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NARA 755

Shuqualak Miss
December 17th 1867

Maj Geo S Smith
Sir
Your order for Sandy Moore is at hand & Contents noted.
I am at a loss to know my duty, in such Cases what is, whether I have the authority to seize on and hold property, where the parties concerned have failed to make the necessary oath, according to the statutes, of the State, which would authorize me to issue the proper papers, for the purpose designated. 

Will you have the kindness, to furnish me with Gen Ord's order, which embraces the above case. I have seen a late order, which declares that when the Crop is levied upon, by Execution, or attachment, before a settlement, with the freedmen, who have labored to raise such Crop, that, in that case it shall be refered to an arbitration, so that the freedman shall not be subject, to loose his wages, whether it (said) attachment, be for rent, or otherwise,

I do not however recognize that I as a Magistrate have the right to seize and hold property, without due process of law.
Please be definite in reply to this. 

Please write me at once. 
I am anxious to know my duty. 

Very Respectfully
Thomas Haynes         

Transcription Notes:
---------- Reopened for Editing 2024-05-29 11:00:49 to add NARA and correct a mistake