Daily union appeal. (Memphis, Tenn.) 1862-186?, 1862-08-16
AN IMPORTANT DocUnEsF.
HEADQUARTERS FIFTH DIvIsToN,
rnrnurr TrN An-rnsr 1870

am fully aware that the task IS more than
should deyolye on one man. I viii endeaEor
to get you help in the person of some commits
stoned officer, and, if possible, enc under bond,
as he must handle large amounts of money in
trust; but for the present we must execute the i
duties falling to our share as well as possible.
On TIE subject of vacant houses, Gen. Grants |
orders are; sTake possession Of all vacant I
stores and houses in the city, and have them /
rented at reasonable 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 disloyal owners.
/ understand that General Grant taxes the
rents and profits Of this class Of real property
under the rules and laws of war, and not under
the confscation 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 vacant
are held 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 volume to
answer, and Webster to elucidate. But as
we can only attempt plain, substantial justice.
l will answer the question as well as 1 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 improvements on the ground?
| ANswER-The United States takes the
rents due the owner of the land, does not dis
turb the owner of the improvements.
Second, When parties owning houses have
gone South, and the tenant has given his note
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 bond of indem-
debt for the particular rent.
Third, When the tenant has expended sew
eral 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 are collecting their rents to satisfy their
liens 2
ANswER.-The rent of q house can only be
mortgagsd to q person in possession. If q
loyal tenant be in possession, and claims the
rent from himself as due to himself on some
other debt, allow it but if not in actual pos
session of the property, rents are not good
liens for debt, but must be paid to the quar-
termaster.
Fifth, Of parties claiming foreignprotection?
ANswEH.-Many claim foreign protection
who are not entitled to it. If fairly foreign
subjects, residing for business in this country,
they are entitled to consideration and protec-
ton as long as they obey the laws of the coun-
try. If they occupy houses belonging to
absent rebels, they must pay rent to the quar-
termaster. 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 the agent to
collect rents for his benefit ?
, ANswEB.--ReRt must be psid to the quar-
termaster. No agent can collect and remit
money South without suhjecting himself to ar.
rest and trial for aiding and abetting the pub
. lie 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 gon,
South?
AEswEE.-You only look to collections O
rents. ANY person who transmits money
South is liable to arrest and trial for aiding
, and abetting the enemy, but ! do not think II
, our business to collect debts other than rents
Eleventh, When the parties who own the
property have left the city under General Ho
vey's order No. /, but are in the immediate
neighborhood on their plantatiors2 .--
! AEswER.-t makes no difference wher,
they are SO they are absent.
Twelfth, When movable propert y is found
in stores that are closed - ~
ASswER.-The goods are security for the
! rent If the owner of the goods prefer to re
remove the goods to paying rent he can do so
Thirteenth, When the owner lives in town
and refuses to take the oath of allegiance2
: ANswER.-If the house be occupied it doe.
. not fall under the order. If the house be va
; cant, it does. The owner can recover hi
! property by taking the oath. Ia
An persons in Memphis residing within on
: military lines are presumed to be loyal, goot
t citizens, and may at any moment be called t,
serve on Jnries Posse Comitatus or other civi
service required by the Constitution and law
of our county, should they be called on to d,
! such duty which would require them to sc
J knowledge their allegiance and subordinatiol
! to the Constitution of the United States, j
would then be too late to refuse So long q