercises of military authority, and as the occasion of it had its origen in Your partial restoration of civil authority, it is but right that I should claim of you any redress, that you may esteem the case to merit, and you can give.

Under the law of "Forcible Entry & Detainer" D^r R. B. Scott of this county brought his suit against J. D. Collin, who is in possession of his Plantation in this county under a lease obtained by him from the

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Treasury Agent, as an abandoned Place, D^r Scott came to advise with me as an attorney, & stated that he could prove that his property in question, did not fall within the operation of the act of Congress, declaring what shall be deemed "abandoned property," & subject to lease, and that the affidavit of Collin, upon which the Treasury Agent issued the Lease, was a fraud both upon himself and the Government. As the Lease was based solely on Collin's affidavit showing that the Place was abandoned, I advised D^r Scott that he could recover against Collin in his suit & have a writ of possession awarded him. This morning the case was tried before Justices Birchett & George & a Jury, & I appeared as counsel for D^r Scott. The Defendant Collin did not appear upon the trial of the case either in person or by Counsel, Dr Scott sustained his suit by conclusive proof of his right to re-cover, and the Jury returned a verdict in his favor. Upon the application of Collin ^an hour after the trial^ to one Col Saml. Thomas, who has been lately invested with the important duties & powers of a 'Commissioner' or "Provost Marshall of Freedmen"

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& supreme governance (as he claims) of Every-thing that comes within the term "abandoned property," & an ex parte showing that this illegal proceeding was had against him, & he was about to be dispossed, by process of law, of D^r. Scotts property. Col Thomas issued an order for the arrest of Justice Birchett & myself, for such par-ticipation as we had in the trial, which order was duly & with alacrity executed by two negro soldiers, who came to my house, while at table with my family, & compelled my immediate appearance before this ~~[?]~~ Colonel. He informed me, with evident satis-faction & pride, that he had been appealed to by Mr Collin to sustain him in his possession of D^r Scotts Place, & he had arrested us for having attempted to oust him, & that he should certainly arrest and imprison any civil officer who attempted any further Exercise of Official duty in the premises, an effort to explain to him the perfect right that D^r Scott had to show, as he had done in the suit, that Collin had imposed upon the Government, & defrauded ~~D^r~~ him by the affidavit

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upon which he obtained the Lease and posses-sion of the Property, was wholly unsuccess-ful, his view about the whole matter seemed to be, that those in civil authority (?) were trying to push the military from their stools—and the result would be, as he expressed it, that in six months, there would be a severer exercise of military power in the state, than there has ever been yet.

I had been shown a letter from Col Thomas to Collin on Tuesday, in reference to the suit of D^r Scott, in which, without any reference to D^r Scotts rights in the matter, he committed himself to Mr Collin to sustain him by the power of "all the armies of the Government," in his possession but advised him to obey the civil writ, no order ever came to me or Mr Birchett to cease the proceeding, from Col Thomas, or any one in military authority here.

The suit is ^was^ permitted to proceed quietly to its close, & then one of the Justices & myself are subjected to the outrage stated above, & the sole charge is, that Mr Birchett sat as Justice in the case, and I appeared as counsel for the Plaintiff

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Mr Collin being a Lessee of the Government & under the especial protecterate of the Freedmans Bureau: As the one presumed best to know, I wish to submit to Your Excellency the following inquiries, as their answers will prove my rule of conduct hereafter in many particulars. Can you give protection in any way to Officers of the law & attorneys of the courts against ^military^ outrages, & in cases such as I here detailed? If you cannot, the pro-fessional duties of the latter, will be greatly cur-tailed, as we do not know what class of cases there are, in the conduct of which we may be exempt ^from arrest^ at the option of some petty military officer.

2^nd Where the law gives the Citizen a remedy by Civil action under the state laws, against a Citizen, & the proper court awards it, has any military authority here the right to suspend, or defeat the remedy? If no, and yet it is done, to whom shall he appeal?

3^rd Have you the Power to enforce the cit-

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-izens rights of property resulting to him from the Presidents Amnesty Proclamation?

The oath of amnesty here is not construed as restoring any right of property whatever by the military, particularly when in con-flict with their convenience, at least no case has yet occurred, within my knowl-edge, when it has been the ground of a restoration of property held under military authority, & I have made several applications in cases of this class. And finally has not Col Thomas stepped beyond his powers, broad as he claims them to be, to subject me, and one of your Officers, to undeserved and unprovoked insult and outrage? & if so, how can the wrong be redressed? if he is amen-able to your authority I certainly claim its exercise in refutation of what he has done, If only to the authorities at Washington you are the only one, probably, who would be heard there, I ask that the case be represented, & Col Thomas' duties & powers be so defined, as to restrict him in the future, from the perpetration of similar outrages, ~~hereafter~~. If, in the case in question, Collin had lawful possession of the property,

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of D^r Scott, under the act of Congress, what had Col Thomas to fear from a lawful investigation of the case. If his possession was unlawful under that act—& that possession occurred by his own doing—where is the Justice of Col Thomas, & where is his authority for sus-taining him in that possession, when it has been so adjudged by a competent court & impartial Jury? And to what possible cause, except a petty disposi-tion to display his power, can be ascri-bed the arrest of myself & the Justice, when an order, suspending further action by the sheriff, would have effectually held Collin in possession. I have hastily stated this case to your Excellency, but suf-ficiently clear I hope, for such action as like cases are entitled to at your hands. I think the military authorities here have a supreme contempt, for all ~~who~~ claim to authority under your commissions, & if not sustained in this, or their expressions of it, by the authorities at Washington, they should be made to understand it, and many troubles that are evidently brewing, will thereby be avoided

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and the public quiet and good order that you are earnestly labouring for in the state, the more speedily be attained. I should be glad to hear from you, both as Governor & friend, & subscribe

myself Yours very truly

R. S. Buck

The facts as stated by Mr Buck are correct and true and on my own behalf, I ask redress at your hands.

Very truly Yours

Geo K. Birchett Jr