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onfiscation 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 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 entitled to it。 If they are foreign subjects residing for business in this； country； they are entitled 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 Constitution 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 Constitution 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 entitled 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 assumes 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 Constitution 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 Dickey； 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。
The guerrillas have destroyed several bridges over Wolf Creek； one at Raleigh； on the road by which I had prescribed trade and travel to and from the city。 I have a strong guard at the lower bridge over Wolf River； by which we can reach the country to the north of that stream； but； as the Confederates have burned their own bridges； I will hold them to my order； and allow no trade over any other road than the one prescribed； using the lower or Randolph road for our own convenience。 I am still satisfied there is no large force of rebels anywhere in the neighborhood。 All the navy gunboats are below except the St。 Louis； which lies off the city。 When Commodore Davis passes down from Cairo； I will try to see him； and get him to exchange the St。 Louis for a fleeter boat not iron…clad； one that can move up and down the river； to break up ferry…boats and canoes； and to prevent all passing across the river。 Of course； in spite of all our efforts； smuggling is carried on。 We occasionally make hauls of clothing； gold…lace； buttons； etc。； but I am satisfied that salt and arms are got to the interior somehow。 I have addressed the Board of Trade a letter on this point； which will enable us to control it better。
You may have been troubled at hearing reports of drunkenness here。 There was some after pay…day； but generally all is as quiet and orderly as possible。 I traverse the city every day and night； and assert that Memphis is and has been as orderly a city as St。 Louis； Cincinnati； or New York。
Before the city authorities undertook to license saloons； there was as much whiskey here as now； and it would take all my command as customhouse inspectors； to break open all the parcels and packages containing liquor。 I can destroy all groggeries and shops where soldiers get liquor just as we would in St。 Louis。
The newspapers are accusing me of cruelty to the sick； as base a charge as was ever made。 I would not let the Sanitary Committee carry off a boat…load of sick； because I have no right to。 We have good hospitals here； and plenty of them。 Our regimental hospitals are in the camps of the men； and the sick do much better there than in the general hospitals； so say my division surgeon and the regimental surgeons。 The civilian doctors would； if permitted； take away our entire command。 General Curtis sends his sick up here； but usually no nurses； and it is not right that nurses should be taken from my command for his sick。 I think that； when we are endeavoring to raise soldiers and to instruct them； it is bad policy to keep them at hospitals as attendants and nurses。
I send you Dr。 Derby's acknowledgment that he gave the leave of absence of which he was charged。 I have placed him in arrest； in obedience to General Halleck's orders； but he remains in charge of the Overton Hospital； which is not full of patients。
The State Hospital also is not full； and I cannot imagine what Dr。 Derby wants with the Female Academy on Vance Street。 I will see him again； and now that he is the chief at Overton Hospital； I think he will not want the academy。 Still； if he does； under your orders I will cause it to be vacated by the children and Sisters of Mercy。 They have just advertised for more scholars； and will be sadly disappointed。 If； however； this building or any other be needed for a hospital； it must be taken； but really； in my heart； I do not see what possible chance there is； under present circumstances； of filling with patients the two large hospita