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206 [[left margin]] State of Ala BRF&c 686 [[/left margin]] G129 Continuation of endorsements on letter of Br Maj Gillette Sub Dist of Mobile Bureau R. F. & A. L. March 30 1868 Respectfully referred to the Commanding Officer Post of Mobile with reference to the endorsement of the Asst Commr Ala and with the request that the claim of the laborer may be presented by an order to the Sheriff James Gillette Bvt Maj U.S.A Sub Asst Comm Head Quarters Post of Mobile March 31 1868 In conformity with instructions from Gen Hayden R T Barlow Esq Sheriff of Baldwin county will turn over to Maj James Gillette Sub Asst Commr at Mobile Ala the proceeds of the within mentioned sale excepting the sum of $71.56 Maj Gillette will receipt for the money and distribute it pro rata to the laborers who have a lien upon it. Edw McK Hudson Bvt Lieut Col & Maj 15 Infy Comdg Post [[left margin]] P102 [[/left margin]] Endorsement on communication of Thomas N Price Atty at Law Hd Qrs Post of Mobile Ala April 3 1868. Respectfully referred to Bvt Maj. Jas. Gillette Sub Asst. Commr for his remarks and reference to the Asst Comm for further instructions. The order from this Head quarters directing the Sheriff to turn over the money to Major Gillette to be suspended for the present. Edw McK Hudson Bvt Lieut Col & Maj 15 Infy Comdg Post Sub Dist of Mobile B R F & A L April 7 1868 Respectfully forwarded to the Asst. Comm. State of Ala with the statement of the Attorney and remarks from the same enclosed James Gillette Bvt Maj U.S.A. Sub Asst Comm. Respectfully returned to Bvt Maj James Gillette Sub Asst. Commr at Mobile Ala. Thro Hd Quarters Sub Dist of Ala. This case embraces the following points. The enormous amount as alleged of nearly $15000 worth of subsistence supplies, now even tho $1743 04/100 worth is not shown to have been actually issued to the twenty eight laborers claiming pay. There were other modes for its 207 disposal not disproven leaving the actual amount of issue to them undetermined. The Law enacted for laborers by G.O. 13 & 14 issued from Head Quarters Dist of Ala. Nov 9 and Decr 9 1867 respectively is understood to mean only for crops grown during that year or growing on the farms at that date. Likewise a Mortgage lien was only applicable to crops grown on the farm at the date of the Mortgage because no such lien having validity could ever be given upon that which had no existence at the time in other words there can be no such a thing as a mortgage on nothing so likewise a "Recorded Agreement" dated in this case Feby 25 1867 can be considered a legitimate "prior lien" only upon what was already grown as a crop not upon the prospective product of hired mens labor to the exclusion or precedence of their new lien for labor thereupon especially while it remains unknown that the subsistence was supplied to them and equalled the value of their lien—. In fine G.O. 13 & 14 were never to designed to subject the laborers lien on the product of his labor to an indiscriminate "prior lien" for supplies besides this it would be unsafe to abide justice in this matter in a court held among a people possessing the character of those of Baldwin County Ala. Orders are therefore respectfully requested of the Commanding Officer Sub Dist of Ala for the C.O. Post of Mobile to furnish Bvt Maj Gillette Sub Asst Commr with a sufficient Military force to execute the endorsement on order of General Hayden Asst Commissioner Bureau &c State of Ala dated March 27 1868 By order of Col & Bt Brig Genl O.L. Shepherd Geo. Shorkley Capt 15 Infy Bvt Maj U.S.A. A.A.A.Gen April 9 1868
Transcription Notes:
$1743 04/100 transcribed as $1743.04
