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NARA 634

L.R. Vol. S 181 (B) (C.A.) 4th M.D. 186
Holly Springs, Miss NOvember 9th 1867

Strickland W.M.

Submits statement of Dr Dobbin verified by affidavits &c

From the enclosed contracts and sworn statement of Mr Dobbins the facts in this case are as follows: during the year 1866, Mr Hendrix in company with some other person, leased and raised a crop on land belonging to Col Foy. That, when the crop was gathered and disposed of, the hands were  not paid as agreed upon and one of the parties left the country, That the reason the said Hendrix and Dobbin entered into copartnership and leased the same land, and employed some of the  hands, with the understanding that they were to be paid ut of the proceeds of the crop, some [[strikethrough]] of the [[/strikethrough]] hands who had not received their pay for last year, becoming uneasy, reported to the Agent of the Bureau who ordered that none of the present crop should be shipped, until the debts of last year were paid.

M 118 F.B.S.M. Vol. 2-1866

Wrapper (5) Enclosures.

Recd. 4th M.D. (C.A.) Nov 13th 1867.

Headquarters Fourth Military District,
Office of Civil Affairs,
Holly Springs [[strikethrough]] Vicksburg [[/strikethrough]], Miss., November 14th  1867.

The only legal claim these hands have on the present crop is on the interest which Hendrix has in it, which interest should go to satisfy their claims after the expenses for supplies and labor consumed and expended on the present crop are paid.  I think Major Smith's order should be revoked as these laborers' remedy is complete through the Civil Courts by application to the Court or a judge (during vacation of court) to have a receiver appointed to dispose of the present crop and pay the claims in the order of their priority as follows
- to wit-
   
1st Claims for advances for labor provisions, rent &c for the production of the present crop.
   
2d Any surplus which may remain belonging to Hendrix to be applied pro-rata on these last year's claims.
Respectfully referred to Bvt. 
(over)

Maj. George S. Smith, Capt. V.R.C., Agent Bureau of R.F. and A.L., Macon, Miss., for compliance with the above opinion of the Asst. Judge Advocate of the district, which contains the views of General Commanding. Major Smith will see that it is properly carried out, and in case the civil courts fail to act in compliance therewith, he will report the fact to these Headquarters. In case consignees will give security for any unpaid claims, found due laborer, after a settlement by arbitration as provided for cotton can be shipped.

By command of
Bvt Maj Genl Ord.
O.D. Greene
Asst. Adjt. Genl.

E.B.C.A. 2 P. 300 4 M.D. 1867

Transcription Notes:
---------- Reopened for Editing 2024-05-28 17:25:00 O.D. Greene