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ossible chance there is； under present circumstances； of filling with patients the two large hospitals now in use； besides the one asked for。 I may； however； be mistaken in the particular building asked for by Dr。 Derby； and will go myself to see。
The fort is progressing well； Captain Jenney having arrived。 Sixteen heavy guns are received； with a large amount of shot and shell； but the platforms are not yet ready； still； if occasion should arise for dispatch； I can put a larger force to work。 Captain Prime； when here； advised that the work should proceed regularly under the proper engineer officers and laborers。 I am； etc。；
W。 T。 SHERMAN； Major…General commanding。
HEADQUARTERS FIFTH DIVISION MEMPHIS； TENNESSEE； September 4； 1862
Colonel J。 C； KELTON； Assistant Adjutant…General； Headquarters of the army； Washington； D。 C。
DEAR COLONEL： Please acknowledge to the major…general commanding the receipt by me of his letter； and convey to him my assurances that I have promptly modified my first instructions about cotton； so as to conform to his orders。 Trade in cotton is now free； but in all else I endeavor so to control it that the enemy shall receive no contraband goods； or any aid or comfort； still I feel sure that the officers of steamboats are sadly tempted by high prices to land salt and other prohibited articles at waypoints along the river。 This； too； in time will be checked。 All seems well here and hereabout； no large body of the enemy within striking distance。 A force of about two thousand； cavalry passed through Grand Junction north last Friday； and fell on a detachment of the Bolivar army at Middleburg； the result of which is doubtless reported to you。 As soon as I heard of the movement； I dispatched a force to the southeast by way of diversion； and am satisfied that the enemy's infantry and artillery fell back in consequence behind the Tallahatchie。 The weather is very hot； country very dry； and dust as bad as possible。 I hold my two divisions ready； with their original complement of transportation； for field service。 Of course all things most now depend on events in front of Washington and in Kentucky。 The gunboat Eastport and four transports loaded with prisoners of war destined for Vicksburg have been lying before Memphis for two days； but are now steaming up to resume their voyage。 Our fort progresses well； but our guns are not yet mounted。 The engineers are now shaping the banquette to receive platforms。 I expect Captain Prime from Corinth in two or three days。
I am； with great respect； yours；
W。 T。 SHERMAN； Major…General commanding。
HEADQUARTERS FIFTH DIVISION MEMPHIS； TENNESSEE； September 21； 1862
Editor Bulletin。
SIR： Your comments on the recent orders of Generals Halleck and McClellan afford the occasion appropriate for me to make public the fact that there is a law of Congress； as old as our Government itself； but reenacted on the 10th of April； 1806； and in force ever since。 That law reads：
〃All officers and soldiers are to behave themselves orderly in quarters and on the march； and whoever shall commit any waste or spoil； either in walks of trees； parks； warrens； fish…ponds； houses and gardens； cornfields； inclosures or meadows； or shall maliciously destroy any property whatever belonging to the inhabitants of the United States； unless by order of the commander…in…chief of the armies of said United States； shall （besides such penalties as they are liable to by law） be punished according to the nature and degree of the offense； by the judgment of a general or regimental court…martial。〃
Such is the law of Congress； and the orders of the commander…in… chief are； that officers or soldiers convicted of straggling and pillaging shall be punished with death。 These orders have not come to me officially； but I have seen them in newspapers； and am satisfied that they express the determination of the commander…in… chief。 Straggling and pillaging have ever been great military crimes； and every officer and soldier in my command knows what stress I have laid upon them； and that； so far as in my power lies； I will punish them to the full extent of the law and orders。
The law is one thing； the execution of the law another。 God himself has commanded： 〃Thou shalt not kill；〃 〃thou shalt not steal；〃 〃thou shalt not covet thy neighbor's goods；〃 etc。 Will any one say these things are not done now as well as before these laws were announced at Sinai I admit the law to be that 〃no officer or soldier of the United States shall commit waste or destruction of cornfields； orchards； potato…patches； or any kind of pillage on the property of friend or foe near Memphis；〃 and that I stand prepared to execute the law as far as possible。
No officer or soldier should enter the house or premises of any peaceable citizen； no matter what his politics； unless on business； and no such officer or soldier can force an entrance unless he have a written order from a commanding officer or provost…marshal； which written authority must be exhibited if demanded。 When property such as forage； building or other materials are needed by the United States； a receipt will be given by the officer taking them； which receipt should be presented to the quartermaster； who will substitute therefor a regular voucher； to be paid…according to the circumstances of the case。 If the officer refuse to give such receipt； the citizen may fairly infer that the property is wrongfully taken； and he should； for his own protection； ascertain the name； rank； and regiment of the officer； and report him in writing。 If any soldier commits waste or destruction； the person whose property is thus wasted must find out the name； company； and regiment of the actual transgressor。 In order to punish there must be a trial； and there must be testimony。 It is not sufficient that a general accusation be made； that soldiers are doing this or that。 I cannot punish my whole command； or a whole battalion； because one or two bad soldiers do wrong。 The punishment must reach the perpetrators； and no one can identify them as well as the party who is interested。 The State of Tennessee does not hold itself responsible for acts of larceny committed by her citizens； nor does the United Staten or any other nation。 These are individual acts of wrong； and punishment can only be inflicted on the wrong…doer。 I know the difficulty of identifying particular soldiers； but difficulties do not alter the importance of principles of justice。 They should stimulate the parties to increase their efforts to find out the actual perpetrators of the crime。
Colonels of regiments and commanders of corps are liable to severe punishment for permitting their men to leave their camps to commit waste or destruction； but I know full well that many of the acts attributed to soldiers are committed by citizens and negroes； and are charged to soldiers because of a desire to find fault with them； but this only reacts upon the community and increases the mischief。 While every officer would willingly follow up an accusation against any one or more of his men whose names or description were given immediately after the discovery of the act； he would naturally resent any general charge against his good men； for the criminal conduct of a few bad ones。
I have examined into many of the cases of complaint made in this general way； and have felt mortified that our soldiers should do acts which are nothing more or less than stealing； but I was powerless without some clew whereby to reach the rightful party。 I know that the great mass of our soldiers world scorn to steal or commit crime； and I will not therefore entertain vague and general complaints； but stand； prepared always to follow up any reasonable complaint when the charge is definite and the names of witnesses furnished。
I know； moreover； in some instances when our soldiers are complained of； that they have been insulted by sneering remarks about 〃Yankees；〃 〃Northern barbarians；〃 〃Lincoln's hirelings；〃 etc。 People who use such language must seek redress through some one else； for I will not tolerate insults to our country or cause。 When people forget their obligations to a Government that made them respected among the nations of the earth； and speak contemptuously of the flag which is the silent emblem of that country； I will not go out of my way to protect them or their property。 I will punish the soldiers for trespass or waste if adjudged by a court…martial； because they disobey orders； but soldiers are men and citizens as well as soldiers； and should promptly resent any insult to their country； come from what quarter it may。 I mention this phase because it is too common。 Insult to a soldier does not justify pillage； but it takes from the officer the disposition he would otherwise feel to follow up the inquiry and punish the wrong…doers。
Again； armies in motion or stationary must commit some waste。 Flankers must let down fences and cross fields； and； when an attack is contemplated or apprehended； a command will naturally clear the ground of houses； fences； and trees。 This is waste； but is the natural consequence of war； chargeable on those who caused the war。 So in fortifying a place； dwelling…houses must be