William T. Sherman to Cuap, Xxix.] Correspondence, Etc.union. 173, August 14, 1862

August 14, 1862.

August 14, 1862. Major-General GRANT, Corinth : The following dispatch has been received by General Granger from—

Colonel Sheridan has returned. Captured 4 secesh, also 300 head of mules, horses, and cattle on Twenty Mile Creek, in vicinity of Carrollsville. Twenty Mile Creek is dry. Our horses had no water from the time they left the camp till they returned. Had great trouble to get water for the men, and was obliged to come home during

the heat of the day. W. S. ROSECRANS Brigadier. General, U. 8. Army.

Hpgrs. FirtH DIVISION, ARMY OF THE TENNESSEE, Memphis, August 14, 1862. Maj. JOHN A. RAWLINS, Assistant Adjutant-General, Corinth:

Srr: It has been physically impossible for me personally to give attention to the thousand of things which had to be done here since my arrival, and at the same time keep you fully advised of their progress. All is well now and matters are progressing favorably, and for the sake of history, and that the major-general may have a clear insight of our situation, I send a variety of papers, some of which need a word of explanation.

1st. Orders, No. 61, abolishes passes on land travel (on the river same as heretofore), and regulates it, confined to five roads and on each road a small guard to inspect each traveler, the wagons, buggies or carriages. Such guards can better prevent illegal traffic or catch spies than any provost-marshal, who must of necessity delegate his power to make out and sign passes to a clerk.*

2d. Orders, No. 62, defines the posts of my brigades and defines the duty of their guard. In that order I threaten incompetent officers with a board of examination, which on inspection I find I cannot appoint. (Section 10, act of Congress, page 521, Army Regulations.) I ask the detail of such a board of five officers, composed of, say, General Hurlbut, General Lauman, General M. L. Smith, Col. D. Stuart, and Col. [Ralph P.] Buckland. If you have granted leaves of absence to any of these, I name Col. [Joseph R.] Cockerill, Lieut. Col. [Charles C.] Waleutt, Major Fearing, and Major Fisher as alternates.*

3d. Orders, No. 67, about negroes. I found about 600 negroes employed here, and daily others come into our works. I have knowledge that a law had passed Congress for using the labor of such negroes, approved by the President and sanctioned by General Halleck. No

instructions had come or could come to guide me, ani I was forced to lay down certain rules for my own guidance.*

Masters and mistresses so thronged my tent as to absorb my whole time, and necessity compelled me to adopt some clearly-defined rules, and I did so. I think them legal and just. Under this order I must assume to clothe and feed those negroes, but you will observe I make no provisions for any save laboring men. The women and families take refuge here, but I cannot provide for them, but I allow no force or overpersuasion in any case.

4th. Orders, No. 70. I had ordered at the muster of June 30 that all absentees without authority of General Halleck or myself should be reported on the muster-rolls as deserters. 1 see in the newspapers that the War Department had adopted the same views, only fixing the date August 18, and to put my troops on a footing with all others I have made this order. The official notice has not come to me, but I see it so universally quoted that I cannot doubt that such an order is in existence, and I infer that some accident has prevented its receipt in time to prepare the muster-rolls.*

5th. Instructions to Captain Fitch.t On the receipt of General Grants telegraphic order about vacant houses and the leases of absent rebels 1 gave it to Captain Fitch, post quartermaster, with a few instructions. But as he progressed so many points of law and policy arose that he was embarrassed and called on me for further instructions. I made them in the form of a letter, which I authorized him to publish that all the parties might judge for themselves. This has quieted the great mass, but still cases are daily referred to me of the most delicate nature, one of which I inclose with this—the letter of Mrs. Lizzie A. Merwether, j whose husband is in the rebel service, and who remained under your orders permitting such ladies to remain on taking or making a parole. I venture to express the opinion that in war the parole of a woman or citizen is not good. From them an oath should be exacted, for the parole is a word of honor which, according to the old Federal code, a soldier alone could make; but apart from this it seems by her own statement her husband deeded this property to her, then rebelled against his Government, and by the fortunes of war now finds himself under one government and his wife under another. In either event the property is safe, let which party prevail. Mrs. Merwether is a lady and has small children dependent on her in the absence of her husband; but Captain Fitch, under my orders, or rather these printed instructions, construed the property to be substantially that of the absent husband and orders the tenants of the property to pay the rents to him.

I think in law and common sense the transfer of property to a wife at such a time and under such circumstances is simply an evasion, and therefore void, but am willing to stretch the rules as wide as possible to favor distressed women and children, although I fear a single departure from the rules of severe justice may lead us into many inconsistencies and absurd conclusions.

6th. I finally inclose a copy of a letter from General Pillow, addressed to S. P. Walker, esq., of this city, and designed for General Grant and myself. It did not come under a flag of truce, but by one of the secret mails which I have not yet succeeded in breaking up. I also inclose a copy of my answer, which I will hand to Mr. Walker and allow him to send as he best may. Ido not consider my answer as strictly official, as the matters inquired about are as to the situation of his private property. I have published General Grant’s order, based on the one from

* Seo pp. 158, 165. tSee p. 156. } Not found.

Headquarters of the Army, annulling all restrictions on the purchases of cotton and payment of gold therefor. I cannot see how General Halleck can allow gold, which is universally contraband, thus to pass into possession of an enemy, but I hope his reasons, as usual, are baSed on a far-seeing policy. I shall of course obey the order and facilitate the trade in cotton and its shipment, but it seems against the grain. With the exception of small guerrilla bands I hear of no enemy nearer than Holly Springs and Senatobia. Yours, W. T. SHERMAN, Major-General, Commanding.

OXFORD, MIss., August 2, 1862. SAMUEL P. WALKER, Esq.:

DEAR Sie: The Federal army at Helena have taken off by bodies of armed men all my negroes—men, women, and children—some 400 in number. They have taken off and destroyed everything else I had. They killed one of my overseers and had the other three in jail. I have been informed that many of the women and children are wandering about Memphis suffering for food. I also understand that there are 85 young men and women in a cotton-warehouse or negro-mart in Memphis who are also neglected and are suffering for food. It is difficult for me to realize that such conduct is done by the sanction of the Federal officers of rank; but yet the wholesale robbery which has been carried on below would seem to admit of no other conclusion. My object in this communication is to request of you the favor of ascertaining if the reports I have heard are true, viz, if any of my negroes—men, women, or children—are in Memphis, and to inform me of their condition, and if any of them will be restored to me or to my agent. Please see if any gang of the negroes are confined in the warehouse or negromart. I cannot imagine what the Federals want with the women and children.

If you can have access to Generals Grant or Sherman please ascertain if these proceedings have been ordered by them or meet with their approval. The law of confiscation does not take effect for some time to come, and my negroes were in no legal sense liable to seizure. If the Federals intend to seize all the negroes and other property within their power we can only say that the time may come for proper reprisals. My brother James’ negroes and L. Long’s and Thomas Brown’s have all been carried off. Please see if any of these negroes are in Memphis and what is their condition.

I have uniformly in Missouri and Kentucky protected the property of Union men as well as their persons from violence. General Crittenden has a plantation and negroes 25 miles below Columbus, on the river, which I declined allowing to be interrupted when in command at Columbus, though applied to for the purpose.

If you cannot have a personal interview either with Generals Grant or Sherm‘n you will please transmit my letter to them. Your attention to this matter will be gratefully remembered. Please send me through same channel an answer.

Your friend, GID. J. PILLOW.

If any of my negroes are in EBelena will you ascertain if Generals Grant or Sherman will have them restored to me, and all such informa tion as you can get?

HEADQUARTERS, Memphis, August 14, 1862. General GipEON J. PILLOW, Ouaford, Miss. :

Sir: I have received your letter of August 2, 1862, at the hands of Samuel P. Walker, esq. It is not proper in war thus to communicate or to pass letters, but I am willing to admit the extreme difficulty of applying the harsh rules of war when but a few days ago all was peace, plenty, and free intercourse, and on this ground, not officially, I am willing that you should know the truth of the matter concerning which you inquire. It so happens that General Curtis was here yesterday, and I inquired of him the truth concerning the allegations in the first part of your letter touching the seizure and confiscation, the killing of one overseer, the imprisonment of three others, and generally the devastation of your entire estate in that quarter. General Curtis answered no slave was taken by armed men from your or any other plantation unless he had proof that such slaves had been used in war against him; no overseer had been killed or none imprisoned, and the damage to plantation was only such as will attend the armies, such as marked the progress of your and A. Sidney Johnston’s columns a year ago in Kentucky.

T understand General Curtis has given letters of manumission to negro applicants whu satisfied him they had been used as property to carry on war. I grant no such papers, a8 my opinion is it is the provision of a court to pass on the title to all kinds of property. I simply claim that I have a right to the present labor of slaves who are fugitives, and such labor is regulated and controlled that it may ultimately be paid for to the master or slave, according to the case. I have no control over General Curtis, who is my superior, but I take it for granted some just and uniform rule will soon be established by our common superior to all cases alike.

I certainly never have known, nor do I believe it possible, that your slaves or those of any other person have wandered about the streets of Memphis in want and destitution. We have abundance of provisions, and no person shall suffer from want here. When we can provide labor it will be done, and thereby they (laborers or slaves) earn their provisions, clothing, and necessaries; but wages are always held in reserve to answer the order of the rightful party. The worst you have to apprehend in case you claim the sixty days under the confiscation law is that your slaves may become scattered. None are allowed to pass up the river save with written passes, and I understand your negroes are either at your plantation or near Helena. I know of none of them here.

General Curtis expressed great surprise at your solicitude for these negroes and at your application that General Grant and myself would have them restored to you or your agent. He says you had sold them all or had transferred them by some instrument of writing for a record to a gentleman near the plantation, who is a loyal citizen of the United States.

I will refer your letter to General Grant, with a copy of this, and have already given a copy to General Curtis, now at Helena. If Mr. Walker can find any of your negroes here the men will be put to work; but Mr. Walker can keep a watch on them and of the women till such times as rules are established for ascertaining and determining the right and title to such kind of property. At present I know of none of your negroes In or near Memphis; certainly none are in the negro-pen or any cotton. shed here. :

your obedient servant,

Major-General.
Cuap, XXIX.] CORRESPONDENCE, ETC.—UNION. 173
SPECIAL ORDERS, Hpq@rs. DIsTRIcr OF WEST TENNESSEE,
No. 163. } Corinth, Miss., August 14, 1862.
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VI. The two divisions of the Army of the Mississippi now guarding
railroad east of Corinth will proceed with all dispatch to Decatur, Ala.,