The War of the Rebellion: A Compilation of the Official Records of the Union And Confederate Armies. Series 3, Volume 2. Page: 249
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UNION AUTHORITIES.
No such call has yet been made, but the subject is now under
consideration. The Secretary would be glad to have your opinion
regarding both these classes of troops, &c. It may be doubted
whether mixing one-year's men with those of old regiments for three
years will be judicious. Also whether nine months is not too short a
time for any.
By order of the Secretary of War:
C. P. BUCKINGHAM,
Brigadier- General and Assistant Adjutant- General.
NEW ORLEANS, July 23, 1862.
Major-General BUTLER:
SIR: In the case of the seizure of the goods in the store of Maull &
Hancock, in this city, which you have referred to this commission, I
am of opinion that they should be restored. Neither of the grounds,
though at first view plausible, can be maintained.
First. The fact that the parties, one or both, had been engaged in
running the blockade constitutes no personal legal offense. The
penalty for such conduct is but the forfeiture of the vessel and cargo.
But this can only be enforced when the property is caught in delicto,
and that can only happen on the outward or immediate return voyage
and when, at the time of seizure, the blockade is in force. Neither
of these facts existed in this instance, and, beside that, the goods
seized are not the returns of any outward shipment. For authorities
on the point I refer you to those cited in the opinion I had the honor
to give you yesterday in the case of Messrs. Kennedy & Co.
Second. The fact, if true, that Hancock, one of the owners, was
engaged in the rebellion or sympathized in it is no cause of forfeiture
of his property by military authority. But the fact is denied, and
the truth of the denial is established to my satisfaction.
Third. But if both the preceding views were erroneous, the goods
should be returned.
It appears that the house of Thaddeus Norris & Co., of Philadel-
phia, who never violated the blockade or were privy to its violation
by Maull & Hancock, and who are loyal citizens, are largely interested
in the goods. This appears by an affidavit of Thaddeus Norris, the
head of the house, made in Philadelphia on the 27th ultimo, and by
an account annexed to the same, now before me.
By these it appears that, whilst Hancock is a creditor for $1,722.20
and Maull for $5,028.24, Norris is one for $17,116.73. To condemn
the stock as the property of the two former would be to inflict upon
Norris a total loss of his interest in the concern-a result evidently
unjust.
I have the honor to be, with high regard, your obedient servant,
REVERDY JOHNSON.
ADJUTANT-GENERAL'S OFFICE,
Washington, D. C., July 24, 1862.
His Excellency the GOVERNOR OF MINNESOTA,
Saint Paul:
SIR: You are hereby authorized by the Secretary of War to relieve
the companies of the Fifth Regiment of Volunteers from your State
now on duty at Forts Ridgely, Ripley, and Abercrombie, and to send
them to join the other companies of the regiment in the field. To249
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Errata sheets for the Records of the War of the Rebellion include additions and corrections to the text and the index for Series 3, Volume 2.
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United States. War Department. The War of the Rebellion: A Compilation of the Official Records of the Union And Confederate Armies. Series 3, Volume 2., book, 1899; Washington D.C.. (https://texashistory.unt.edu/ark:/67531/metapth139264/m1/258/?rotate=270: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.