The Memphis union appeal. [volume] (Memphis, Tenn.) 1862-1862, 1862-08-10
AN IMPORTANT DoCUKEsT.
HEADQUARTERS FIFTH DIv1s1os

1lhSter OF Luls poeSI IL d1ulsloH 10 nis leLlnALe
functions, are very important and onerous, and |
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 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
duties falling to our share as well as possible.
On the subject of vacant houses, Gen. Grants
orders are: "Take possession Of all vacant
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 disloyzl owners.
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 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 be 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 q volume to
answer, and Webster to elucidate. But as
we can only attempt plain, substantial justice.
will answer the question 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 improvements on the ground?
AEswER.-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-
nifty against the very notes representing the
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.
Fourths When the owner has gone South,
and parties here hold liens on the property,
and are collecting their rents to satisfy their
liens2
ANswER.-The rent of house can only be
mortgagsd to a person in possession. If a
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 foreign protection?
ANswEE.-Msny 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 II
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 tc
collect rents for his benefit
ANswER.-Rent must be paid to the quar-
termaster. No agent can collect and remit
money South without subjecting himself to ar.
rest and trial fol aiding and abetting the pub
lie enemy.
Ninth, When houses are owned by loyal
citizens but are unoccupied2
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 collections Of
rents. Any person who transmits money
South is liable to arrest and trial for aiding
and abetting the enemy, but 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 Ho-
vey's order No. /, but are in the immediate
neighborhood on their plantations
ANswER.-It makes no difference where
they are SO they are absent.
Twelfth, When movable propert y is found
in stores that are closed
ANswER.-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 towr
and refuses to take the oath OF allegiance2
ANswER-If the house be occupied it does
not fall under the order. If the house be va
cant, it does. The owner can recover hi
property by taking the oath.
An persons in Memphis residing within oul
military lines are presumed to be loyal, good
citizens, and may at any moment be called t.
serve on Juries Posse C0nitatzs or other civil
service required by the Constitution and law
of our county; should they be called on to d.
such duty which would require them to &C
knowledge their allegiance and subordinatior
70 the Constitution Of tho IInsaaa c..4aa !;