Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1862-08-12
Property Rights la Tlenphis---An Import
ans Document.
HEADQUARTERS Firth DrvrsToN,
MEMPHIS TENE., Aug. q IsG2.

HEADQUARTERS FIFTH DIVISION, :
MEMPHIS, TENN, Aug. T. 1862.
Captain II S. FITCH, A. o b:
SIR The duties devolviug on the Quarter.
master of this post, in addition 10 his legitimate
functions, are very important and onerous. and
/ am fully aware that the task is more than
shOuld devolve on one man. ] will endeayOr Il
get you help in the person of some Commission
ed officer, and, if possible, one under bond, as
he must handle large amounts of money in
trust; but Tor the present we must execute TIE
duties falling 70 our share as we'll as possible.
On the subject Of vacant houses, Gen. Grants
orders are: take posse sion of all vacant boussg
in the city, ard have them rented at reason
able rates, and to be paid monthly in advance -
Those 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
dsloyal owners.
l understand that Gen. Grant takes the rents
and profits of this class of real property under
the rules and laws Of war, and not under the
coDhscstiOn act Of Congress. Therefore. tine
question OF title is not involved; simply the pos
session and the rents and profits of houses be-.
longing 10 our enemies which are vacant are
held 10 trust for them or the government. accord
ing to the future decisions Of the proper tribu-
nals. Mr.. Mcdonald, your chief agent in rent
ing and managing this business, called on me
-@8N ~AAG6 ? 49, III W. LIS hAAblCA QAEbklOuA
which it would take a volume to answer, and a
Webster to elucidate. But as we can only at
tempt plain, substantial justice. 1 will answer
the questions as well as can briefly to the
point.
FIrst-When ground is owned by parties who
have gone South, and have leased the grounds
to parties now in the city, who own the i'm
provements on the ground1
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
g ne South, aud the tenant has given his note
for rent ia advance
Answer-Notss are mere evidence of the debt
due landlord, the tenant pays the rent to the
quartermaster, who gives a bond Of indemnity
against the very notes representing the debt for
the particular rent.
Third-When the tenant has expended several
months rent IN repairs on the house2
Answer-Of course, allow all such credits on
reasonable proof and showing.
Fourth-When the owner has gone South
and parties hsre hold liens on the property
aud are collecting their rents to satisfy their
liens?
Answer-The rent Of e house can only be
morigaged to a person in possession. If loyal
tenant be IN possession, and claims the rent
from himself as due to himself on some other
debt, allow it bat if EOt in actual possession
Of the property, rents are not good liens for q
debt, but must be paid to tie quaTtsrmaster.
Ftth-Of parties claiming foreign protection?
Ans~er-Nany clsim foreign protection
who are not entitled to it. If fairy foreign sub
jects, residiBg for pushes in this country, they
are entitled to consideration and protection "a
long as they obey the laws of the country. If
they occupy houses belonging to absent rebels,
they must pay rent to the qusrtermaster. If
they own property they must occupy 1t By them
selves, tenants, CT servants.
Eighth-When houses are OccGpi &, and the
owner has gone South, leaving the agent TO col
lect rents for his benefit?
Answer-R@nt must be paid 70 the quarter
master. 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 citi-
zens but are unoccupied
Answer-Such should not be disturbed, bu.
1t 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 ?
Answ,r-You Only look to collections Of
rents. Any person who transmit money South
is liable to arrest and t:ial for aiding aud ahet-
ting the enemy, but l DO not think It cur bus
ness to collect debts other than rents.
Eleventh-When the parties who own the
property have left the city under Gen. HoYey's
oder No. l. but are 10 the immediate neighbor-
hood on their plantations
Answer-It makes no difference where they
are so they are absent.
Twelth-When movable property is found
in stores that are closed2
Auswer-Ths goods are security fer the rent.
If the owner of the goods prefer to remove the
goods to paying rent he can do so.
ThiTteenth-Wheu the owner lives in town
md refuses to take the cath OF allegiance
Answer-If the house be occupied it does not
all undsr the order. Ii the house be vacant, If
Ices. The owner can recover his property by
the oath.
All persons in Memphis residing within our
military lines are presumed to be loyal, good
and may at any moment! b. called to
erVe on juies posse c~0nitqiuS or other civil
required by the Constitution and laws of
'ur county should they be called on 70 DO such
iuty which would require them to acknowledge
heir allegiance and subordinaLiOn to the Consti-
ution Of the United States, it would then be too
ate to refuse. So long as they remain quiet and
ontorm to the laws, so long are they entitled to
protection in their property and lives.
We have nothing to do with coItscatiOn. We
My deal with possession, and therefore the ne
essity for a strict accountability, because the
United States assumes the place Of ~trusteee, and
will account to the rightful owner for property,
ents, and profits. In due season courts will be
to execute the law, the contiscation
ct included, when we will be relieved of this
uty and trust. Until that time, every opportu-
ity should be given to the w~averiug and disloy-
!, to return to their allegiance to the Constitu-
OF of their birth or adoption.
l am etc, w. T. SHERMAN,
Msior-G General Commanding.