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Rebellion Record: a Diary of American Events: Documents and Narratives, Volume 8. (ed. Frank Moore) 4 0 Browse Search
The Daily Dispatch: February 18, 1864., [Electronic resource] 2 0 Browse Search
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Browsing named entities in Rebellion Record: a Diary of American Events: Documents and Narratives, Volume 8. (ed. Frank Moore). You can also browse the collection for Philip Fitzgerald or search for Philip Fitzgerald in all documents.

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surrounded on all sides, except on the river-side, still fought on, and when compelled to yield ground to overwhelming odds, fell back with a force of about seventy-five men, still returning the enemy's fire, and refused to surrender until fighting was useless. Lieutenant-Colonel Tate and Major York, Captains McPherson and Ray, and Lieutenant Mebane, of the Sixth, with Captain Adams, of the staff, broke away, and escaped over the bridge in the darkness. Lieutenants Williams, Smith, and Fitzgerald, of the Fifty-fourth; Brown, of the Sixth, with a few others, plunged into the river and swam safely over; but, unfortunately, some others were drowned. Lieutenant-Colonel H. Jones, Jr., of the Fifty-seventh, and Captain White, of the Sixth, plunged in to swim, but the coldness of the water compelled them to put back. The casualties of our brigade are small in killed and wounded. Adjutant Mebane, of the Sixth, wounded in arm and side; William Johnston, Captain White's company, wounded
Doc. 86.-the rebel Judiciary. State rights and personal liberty in the South. First decision in Georgia under the Antisubstitute law. Judge O. A. Lochrane, of the Superior Court, Macon Circuit, delivered an original and highly important opinion under the act repealing the substitute law, in the case of Dennis Daley and Philip Fitzgerald vs. C. J. Harris, on Thursday morning, February eleventh, as is reported by the Macon Telegraph: He held it was not only the right but the duty of a nation to protect itself, and that any contract or right flowing out of the operation of law which came in conflict with the preservation of the State, was an unconstitutional act, not obligatory on the law-making power, and within the constitutional power of the government to repeal. That the act allowing substitutes was to be regarded as a contract discharging principals from being called into the service; it was then a contract that the principal should not fight in the defence of the cou