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239
6-67

239

Head Quarters Dist of Alabama
Montgomery. Ala, June 20th/67

Swayne Wager
Major General

Encloses copies of two affadavits (James B. Gibbs, and Allen Alexander) one of which alleges a denial of justice to the affiant by J. T. Cane, a Justice of the Peace in Mobile, and requests Major Tracy to ascertain and report whether the action was brought before the said justice in such a way as to bring the  matter within his jurisdiction

"Office Sub. Asst. Com. Bu of R F & A L Sub. Dist of Mobile 
Mobile. Ala, June 22nd 1867.

Respectfully referred to J T Cane Esq. Justice of the Peace Mobile County who will please make written report, as to the facts of his action in the within matter, and also statement of his reasons for his action.

Geo. H. Tracy
Capt. 16th Infty. Bvt. Maj U.S.A.
Sub Asst Commisioner
EBP 75

Office Sub Asst. Com Bu of R F & A. L.
Sub- Dist- of Mobile
Mobile Ala June 25th 1867

Respectfully returned with re- of J. T. Cane Esq.
The within affiants came to this office for advice. It was my impression that the matter was beyond the jurisdiction of a Justice of the Peace, and I thought that it plainly came within the jurisdiction of the U. S. Circuit Court under the Civil Rights Bill. I therefore advised suit to be brought in that Court; but since then I have seen or heard nothing of the parties until the within affidavits.
I have myself no knowledge as to the proper manner of bringing the desired suit before a State Court. If it should be done by an action of damages for trespass, a Justice of the Peace has jurisdiction up to fifty dollars; but it certainly appears to me that Squire Cane was quite right in suggesting that the case should be brought before "a tribunal of more enlarged jurisdiction"

Geo. H. Tracy
Capt. 16th Infty Bvt Maj U.S.A.
Sub- Asst- Commr. 
EBP 44

Recd June 26th '67