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292 by a compulsory detail. 2nd. That his duties as Depot Commissary permit him to go beyond Mobile and New Orleans. Concerning which I have to say that he was detailed at his own request and with a distinct understanding that he should visit the great grain markets of the west. Both facts appear from the accompanying telegram and were the subject of full conversation before he was permitted to enter on the duty. 3rd. Much stress is laid by Major Elderkin upon his doubts as to whether the vouchers would be paid. The circumstances which he relates are sufficient comment on this explanation. To satisfy a Mr Martin that his vouchers will be paid, he hands him one for twenty thousand dollars, and takes a "due bill" from him to deliver after it is paid the stores which if delivered beforehand and of proper quantity and quality would have given him a right to the money. When Mr Martin came and got the money there was not an intimation from himself or Major Elderkin that the stores had not been delivered; on the contrary this fact was only elicited after several weeks, and after persistent inquiry as to why they were not received at the points of distribution. A telegram from Major E. that his vouchers were not acceptable in Mobile would at any moment have referred his vouchers to the Bank in Mobile in which the Disbursing officer had ample funds deposited, except that if I had been here the knowledge that he was purchasing in Mobile would have at once closed his operations. 4th. Major Elderkin thinks I should have undertaken to compel Mr Martin to make good this deficiency. At that time I could only have done this through the Civil Courts. I did not think, nor do I, nor did Major Elderkin pretend at that time that it was a matter in which the Government should have recourse on anybody but himself and his securities. It was my duty to report the matter, which I did. When after several months my report was returned to me with directions to proceed against the merchants, I applied to Genl. Pope for permission to arrest Mr Martin and try him by Military Court, which was refused on the ground that Major E was plainly the party to whom the Government should look. But all these appear to me only immaterial features. It is admitted by Major E that he gave a voucher certifying that he had received stores which in fact he had not received. There is no pretence of the least authority for doing so. This is the simple case, the question simply is as to the precedent to be established. 293 Very Respectfully Your Obt. Servant Bvt. Maj. Genl. and Asst. Commissioner 474 Head Quarters Dist. of Alabama Montgomery, Alabama. Nov. 27th 1867. Comery Mrs Laura B Columbus, Georgia Madam Yours of the 23nd inst asking that a divorce may be granted to Joshua Moore (Col'd) is received. The proper recourse in this case is the Chancery Court - see Revised Code of Alabama 1867 Par. 2351 to 2369. This Code you will probably find in the hands of any Alabama lawyer. Very Respectfully Your Obt. Servant O.D. Kinsman Sub Asst. Commissioner 475 Head Quarters Dist. of Alabama Montgomery, Alabama. Nov. 27th 1867. 291/295 Howard Maj Genl. O.O. Commissioner &c Washington DC. General I have the honor to request the revocation of the appointments of the following Civilians on duty in the Bureau. Mark D Brainard (Clerk) to date Nov. 1st 1867 John Burns (Clerk) to date Dec. 1st 1867 D.R. Smith (Clerk) to date Dec. 18th 1867 In connection with these revocations and consequent reduction of expenses I have the honor to call your attention to letter from this Office of date Sept. 28th 1867 requesting the appointment of G.A. Farrand as Agent in Hale County at $100.00/100 from Oct. 1st 1867 and Mr M Relfa as Clerk at Talladega at $80.00/100 from Sept. 28th 1867, and to letter explanatory of these appointments dated Oct. 7th 1867 (copy of which is herewith cnsloed). Messrs Farrand and Relfa have been constantly on duty since the dates for which their appointments are asked and their services have been indispensible. I would also ask that the salary of Mr J.C. Hendrix Sub Asst. Comr. at this place be increased to $125.00/100 per month from Nov. 1st 1867. Mr Hendrix has from that date
