The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1897-02-03
Judge Mackey's Claim:
He Asks for s3,5Oo as His
Legal Services in the Cita-
del Matter.

loving claim to the Legislature lor pay
meus Of fees alleged to be due him un-
der contract With the State for services
rendered in recovering the Citadel Aca.
DENY buildings from the United States
government and prosecuting the claim
of the State for the rental of the
same:
TO the Honorable the Senate and House
of Representatives of the General
Assembly of the State of South
Carolina
Your petitioner, citizen of South
Carolina, would respectfully show unto
your honorable bodies tbas Cd the 18Th
day of February. 1865, the South
Carolina Military Academy building
vas taken possession of by the military
forces of the United States AID occu-
pied by them thereafter as barracks
and for the storage Of ordinance stores,
&C..
That the General Assembly, by a
concurrent resolution adopted Decem-.
ber 22d. 1879, empowered the Board of
Visitors of the said Academy 20 re-
cover from the United States govern
mept possession of the said building,
e.wisb or without rent. and to employ
counsel to prosecute the claim for rent
therefor aud damages for its injury BY
Ere while in the possession Of the gov
ernmept of the Uuited States, the SER
vices of such counsel to be paid for out
Of any mooey recovered. {"
That ou August 18th, 1880, the said
Board entered into contract with
Caleb Bouknigbt, Esq wherein it was
stipulated that be should ''present aud
urge the claim of the Board of Visitors
Of the said Academy against the United
! States government for the use and occu.
patton Of the Academy buildings from
August, 1865, to the present time.
! also for compensation for damages to
said buildings by FIRE during the occu-
patton by the United States troops. Z"
Z Il was further stipulated in said con-
tract that the said Boukuight should
be paid 33 per cent of the amount rel
covered if less than one hundred thou
sand dollars, provided that he "agrees
TO pay all expenses incurred in the pre-
sentatiop of these claims :"
That on the 18th Gay of November.
1881, the said Caleb Bouknight. With
the sanction Of the said Board Of Visi-
tore, entered into written agreement
With your petitioner, in which be re-
nounced absolutely all powers chat he
! held under said contract, and vested
the same in your petitioner in the fol-
loving terms:
.sNow, therefore, for and 10 consider
alton of the premises hereinafter re-
cited-aud for the more speedy prosecu-
sion Of the said claim, the said Caleb
Bouknigbt does hereby make over aud
assign to the said Thomas j Mackey
all the rights, powers aud interest
which be. the said Bouknieht. has
under tue said contract" That the
said Board of Visitors ratified the said
agreement, thereby making it their
own, and vestipg in your petitioner the
sole authority to represent the State of
South Carolina 10 the due prosecution
-~of the said claims. In accordance with
the terms of the said concurrent resoiu-
tion.
Tha. there was no stipulation iu the
said contract for the recovery of the
Academy buildings, the Board Of Visi-
tors theo being engaged 10 an effort to
have them restored to the State
through our Senator's in Congress, who,
however, failed to effect their recovery.
the government Of the Uoited States
setting up title to them as military
work captured while flying the Confed-
crate Gag.
That unIess such assertion of title
was successfully contested the State
could neither recover rent nor the
buildings. and your petitioner was
therefore authorized by the said Board
of Visitors to make such contest.
That your petitioner tbereupon filed
demand 10 the War Department 10
behalf of tbs State for the possession
of said buildings. aud after due COO
sideration o: your petitioners argument
submitted in support of such demand,
che Secretary of War referred the Issue
to the Bureau of Military Justice aud
agreed TO abide its decision.
That your petitioner prosecuted the
said claim before such Bureau. and on
the Goth day of January. 1882. it ren-
dered Judgment 10 favor of the State,
and the Secretary of War soon there
after issued an order to have the said
buildings vacated, that the proper au-
thorities of the State might resume
possession of the same
That eaid order was executed on the
az 1c E.h,r,.1 1900 op9 on rho