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Bacon and Pork and a portion of the Corn was delivered. -

7.713 39/56 Bushels were still due when I was relieved from duty in Alabama Nov. 16th. 1866 - which deficiency was reported to Genl. Swayne who declined to act in the matter, recommending me to commence a Civil suit against Mr Martin for the recovery of the Value of the undelivered Corn - This course I did not feel pecuniarily able to follow, nor did I consider such a course advisable inasmuch as Sec 16. of the Act approved July 17th 1862 provides for the trial of such cases by Court Martial - Mr Martin was really to be considered a contractor in the meaning of the law as he had given a written agreement to furnish the supplies (Exhibited "D") and had acknowledged the receipt of my vouchers for the same, given under the circumstances here in fore mentioned - clearly then he was and is still subject to the jurisdiction of a Military Court Martial for obtaining money from the U.S. under false pretence, to the amount of $10,413.67/100 being the stated value of 7.713 39/56 bushels of Corn at $1.35 pr bushel.

The deficiency, moreover, was a matter which directly concerned the Bureau of RF and AL. and, as such, should have been corrected by the Officer directly in charge of the affairs of that Bureau in Alabama - particularly as that Officer had taken

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