Memoirs of General William T. Sherman Part 21

I regard your article headed "City Council--General Sherman and Colonel Slack," as highly indiscreet. Of course, no person who can jeopardize the safety of Memphis can remain here, much less exercise public authority; but I must take time, and be satisfied that injustice be not done.

If the parties named be the men you describe, the fact should not be published, to put them on their guard and thus to encourage their escape. The evidence should be carefully collected, authenticated, and then placed in my hands. But your statement of facts is entirely qualified; in my mind, and loses its force by your negligence of the very simple facts within your reach as to myself: I had been in the army six years in 1846; am not related by blood to any member of Lucas, Turner & Co.; was a.s.sociated with them in business six years (instead of two); am not colonel of the Fifteenth Infantry, but of the Thirteenth. Your correction, this morning, of the acknowledged error as to General Denver and others, is still erroneous. General Morgan L. Smith did not belong to my command at the battle of s.h.i.+loh at all, but he was transferred to my division just before reaching Corinth. I mention these facts in kindness, to show you how wrong it is to speak of persons.

I will attend to the judge, mayor, Boards of Aldermen, and policemen, all in good time.

Use your influence to reestablish system, order, government. You may rest easy that no military commander is going to neglect internal safety, or to guard against external danger; but to do right requires time, and more patience than I usually possess. If I find the press of Memphis actuated by high principle and a sole devotion to their country, I will be their best friend; but, if I find them personal, abusive, dealing in innuendoes and hints at a blind venture, and looking to their own selfish aggrandizement and fame, then they had better look out; for I regard such persons as greater enemies to their country and to mankind than the men who, from a mistaken sense of State pride, have taken up muskets, and fight us about as hard as we care about. In haste, but in kindness, yours, etc.,

W. T. SHERMAN, Major-General.

HEADQUARTERS FIFTH DIVISION, MEMPHIS, TENNESSEE, July 27, 1882.

JOHN PARK, Mayor of Memphis, present.

Sir: Yours of July 24th is before me, and has received, as all similar papers ever will, my careful and most respectful consideration. I have the most unbounded respect for the civil law, courts, and authorities, and shall do all in my power to restore them to their proper use, viz., the protection of life, liberty, and property.

Unfortunately, at this time, civil war prevails in the land, and necessarily the military, for the time being, must be superior to the civil authority, but it does not therefore destroy it. Civil courts and executive officers should still exist and perform duties, without which civil or munic.i.p.al bodies would soon pa.s.s into disrespect--an end to be avoided. I am glad to find in Memphis a mayor and munic.i.p.al authorities not only in existence, but in the co-exercise of important functions, and I shall endeavor to restore one or more civil tribunals for the arbitration of contracts and punishment of crimes, which the military have neither time nor inclination to interfere with. Among these, first in importance is the maintenance of order, peace, and quiet, within the jurisdiction of Memphis. To insure this, I will keep a strong provost guard in the city, but will limit their duty to guarding public property held or claimed by the United States, and for the arrest and confinement of State prisoners and soldiers who are disorderly or improperly away from their regiments. This guard ought not to arrest citizens for disorder or minor crimes. This should be done by the city police. I understand that the city police is too weak in numbers to accomplish this perfectly, and I therefore recommend that the City Council at once take steps to increase this force to a number which, in their judgment, day and night can enforce your ordinances as to peace, quiet, and order; so that any change in our military dispositions will not have a tendency to leave your people unguarded. I am willing to instruct the provost guard to a.s.sist the police force when any combination is made too strong for them to overcome; but the city police should be strong enough for any probable contingency. The cost of maintaining this police force must necessarily fall upon all citizens equitably. I am not willing, nor do I think it good policy, for the city authorities to collect the taxes belonging to the State and County, as you recommend; for these would have to be refunded. Better meet the expenses at once by a new tax on all interested. Therefore, if you, on consultation with the proper munic.i.p.al body, will frame a good bill for the increase of your police force, and for raising the necessary means for their support and maintenance, I will approve it and aid you in the collection of the tax. Of course, I cannot suggest how this tax should be laid, but I think that it should be made uniform on all interests, real estate, and personal property, including money, and merchandise.

All who are protected should share the expenses in proportion to the interests involved. I am, with respect, your obedient servant,

W. T. SHERMAN, Major-General commanding.

HEADQUARTERS FIFTH DIVISION, MEMPHIS, August 7, 1862.

Captain FITCH, a.s.sistant Quartermaster, Memphis, Tennessee.

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 most 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 cla.s.s of real property under the rules and laws of war, and not under the confiscation act of Congress; therefore the question of t.i.tle 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 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.