Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1863-02-23

From the Quituan Advertiser
Tried before the Hon. W n Hancock, Judge
Of the 5th Judicial district Of Mississippi, during
the past week.
For the due comprehension Of the following
cases we win remark that Judge Hancock is
opinion that the Confederate States government
is entitlei 70 the exclusive control aud disDOsi-
ton Of the sol5eiry embrsead is the conscrip-
tion up to the age designated by the President
{at present 40}; that those over that age, until
called upon to perform military service ia the
Confederate army, are subject to duty IN the
STATE miIitia
E. Gatlin sued ont a writ sgainss Major NJ F.
Berry, commsndan5 of the camp Of ms ssructiOn
Petitioner sverrsd that he was duly and con
stiutionalls elected a justice Of The peace in
October, 1862, and commissioned for tHo years
from the first Of January, 1863 that be had
executed a bond in ths penal sum Of $1,000
duties Of said Office; that the called session of
the Legislature made and provided An act re-
curing al civil officers to arrest deserers or ab-
seniers without leave and eonseripts on the
TauHiaitiOB Of ms commanding officer. under
peasltyaf 500 il each case of failure. Held
70 service Esd rsmandsd 70 camp Of instruction.
r. A Patterson sue d out writ against J S.
Bass, State militia enrolling officer. Petitioner
svsrred that he was captain of a company in
Afir NUultllf l-u eclNAAc1 lHtlfItA AtAA1A Al
Of Congress entitled "an act to suthorizs the
formation Of volunteer cOmnsuies for local de-
Tense. approved October Is 1852 ;" that said
c0mpsny had been daily reported TO the Var
Department, and that he vas over the sge Of
forTy-fve years. The petitioner was remanded
to service.
Thomas F Sterling, who had been enrolled
for duty i'm the State militia, fled his petition,
s7eTring that be did, about the 25th day Of
n & 3 II
Csptsin McGilrs company, of Major Bsylis'
bsita'iani that shortly thereafter he procured
substitute. who was regularly received and mus
tered into the service and the petitioner, pursu-
ant to law, by reason thereof released from ser
vice The petitioner was discharged from ser
vice in tie State militia.
J. W Scala had bsen enrolled for militia ser
vice and ordered to report at Quitmsn, there to
attend draft Petitioner averrsd that he vas
within the age of cOnseription; that be hsd re-
ported 10 the camp Of instruction located at Eu-
terprise, and discharged tbeIefrom on Sur
ge1ps certificate Of disability; that he believed
said discharge was only temporary, and that he
was liable 30 be ordered to said camp Of instruc-
ton st any time his honor, concuring in this
view decreed the discharge Of the petitioner
froa service in the Stste militia.
G.. W. Scales esss same as last above.
J. A Chapman averred in his petition that he
ws5 vsthiR tae sgs Of conscTipdon. Discharged
from th5 militia.
Rufus Husbands, being between the sge5 Of
conseri9hou, Was discharged from the militis.
BERRY McCarty discharged on same grounds
G.. D. Pppin sVerrad in bis petition thst be
was O resident Of 5sat No. ?; thss BE was en-
rolad in ths miitis of said beat and at the draft
dre# NJ IS; that he Was also enrolled ia beat
No that Re had been under the impression
uutil recently thst his residence was in beat
No. ; that he had been ordered to report for
miits duty under the draft made IN beat No. 8.
Held to militia duty.
Subsequently Mr.. Pippin fle5 petition
averring that he was within the ages Of eon-
scrip6sn HIS fathers family record being IN
troouced showed bim TO be forsY-thTse years Of
age. Held to service in the Stats Tailits. Ap-
peal granted on the petitioner entering inz6 hond
Thomas Long sued out a writ averriDg that
be was Justice Of the peace. Held to militia
duty. Appeal granted
II r A. Smith, guardian Of /. 5. Harvey,
sued out writ against Lieutenant Humphries, /
o0mmandaat Of the military post at Enterprise, /
for the possession of his ward, who had been
arrested by Lieutenant Humphriss as sn sbsen-
tee. Petitioner sverrsd: That said ward, some
twelve months since, volunteered in the army Of
the Confederate States without the consent OF /
the petitioner or any one having authority Over /
him. The ward discharged.
JAMES Turner hsd been drafted in the militis, |
and 6lei his petition. Averred that be was act |
ing under the appointment Of Charles Basker-
vile, as agent Of the Confsderste States in the |
counties Of jasper and Clark, in the collection |
of cotton and produce, subscribed under an act
of Congress providing for such subscription ;
tdat he had been actively engaged in collecting /
cotton under said appointment; thae he had re-
ceived aud raceipied for sbOuttW0 hundred bales I
of cotton, sad IS awaiting bon6s 10 complete /
tho purchase Petitioner discharged
HeaTy A. Walker fled his petition to be dis /
charged rom the ni'itia. Averrsd that he /
was within the sges cf e0uscripti0n. Upon the I
Introduction Of the family record, petitioner
qss proved to Be forty-tbres. Held 70 service /
and appeal granted.
D. A. Camshell in bis petition, sverred, that !
he had reported to the camp Of instruction and
as an oversesr so long as he eontin- /
ned in that avoeaiioni that he was liable 70 be
ordered to said camp, etc. Discharged from the
militia