Fifth. Of parties claiming foreign protection?

Answer. Many claim foreign protection who are not ent.i.tled to it.

If they are foreign subjects residing for business in this, country, they are ent.i.tled to consideration and protection so long as they obey the laws of the country. If they occupy houses belonging to absent rebels, they must pay rent to the quarter-master. If they own property, they must occupy it by themselves, tenants, or servants.

Eighth. When houses are occupied and the owner has gone south, leaving an agent to collect rent for his benefit?

Answer. Rent must be paid to the quartermaster. No agent can collect and remit money south without subjecting himself to arrest and trial for aiding and abetting the public enemy.

Ninth.. When houses are owned by loyal citizens, but are unoccupied?

Answer. Such should not be disturbed, but it would be well to advise them to have some servant at the house to occupy it.

Tenth. When parties who occupy the house are creditors of the owner, who has gone south? Answer. You only look to collection of rents. Any person who transmits money south is liable to arrest and trial for aiding and abetting the enemy; but I do not think it our business to collect debts other than rents.

Eleventh. When the parties who own the property have left the city under General Hovey's Order No. 1, but are in the immediate neighborhood, on their plantations?

Answer. It makes no difference where they are, so they are absent.

Twelfth. When movable property is found in stores that are closed?

Answer. The goods are security for the rent. If the owner of the goods prefers to remove the goods to paying rent, he can do so.

Thirteenth. When the owner lives in town, and refuses to take the oath of allegiance?

Answer. If the house be occupied, it does not fall under the order. If the house be vacant, it does. The owner can recover his property by taking the oath.

All persons in Memphis residing within our military lines are presumed to be loyal, good citizens, and may at any moment be called to serve on juries, posses comitatua, or other civil service required by the Const.i.tution and laws of our country. Should they be called upon to do such duty, which would require them to acknowledge their allegiance and subordination to the Const.i.tution of the United States, it would then be too late to refuse. So long as they remain quiet and conform to these laws, they are ent.i.tled to protection in their property and lives.

We have nothing to do with confiscation. We only deal with possession, and therefore the necessity of a strict accountability, because the United States a.s.sumes the place of trustee, and must account to the rightful owner for his property, rents, and profits.

In due season courts will be established to execute the laws, the confiscation act included, when we will be relieved of this duty and trust. Until that time, every opportunity should be given to the wavering and disloyal to return to their allegiance to the Const.i.tution of their birth or adoption. I am, etc.,

W. T. SHERMAN.

Major-General commanding.

HEADQUARTERS FIFTH DIVISION MEMPHIS, TENNESSEE, August 26,1862

Major-General GRANT, Corinth, Mississippi.

Sir: In pursuance of your request that I should keep you advised of matters of interest here, in addition to the purely official matters, I now write.

I dispatched promptly the thirteen companies of cavalry, nine of Fourth Illinois, and four of Eleventh Illinois, to their respective destinations, punctually on the 23d instant, although the order was only received on the 22d. I received at the same time, from Colonel d.i.c.key, the notice that the bridge over Hatchie was burned, and therefore I prescribed their order of march via Bolivar. They started at 12 m. of the 23d, and I have no news of them since.

None of the cavalry ordered to me is yet heard from.

The guerrillas have destroyed several bridges over Wolf Creek; one at Raleigh, on the road by which I had prescribed trade and travel to and from the city. I have a strong guard at the lower bridge over Wolf River, by which we can reach the country to the north of that stream; but, as the Confederates have burned their own bridges, I will hold them to my order, and allow no trade over any other road than the one prescribed, using the lower or Randolph road for our own convenience. I am still satisfied there is no large force of rebels anywhere in the neighborhood. All the navy gunboats are below except the St. Louis, which lies off the city.

When Commodore Davis pa.s.ses down from Cairo, I will try to see him, and get him to exchange the St. Louis for a fleeter boat not iron-clad; one that can move up and down the river, to break up ferry-boats and canoes, and to prevent all pa.s.sing across the river. Of course, in spite of all our efforts, smuggling is carried on. We occasionally make hauls of clothing, gold-lace, b.u.t.tons, etc., but I am satisfied that salt and arms are got to the interior somehow. I have addressed the Board of Trade a letter on this point, which will enable us to control it better.

You may have been troubled at hearing reports of drunkenness here.

There was some after pay-day, but generally all is as quiet and orderly as possible. I traverse the city every day and night, and a.s.sert that Memphis is and has been as orderly a city as St. Louis, Cincinnati, or New York.

Before the city authorities undertook to license saloons, there was as much whiskey here as now, and it would take all my command as customhouse inspectors, to break open all the parcels and packages containing liquor. I can destroy all groggeries and shops where soldiers get liquor just as we would in St. Louis.

The newspapers are accusing me of cruelty to the sick; as base a charge as was ever made. I would not let the Sanitary Committee carry off a boat-load of sick, because I have no right to. We have good hospitals here, and plenty of them. Our regimental hospitals are in the camps of the men, and the sick do much better there than in the general hospitals; so say my division surgeon and the regimental surgeons. The civilian doctors would, if permitted, take away our entire command. General Curtis sends his sick up here, but usually no nurses; and it is not right that nurses should be taken from my command for his sick. I think that, when we are endeavoring to raise soldiers and to instruct them, it is bad policy to keep them at hospitals as attendants and nurses.

I send you Dr. Derby's acknowledgment that he gave the leave of absence of which he was charged. I have placed him in arrest, in obedience to General Halleck's orders, but he remains in charge of the Overton Hospital, which is not full of patients.

The State Hospital also is not full, and I cannot imagine what Dr.

Derby wants with the Female Academy on Vance Street. I will see him again, and now that he is the chief at Overton Hospital, I think he will not want the academy. Still, if he does, under your orders I will cause it to be vacated by the children and Sisters of Mercy. They have just advertised for more scholars, and will be sadly disappointed. If, however, this building or any other be needed for a hospital, it must be taken; but really, in my heart, I do not see what possible chance there is, under present circ.u.mstances, of filling with patients the two large hospitals now in use, besides the one asked for. I may, however, be mistaken in the particular building asked for by Dr. Derby, and will go myself to see.

The fort is progressing well, Captain Jenney having arrived.

Sixteen heavy guns are received, with a large amount of shot and sh.e.l.l, but the platforms are not yet ready; still, if occasion should arise for dispatch, I can put a larger force to work.

Captain Prime, when here, advised that the work should proceed regularly under the proper engineer officers and laborers.

I am, etc.,

W. T. SHERMAN, Major-General commanding.

HEADQUARTERS FIFTH DIVISION MEMPHIS, TENNESSEE, September 4, 1862

Colonel J. C, KELTON, a.s.sistant Adjutant-General, Headquarters of the army, Washington, D. C.

DEAR COLONEL: Please acknowledge to the major-general commanding the receipt by me of his letter, and convey to him my a.s.surances that I have promptly modified my first instructions about cotton, so as to conform to his orders. Trade in cotton is now free, but in all else I endeavor so to control it that the enemy shall receive no contraband goods, or any aid or comfort; still I feel sure that the officers of steamboats are sadly tempted by high prices to land salt and other prohibited articles at waypoints along the river. This, too, in time will be checked. All seems well here and hereabout; no large body of the enemy within striking distance. A force of about two thousand, cavalry pa.s.sed through Grand Junction north last Friday, and fell on a detachment of the Bolivar army at Middleburg, the result of which is doubtless reported to you. As soon as I heard of the movement, I dispatched a force to the southeast by way of diversion, and am satisfied that the enemy's infantry and artillery fell back in consequence behind the Tallahatchie. The weather is very hot, country very dry, and dust as bad as possible. I hold my two divisions ready, with their original complement of transportation, for field service. Of course all things most now depend on events in front of Washington and in Kentucky. The gunboat Eastport and four transports loaded with prisoners of war destined for Vicksburg have been lying before Memphis for two days, but are now steaming up to resume their voyage. Our fort progresses well, but our guns are not yet mounted. The engineers are now shaping the banquette to receive platforms. I expect Captain Prime from Corinth in two or three days.

I am, with great respect, yours,

W. T. SHERMAN, Major-General commanding.

HEADQUARTERS FIFTH DIVISION MEMPHIS, TENNESSEE, September 21, 1862

Editor Bulletin.

SIR: Your comments on the recent orders of Generals Halleck and McClellan afford the occasion appropriate for me to make public the fact that there is a law of Congress, as old as our Government itself, but reenacted on the 10th of April, 1806, and in force ever since. That law reads:

"All officers and soldiers are to behave themselves orderly in quarters and on the march; and whoever shall commit any waste or spoil, either in walks of trees, parks, warrens, fish-ponds, houses and gardens, cornfields, inclosures or meadows, or shall maliciously destroy any property whatever belonging to the inhabitants of the United States, unless by order of the commander-in-chief of the armies of said United States, shall (besides such penalties as they are liable to by law) be punished according to the nature and degree of the offense, by the judgment of a general or regimental court-martial."

Such is the law of Congress; and the orders of the commander- in-chief are, that officers or soldiers convicted of straggling and pillaging shall be punished with death. These orders have not come to me officially, but I have seen them in newspapers, and am satisfied that they express the determination of the commander- in-chief. Straggling and pillaging have ever been great military crimes; and every officer and soldier in my command knows what stress I have laid upon them, and that, so far as in my power lies, I will punish them to the full extent of the law and orders.

The law is one thing, the execution of the law another. G.o.d himself has commanded: "Thou shalt not kill," "thou shalt not steal," "thou shalt not covet thy neighbor's goods," etc. Will any one say these things are not done now as well as before these laws were announced at Sinai. I admit the law to be that "no officer or soldier of the United States shall commit waste or destruction of cornfields, orchards, potato-patches, or any kind of pillage on the property of friend or foe near Memphis," and that I stand prepared to execute the law as far as possible.

No officer or soldier should enter the house or premises of any peaceable citizen, no matter what his politics, unless on business; and no such officer or soldier can force an entrance unless he have a written order from a commanding officer or provost-marshal, which written authority must be exhibited if demanded. When property such as forage, building or other materials are needed by the United States, a receipt will be given by the officer taking them, which receipt should be presented to the quartermaster, who will subst.i.tute therefor a regular voucher, to be paid-according to the circ.u.mstances of the case. If the officer refuse to give such receipt, the citizen may fairly infer that the property is wrongfully taken, and he should, for his own protection, ascertain the name, rank, and regiment of the officer, and report him in writing. If any soldier commits waste or destruction, the person whose property is thus wasted must find out the name, company, and regiment of the actual transgressor. In order to punish there must be a trial, and there must be testimony. It is not sufficient that a general accusation be made, that soldiers are doing this or that.

I cannot punish my whole command, or a whole battalion, because one or two bad soldiers do wrong. The punishment must reach the perpetrators, and no one can identify them as well as the party who is interested. The State of Tennessee does not hold itself responsible for acts of larceny committed by her citizens, nor does the United Staten or any other nation. These are individual acts of wrong, and punishment can only be inflicted on the wrong-doer.

I know the difficulty of identifying particular soldiers, but difficulties do not alter the importance of principles of justice.

They should stimulate the parties to increase their efforts to find out the actual perpetrators of the crime.