HEADQUARTERS FIFTH
DIVISION,
Memphis, August 7,
1862.
Captain FITCH,
Assistant Quartermaster,
Memphis, Tenn.:
SIR: The duties devolving on the quartermaster of this post,
in addition to his legitimate functions, are very important and onerous, and I
am fully aware that the task is more than should devolve on one man. I will
endeavor to get you help in the person of some commissioned officer, and, if
possible, one under bond, as he must handle large amounts of money in trust; but
for the present we must execute the duties falling to our share as well as
possible. On the subject of vacant houses General Grant's orders are:
Take possession of all vacant stores
and houses in the city, and have them rented at reasonable rates; rent to be
paid monthly in advance. These buildings, with their tenants, can be turned
over to proprietors on proof of loyalty; also take charge of such as have been
leased out by disloyal owners.
I understand that General Grant takes the rents and profits
of this class of real property under the rules and laws of war and not under
the confiscation act of Congress; therefore the question of title is not
involved—simply the possession, and the rents and profits of houses belonging
to our enemies which are not vacant we hold in trust for them or the
Government, according to the future decisions of the proper tribunals.
Mr. McDonald, your chief agent in renting and managing this
business, called on me last evening and left with me written questions, which
it would take a volume to answer and a Webster to elucidate; but as we can only
attempt plain, substantial justice I will answer these questions as well as I
can, briefly and to the point:
First. When ground is owned by parties who have gone South
and have leased the ground to parties now in the city, who own the improvements
on the ground?
Answer. The United States takes the rents due the owner of
the land; does not disturb the owner of the improvements.
Second. When parties owning houses have gone South, and the
tenant has given his notes for the rent in advance:
Answer. Notes are mere evidence of the debt due landlord.
The tenant pays the rent to the quartermaster, who gives a bond of indemnity
against the notes representing the debt for the particular rent.
Third. When the tenant has expended several months' rent in
repairs on the house?
Answer. Of course allow all such credits on reasonable proof
and showing.
Fourth. When the owner has gone South and parties here hold
liens on the property and are collecting the rents to satisfy their liens?
Answer. The rent of a house can only be mortgaged to a
person in possession. If a loyal tenant be in possession and claim the rent
from himself as due to himself on some other debt allow it; but if not in
actual possession of the property rents are not good liens for a debt, but must
be paid to the quartermaster.
Fifth. Of parties claiming foreign protection?
Answer. Many claim foreign protection who are not entitled
to it. If they are foreign subjects residing for business in this country they
are entitled 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 quartermaster. 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 Orders, 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 comitatus, or other civil service required by
the Constitution 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 Constitution 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
entitled 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 assumes 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
Constitution of their birth or adoptions.
I am, &c.,
W. T. SHERMAN,
Major-General, Commanding.
SOURCE: The War of the Rebellion: A Compilation of
the Official Records of the Union and Confederate Armies, Series I, Volume
17, Part 2 (Serial No. 25), p. 156-7
