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master of army
such changes shall be forthwith published in general orders of the War Department.
SEC. 11. And be iť further enacted, That during the Inspectors of the continuance of the present rebellion, the Secretary of department. War may assign to duty, as inspectors of the quartermaster's department, six officers, to be selected from the regular and volunteer officers of that staff corps, who have served not less than one year, who shall have, while so assigned and acting, the temporary rank, pay, and emoluments of colonels of the quartermaster's department; and also, when in his judgment it is necessary, may assign to each army in the field, consisting of more than one army, corps, and to each military department and to each principal depot, not exceeding ten in number at any one time, of the quartermaster's department, an officer to act as chief or senior quartermaster of said
Chief quarterarmy, military department, or depot, who shall have corps, &c. while so assigned the temporary rank, pay, and emoluments of a colonel of the quartermaster's department; and also to assign to each division of two or more brigades, a quartermaster, as division quartermaster, who, Division quarwhile so assigned and acting, shall have the temporary rank, pay, and emoluments of a major of the quartermaster's department: Provided, That when any of said officers is relieved from such duty, his temporary rank, pay, and emoluments shall cease, and he shall return to his lineal rank in the department: And provided further, That when within the limits of any military department there shall not be more than one army corps, then the chief quartermaster of the army corps shall perform also the duties of the department quartermaster.
SEC. 12. And be it further enacted, That, at least twothirds of all the officers of each grade or assigned rank grade provided for provided for under the provisions of this act shall be be from volunteer selected from among quartermasters of the volunteer service. service.
SEC. 13. And be it further enacted, That all acts and Repealt of inparts of acts inconsistent with the provisions of this act sions. be, and the same are hereby, repealed.
Approved, July 4, 1864. NOTE.-This act received a judicial construction in the case of Baker et al. v. The United States, 3 Court of Claims, page 343, and is as follows:
Court of Claims. “An order is issued by Major-General Canby, commanding a military department, to his quartermaster at New Orleans, directing him to charter or impress vessels for the expedition against Mobile. The quartermaster accordingly charters the brig Fitler. The rate agreed upon exceeds that prescribed for such a vessel by the Quartermaster-General, but is less than the vessel would then bring in New Orleans. The Quartermaster-General disapproves the contract and refuses
to pay the rate agreed upon for the time the vessel was in service. The owners refuse the reduced rate and request that their vessel be discharged from the service. The quartermaster refuses to discharge her, she being needed by the expedition.
“Where an emergency exists requiring the immediate procurement of supplies for the movements of an army, and they can not be procured in the usual manner, its commanding general may order the chief quartermaster to procure them without advertisement 'during
Two thirds of officers of each
The act construed by the
the continuance of the emergency,’ under section 4, act 4 July, 1864
SEQUESTRATION OF PROPERTY IN LOUISIANA, 1862–1865.
GENERAL ORDERs, l HEADQUARTERS DEPARTMENT OF THE GULF, No. 91. New Orleans, November 9, 1862.
The commanding general being informed and believing that the district west of the Mississippi River lately taken possession of by the United States troops is most largely occupied by persons disloyal to the United States, and whose property has become liable to confiscation under the acts of Congress and the proclamation of the President, and that sales and transfers of said property are being made for the purpose of depriving the Government of the same, has determined, in order to secure the rights of all persons as well as those of the Government, and for the purpose of enabling the crops now growing to be taken care of and secured, and the unemployed laborers to be set at work and provision made for payment of their labor— To order, as follows: I. That all the property within the district to be known as the “District of Lafourche” be and hereby is sequestered, and all sales or transfers thereof are forbidden and will be held invalid. II. The district of Lafourche will comprise all the territory in the State of Louisiana lying west of the Mississippi River, except the arishes of Plaquemines and Jefferson. III. That Maj. Joseph M. Bell, provost judge, president; Lieut. Col. J. B. Kinsman, A. D. C.; Capt. Fuller, Seventy-fifth New York Volunteers, provost marshal of the district, be a commission to take possession of the property in said district, to make an accurate inventory of the same, and gather up and collect all such personal property, and turn over to the proper officers, upon their receipts, such of said property as may be required for the use of the United States Army; to collect together all the other personal property, and bring the same to New Orleans, and cause it to be sold at public auction to the highest bidders, and, after deducting the necessary expenses of care, collection, and transportation, to hold the proceeds thereof subject to the just claims op loyal citizens and those neutral foreigners who in good faith shall appear to be the owners of the same. IV. Every loyal citizen or neutral foreigner who shall be found in actual possession and ownership of any property in said district, not having acquired the same by any title since the 18th day of September last, may have his property returned or delivered to him without sale upon establishing his condition to the judgment of the commisS1On. V. All sales made by any person not a loyal citizen or foreign neutral since the 18th day of September shall be held void, and all sales whatever, made with the intent to deprive the Government of its rights of confiscation, will be held void, at what time soever made. VI. The commission is authorized to employ in working the plantation of any person who has remained quietly at his home, whether he be loyal or disloyal, the negroes who may be found in said district, or who have, or may hereafter, claim the protection of the United States, upon the terms set forth in a memorandum of a contract heretofore offered to the planters of the Poio of Plaquemines and St. Bernard, or white labor may be employed, at the election of the commission.
VII. The commissioners will cause to be purchased such supplies as may be necessary, and convey them to such convenient depots as to supply the planters in the making of the crop; which supplies will * charged against tha crop manufactured and shall constitute a lion ther 30m.
VIII. The commissioners are authorized to work for the account of the United States such plantations as are deserted by their owners or are held by disloyal owners, as may seem to them expedient for the go of saving the crops. -
IX. Any persons who have not been actually in arms against the United States since the occupation of New Orleans by its forces, and who shall remain peaceably upon their plantations, affording no aid or comfort to the enemies of o United States, and who ...i return to their allegiance, and who shall, by all reasonable methods, aid the United States when called upon, may be empowered by the commission to work their own plantations, to make their own crops, and to retain possession of their own property, except such as are necessary for the military uses of the United States. And to all such persons the commission are authorized to furnish means of transportation for their crops and supplies at just and equitable prices.
X. The commissioners are empowered and authorized to hear, determine, and definitely report upon all questions of the loyalty, dis; loyalty, or neutrality of o various claimants of property with said district; and further, to report such persons as in their judgment ought to be recommended by the commanding general to the President for amnesty and pardon, so that they may have their P.H., returned; to the end that all persons that are loyal may suffer as little injury as possible, and that | persons who have been héretofore disloyal may have opportunity now to prove their loyalty and to return to their allegiance and save their property from confiscation, if such shall be the determination of the Government of the United States.
By command of Major General Butler:
GEO. C. STRONG, Assistant Adjutant General and Chief of Staff.
SPECIAL ORDERs, l HEADQUARTERs DEPARTMENT OF THE GULF, No. 101. New Orleans, November 25, 1862.
The provisions of General Orders, No. 91, current series from these headquarters, are hereby extended to embrace all the State of Louisiana east of the Mississippi River, except the parishes of Orleans, Plaquemines, and St. Bernard. By command of Major General Butler: GEO. C. STRONG, Assistant Adjutant General and Chief of Staff.
GENERAL * HEADQUARTERs DEPARTMENT OF THE GULF, No. 8. New Orleans, January 12, 1863.
Upon the report of the commission appointed on the 25th day of December, 1862, to consider the subject of sequestered property and estates, it was ordered: I. No further seizures of property will be made except upon claims for debts due the Government without orders from these headquarters. II. The commission will sell at public auction all property in its possession that has not been or may not be claimed or released o: such as may be required for the use of the Army and turn over the roceeds thereof to the chief quartermaster, subject to further orders. he commission will cause to be sold, as it may deem best, the crops of any plantations worked under permits from the Government and pay over to the parties working them a part of the proceeds, not exceeding one-fourth, until after the commission is satisfied that their contracts have been properly carried out, and take such other measures in regard to such plantations as may be necessary, not involving the Government in any expense beyond its interest in the crops. III. Persons working plantations under orders from the Government will account to the commission herein named for the whole crop and the proceeds to which the Government is entitled, when realized by the commission, are to be added to the fund in the hands of the quartermaster. IV. All supplies in the hands of commercial o: in the city or country will o sold as speedily as practicable, the receipts to be applied to the payment of salaries of agents, who will be discharged and aid, and the balance placed in the hands of the quartermaster. 8. of the Government upon crops for supplies advanced to planters and other parties will be collected i. and all unsettled claims will be placed in the hands of the chief quartermaster for collection. W. Abandoned estates may be placed in the charge of overseers or other persons upon such terms and conditions as to profits and labor as may be deemed just and o by the commission upon full consideration of the rights of the Government and all other parties in interest. VI. All property, real or personal, liable to confiscation under the acts of Congress will, upon proper representation and complaint, as provided by law, be adjudicated and disposed of by the order of the district court provisionally established by the President in pursuance of the acts of Congress. VII. All products of the country sent to the city of New Orleans in ood faith may be sold at market prices by the proprietors or their actors for legal currency of the United States without restriction or confiscation. Planters will find it for their interest to forward their crops to New Orleans rather than to dispose of them on their plantations. VIII. Plantation supplies and other articles not contraband of war, necessary to the working of estates or the support of loyal persons, may be purchased in open market by planters or agents, in quantities not inconsistent with the interest .." safety of the Government, for consumption within the lines of the army, upon the approval and order of the commission herein named. This privilege is accorded to well-disposed persons as a measure of relief. Its execution will be closely scrutinized, and its abuse will be summarily punished with the most rigorous severity known to military law. Officers of the Army are directed, and naval and civil officers are requested, to assist in enforcing the faithful observance of this order.
DK. Col. E. G. Beckwith, chief commissary, Lieut. Col. D. H. Strother, A. D. C., and Capt. W. Sturgis Hooper, A. D. C., are charged with the responsibilities and duties of the commission herein named from and after this day.
By command of Major-General Banks:
RICHARD B. IRWIN, Lieutenant-Colonel, Assistant Adjutant-General.
SPECIAL * HEADQUARTERs DEPARTMENT OF THE GULF, No. 123. New Orleans, May 10, 1865. >k :: >k >k >k :k :k 8. A commission, to consist of the following-named officers: Brig. Gen. E. J. Davis, United States Volunteers, and First Lieut. Charles Bornarth, aide-de-camp, is hereby appointed, and will convene in New Orleans, La., on the 13th day of May, 1865, and taking the books, papers, and existing records of the commission appointed by Department General Orders, Nos. 91 and 101, series of 1862, modified by various special orders, and by Department General Orders, No. 8, series of 1863, act and report fully upon the claims remaining but partially acted upon or undisposed of by the former commission, including all cases of parties who took off crops from plantations and whose accounts properly came before these commissions, and all claims or causes in which the provisional court has taken action. The commission will take testimony and have authority to send for persons and examine papers necessary to the proper understandin of any case before it, and will employ the necessary assistants an clerks for the correct and prompt performance of the duties with which it is charged, and will receive funds and pay for the same from the funds of the former commission remaining in the hands of Colonel Holabird, chief quartermaster of the department, or of Colonel Beckwith, president of the former commission, and from the receipts from the debts due the commercial agencies, which the commission will collect without delay. This commission will also make a full report in which, as far as possible, shall be given the names of each lot or parcel of property that came into the possession of the former commission as sequestered by the orders cited above. The disposition made of, and the expenses incurred or paid upon each such parcel or property, and when sold, the disposition made of the net proceeds in each case, with an account current of the property taken from each owner or plantation, with abstracts and vouchers to show its value, history, and disposition as fully as possible, with separate accounts for gathering and manufacturing crops for account of the Government, with the terms and conditions upon which this was done and including settlement accounts of parties working these plantations; and will also report the amount of property collected and sold under the fourth paragraph of General Orders, No. 8, cited above, the expenses incurred in the