The Athens post. [volume] (Athens, Tenn.) 1848-1917, 1863-02-06
The State of Tennessee,

The state OF tennessee,
on he relation Of Thomas p Me.hilha VS..
Capt. Adm Bse9fs.
This cause came on for trial on this day. at the
Court. house in Cleveland, before me, JoHS G..
GAur Judge of the Fourth Judicial Circuit in
the State Of Tennessee upon the return Of the sheriff
Of Bradley county of the wri, Of kobcas corpus is
sued in this cause, Tho relator, Thomas p. Me-
Milliu, being brought before the by said Sheriff.
when, almy request Hon. A, g. WELcKER, Chan
cellor Of the Second Division OF this state, as
sisted me in the trial of the cause. The following
facts were proven In evidence before us, tO-wie4.
Tha, the said petitioner Thomas p. MeMillin,
was, on the 2lst day of January, 1862, duly and
legally appointed and qualified as Deputy Clerk
aud Master Of the Chancery Court mt Cleveland,
Bradley county, Tennessee and from that time
up to the time Of his arrest he performed the du
ties of Clerk and Master of said Court, receiving
the fees and emolumeuts of said Office; that by
reason of his said Office, William /. Campbell,
Chairman Of the County Court and Enrolling Of
fcef of said county, on the 18th day OF October,
1852, gave the said McAlilln certificate Of ex-
emption from military service in ;he army Of the
Confederate States of America during his con
tinuance in office as Deputy Clerk and Master as
aforesaid, which was approved by Col. Blake, at
Knoxville, the 10th December 1852; that on the
Goth day of December, 1862, the said McMillin
was arrested US n conscrpt by order of Maj. John
j.. Hopkins or Lieut. Col. Blake or both, and the
proof did not distinctly show which one made
the Order-hc was ordered under guard with the
others who were put in ja that said McNilin
was transferred to the defendants Capt Alvin
Boeglcs, Company to avoid going TO said Jail, but
under protest that he was not conscript and was
not subject to said arrest; that he has been sub
ect to the orders aud control of the defendant,
Capt Alvin Bccgles, ever since; that said Beeglcs
is the Captain of Company of Cavalry in the
service of the Confederate States Of America.
Now, the question for our decision is, was said
arrest and confinement of the petitioner, Thomas
=. McMilln illegal and an unauthorized restraint
of his liberty '
The second section Of the Exemption Law
passed by the Confederate Congress and approved
on the 2lst day of April, 1862, oxcmpts "all
clerks and officers of the State and Confederate
governments allowed by law and "all Judicial
and executive officers Of the Confederate andState
governments" from military duty and from en-
rollment under the COnscrpt Act of the 10Th Of
April, 1852. The first section of the Exemption
Law passed by the Confederate Congress aud APP
proved llth of October 1862, eycmpts from mill
tary service in the army of the Confederate States
under the law of the 9th September, 1862 OK.
tending the couscript age from eighteen to forty
five years. "the officers judicial Pnd executive, of
the Confederate and State governments" and "all
clerks now in the offices of the Confederate and
State governments authorized by law, receiving.
salaries or fees"
From the foregoing provisions Of law, and the
evidence before us, we believe the correct decision
of the question before us depends upon the qucs-
ton Of law whether Thomas P. McMilln is a
clerk de lure by the laws of the State OF Tonnes
see And to prove that he is a clerk by the laws
of this State, clerk dc jurc in the full sense and
meaning of the word, with all the powers OF his
principal, we are referred to section 1850 Of the
Code, which, in part, defines the powers, duties
and authority of the clerks of this State And
the fourth paragraph of said section confers upon
them power to appoint deputies, with full power
TO transact all the business Of such clerk; such
deputy first taking an oath to support the Consti-
tuition and Laws Of this State, and faithfully to
discharge the duties of deputy clerk Of tho Court
for which be acts. Section S32 prescribes the
oath to be taken by each principal clerk in this
State and section 333 requires each deputy clerk
to take the oath appointed for the qualification Of
public officers, (which means the same oath of
his principally aud an oath faithfully to discharge
tho duties of his Office to the best of his skill and
ability And section 334 Of the Code provides
that in case of the death of any clerk Of n court
bis dainty sbnll hold tbc office until the vacancy
:. 6lled Inv nnnointment or nm election. MS the
case may be. With these provisions Of the law
Thomas p McMilIin is clerk of the STATE of
Tannossea and nf the Cbnnccrv Court ot Cleve.
land bcld md recocpizcd NV tho law ns sncb
with III. same powers md opiboritv as his nrin.
cipal while in Office in the discharge Of the duties
Iii onnointo1 md bavin,, token tho several
aths spoh denntv And IN this view of the
O"'"' Us "rs,dincJ by ,So rrncirles decidod
vi .o,,lod h., tbo sn,,rcn,o rourt If TonrosQee
TSee F,rmors' & Merchants Rank RS. Chester 49,
zee ru,,uV,a % '1 1osV Sm1 a"cb donnty eor,
w. r.,,, ,,orc,nn,ir, r,;l;,ary Jr,v H.,
nv - ,h as S,d,o 81 TanneS.oo i,oo Godc
.no ,""9 ,1 W Wv 80 W 90 inras,on w ;ns~r
eo,;om nd no,r ,oas ,bor tbe rcnu;sion If
NV Gn,.orn"r of Tcn5ossoo who ne Tho command.
suG otiat or ,ba Militia Of tbc state in cose If
,nr,sinn nr insnrrection a,,soi or ;mn,;neut can
iuySson VI ","Jt v, ,";'