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240 Col Brown. In the face of all this and with a knowledge that the sale was made subject to the orders of the Bureau, he having been informed of this by the atty of the Commissioners, Col Rush proceeded to cut timber from the land, and learning this, the removal of of it was prohibited as it was Gov't property by order of Capt Flagg. The timber is not, as stated in Col Rush'd Com'- at the mill. but is a part on the land and a part on the banks of a creek ready for rafting to the mill. The timber is still held by me subject to orders of Capt Flagg. (Sgd) O.S. Pride Asst Supt Office Supt 1st Dist Va Norfolk Mar 2nd 1866 Respty returned to Col O Brown Asst Comr &c &c with attention called to the reply of Capt O.S. Pride the Asst Supt of No'. H. County. The property of Smith S. Nottingham not having been restored by the authorities of the Bureau, I hold myself responsible for its protection as Govt Property and when I was informed that certain parties had cut and had begun to remove certain timber from the lands of the Gov't in that county I ordered it seizure- and retention and also that the parties should be held for trespass and that they should indemnify the Gov't for the cutting of the timber, as the Govt would be liable to damages for "waste" I cannot see how we are under obligation to notify parties purchasing lands held by the Gov't, that it is so held. If parties choose to ignore the rights of the Gov't and sell without recognizing such claims, and other parties purchase without getting a sound title that is their own fault- and they ought and must abide the consequences. In this case however there was no excuse- parties were properly notified. (Sgd) A.S. Flagg Capt A.Q.M. &c 241 O.S. Pride Asst Supt A.S. Flagg Capt & A.Q.M &c Hd Qrs Asst Comr Bureau RF & AL Va Richmond Mar 7th/66 Respty returned to Maj Genl O.O. Howard Com'r and attention respectfully invited to enclosed report of Mr O.S. Pride, Asst Supt. and to endorsement of CApt A.S. Flagg A.Q.M. Supt 1st Dist- The property referred to within is still in possession of the Bureau, it not having been restored by any order from these Head Qrs. In view of this the Asst Com'r considers that Capt Flagg was justified in not allowing the lumber to be removed. (Sgd) O. Brown Col & Asst Comr Official James A. Bates Act Asst Adjt Genl Rec'd Back Mar 10th/66 & Filed "action of Capt Flagg app'd" T.F.P. Crandon Capt & A.Q.M. &c J.W. Barnes Capt & Asst Supt L.R.C.203.2nd Vol Endorsement on letter of Capt J.W. Barnes Asst Supt requests information as to certain points of Law. relative to a horse given to freedman in 1864 by a Confed' soldier. Bureau RF & AL Head Qrs Asst Comr Va Richmond Mar 7th/66 Respty returned to Capt Crandon A.Q.M.& Supt The horse belongs to the freedman to whom it was given. By order of Col O Brown James A. Bates AAAG R.S. Lacy Capt & AQM &c Sam'l. S. Bryant W.T. Sutherlin L.R.B.223.2.Vol.1866. Endorsement on letter of Sam'l S. Bryant Atty at Law. requests a delay in the decision of the controversy between W.T. Sutherlin and the U.S. in relation to houses at Danville. Head Qrs Asst Com'r Richmond Va. Mar 7th/66 Respty referred to Capt R.S. Lacy A.Q.M. & Supt. who will grant the delay, if no special reason exists (over)
