The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1865-03-09
10 the Public.

last, I leased for q period Of one year, 70
Joseph Mullins, q loyal citizen Of Knox
county, q re6si abandoned farm, Eve miles
west Of Knoxville, the property Of tkrss
bachelor rebels, Judge Lyon, Doctor Lyon,
and Capt Lyon, bitter, unrelenting, and
Influential rebels. They went into this
rebellion at the start, and did sill they could
70 bring on our present troubles. One OF
them became q rebel Surgeon, another the
Captain Of a rebel company, and the third
gave more aid comfort 10 the rebellion, by
reasons of his talents and influence, than
the other two. These three men fed to
the South, and left their valuable farm
here, which it was made my sworn duty 10
lease oct, as l did, the Department al
Washington furnishing me the form Of s
lease, and requiring me TO send copy Of
the same to Washington, which did, CIV
log Mr.. Mullins another copy.
Under the caption Of " Lands, Tene-
ments, &c, 10 be Leased" the law govern
ing me is in these words:
~. An property so possessed viii be
rented IS soon IS practicable by the Super
vising Special Agent, or the Assistant
SPECIAL Agent under bis direction, having
such possession. No lease viii be made for
more Than twelve months, and when prsc-
tible, such property shall be rented from
month 20 month. All leases will be in
q
in the following form" &C.
I acted IL strict accordance with the law
Of Congress, and with the letter Of my in
structions from the Treasury Department,
in leasing this Lyon farm. A rebel Captain
IN the rebel army wrote q letter here that
Judge Lyon had died at Richmond, and
Captain Lyon had died at Athens, Georgia.
These deaths occurred since the lease in
October. Tie Judge Of the Federal Court,
in January last, sitting in this town. with
more regard for rebels than for the Gov
eminent, and acting upon rebel 6earSGy
testimony, ordered this farm 10 be taken out
OF the possession Of Mullens, and turned
over to q rebel Lawyer, for the use Of the
rebel heirs Of the Lyon family.
Mr.. Mullins forwarded the following pc
tition TO the Judge at Nashville, which
submit because it states the facls and the
law IN lhe case
IT, the Hon. C0nnally r. Trigg, Judge Of the
District Court Of The United States, sitting
an The District Court at RnOEUiHe, (o- the
District Of East Tennessee.
The humble petition Of Joseph Mullins, a
citizen tot the United States, aud of the
State Of Tennessee, resident in Knox cOun-
", unto your Honor respectfully showeth,
that by an Act Of Congress approved on
the 18th day Of March, 1868, It is provided,
"that It shall be lawful for the secretary
Of the Treasury, from and after the passage
Of this act, as he shall from time to time
see al, to appoint d special agent, or agents,
70 receive and collect all abandoned or cap
tured property in any State or Territory, or
any portion OF any State or Territory OF the
United States, designated as in insurrec-
ton against the lawful government Of the
United States, by the proclamation Of tbs
President Of July first, eighteen hundred
and sixty-two." And by the subsequent
Act of July I'd, 1864, it is further provided,
" that in addition 20 the captured and aban-
doned property 70 be received, collected,
and disposed Of, IS provided in said act, the
said agents shall take charge OF and lease,
for periods not exceeding twelve months,
the abandoned lands, houses and teDe-
ments within the districts therein named,
and shall also provide, in such leases or
otherwise, for the en- ployment and general
welfare Of al persons within the limits of
the national military occupation within
said insurrectiOnary States formerly held
as slaves, who are or shall become free.
Property, real or personal, shall be regard
ed as abandoned when the lawful owners
thereof shall be voluntarily absent there
from, and engaged, either in arms or other
wise, ia aiding or encouraging the rebel
lion" By virtue Of these acts, a contract
IA writing was made, and entered into on
the 8th day Of October, 1868, between your
petitioner and VIM. G. Brownlow, Special
Agent Of the Trea. Departn't, by which an
abandoned plantation or farm, late the pro-
perty of one Thomas G. Lyon, lying in the
nth Civil District Of Knox county, on the
holston river, adjoining the lands Of Thos.
Parham, Ned Rudder, and the widow
Lonas, was leased to your petitioner for the
present year. A true copy Of this contract
"a her Al
the possession Of your petitioner, shall be
produced when required by the Court.
The said Thomas &. Lyon, late owner, he'd
espoused the cause of the rebellion, and
had given it his hearty and earnest sympa-
thy and cooperation. When the rebel
forces retired from this part Of the State in
the latter part Of the year 1868, he LEFT his
said farm and went with them, seeking
their protection, and giving to them his al
legiance. Your petitioner is informed that
he remained within the rebel military Ines
from that time. It is reported that he is
now dead. The date Of his decease your
petitioner does not know.
In view of the reasonable conduct Of the
said Thomas c. Lyon, the District Attorney
thought proper 10 take steps for the confis-
cation Of the said estate 10 the government
Of the United States, and fled an infOrma-
ton in said court for that purpose At the
late term of the court, upon satisfactory
proof being made of said Lyons death, the
information was dismissed, and the court
made an order that writ of possession
issue at the instance Of his heirs or devisees
70 remove all persons in possession Of the
premises. Such writ, at the instance Of one
James r. Cooke, who assumes to act as
sgent but whether OF the heirs or devisees
your petitioner does not know, has recently
been issued, and is now in the hands of the
Marshal, who, unless restrained, will be
compelled to execute itby the dispossession
of petitioner.
Before the action OF said court, your ne
titiOner, in pursuance Of said contract, had
gone upon the premises, sown considera-
Bile quantity Of wheat, and made other pre-
parations for the ensuing season. IL now
removed, the labor Of several months, and
the attendant outlay, will be wholly lost to
him. lie begs further to suggest, that he
was no party to the proceedings in court,
was in no way represented during said pro-
ceedings, and in fact had no notice or
knowledge thereof. The officer with whom
be contracted was not an officer Of the court.
but Of the Treasury Department, nor had
his contract any connection or privity with
the process or proceedings. IL was an in
dependent engagement entered into with
an authorized agent, under au act Of Con-
~.
Petitioner is advised that Is has the highest
sanction known to the law, and is not liable
70 abrogGtiOn, least Of all, in an cE parte
proceeding upon motion, and without no.
tice.
By enquiring at the Office OF the County
Court Clerk Of Knox county, petitioner
learns that no will OF the said Thomas c.
Lyon has ever been proven or propounded.
After he left the country a deposite OF i'm
pOrtant papers was discovered, made evil
IDENTIFY by him, or made by his directions.
in which Is a paper in his proper handwri-
ting, IN due form, dated January z. 1857
purporting 10 be his LAST will and tesla
ment. By this Photographic instrument. the
farm now IN question IL given Jointly 70 his
two brothers, W. II. Lyon and William
Lyon, both Of whom Joined the rebellion.
aud went of from the State, the latter o.
whom is underatood % have ioined the re.
bel army, and 70 have died in the Lifetime
Of the said Thomas c. Lyon. In that case
petitioner is advised that the devise would
operate 70 cast the estate upon the said w
II. Lyon, who is now within the militar,
lines Of the rebellion, and is giving IL hi,
conference, aid, encouragement. and sym.
patty. Your petitioner is now, aud AWAY,
has been, truly loyal 20 the government o
the United States, in the full measure ape
extent OF that ex preston.
Convinced that the order must have bro
ceeded from a want Of information touchins
the petitioners rights in the premises, b,
seeks by this method 70 come before th,
court and TO be heard touching the same.
Wherefore he prays your Honor 20 b
permitted 10 intervene in this behalf ans
that writ Of Error may issue 10 remov,