turned over to the civil tribunals. Under the instructions as they now stand trade with the enemy is declared unlawful, and is therefore to be suppressed; but when goods are brought in from the enemy's lines they are to be seized, those found useful to the army are to be taken, allowing the owner a profit on cost not excedding 75 per cent., and the other articles are to be turned over to the owner, unless claimed by the officers of the Treasury Department. To carry out these propositions is an impossibility. To seize goods, take from them what you need (paying for them), and to turn the remainder over to the owner will not suppress the trade with the enemy. It would be far better to leave the passports to the management of the military authorities and the offenses against the statutes of Congress and the law of nations to the civil tribunals. Inasmuch as it is held that goods bought of the enemy are still [to] be treated as "enemy's goods" when seized, and to be disposed of under the sequestration act, the civil officers alone are entitled to their custody.

Hoping some definite rules and instructions will be given me on this subject, I am, dear sir, very respectfully, your obedient servant,

J. C. PEMBERTON,

Lieutenant-General, Commanding.

P. S.-I add the following opinion just received from Judge Clayton, judge of the Confederate States for this State:

In regard to the goods you stopped en route for Hernando, all trade with an enemy is prohibited, the contract of purchase and sale is void, and the goods still remain enemy's property. As such they are liable to sequestration under the rule. The goods recently released could have been held.

Respectfully,

J. C. PEMBERTON,

Lieutenant-General, Commanding.

[24.]

CAMP LORING, April 6, 1863.

Major General W. W. LORING:

MY DEAR GENERAL: My instructions from General Pemberton are to return to Vicksburg so soon as I could be spared here. I believe now that my presence is more required there than here, and, if you approve, desire to return at once. I should be glad tot ake with me the Thirty-seventh Mississippi Regiment, of Hebert's brigade, stationed at Snyder's, and the guns I brought up with me. I infer that Snyder's or Haynes' Bluff is threatened again. Can I have the Ferd. Kennett?

Very respectfully, your obedient servant,

DABNEY H. MAURY,

Major-General.

[24.]

SPECIAL ORDERS, HDQRS. DEPARTMENT OF THE WEST, Numbers 58.
Tullahoma, Tenn., April 8, 1863.

* * * *

II. Captain Goodman, assistant adjutant-general, is hereby transferred from Department Numbers 2 to Department Mississippi and East Louisiana, and will report to Lieutenant-General Pemberton for duty with Brigadier-General Chalmers.

By command of General Johnston.

BENJ. S. EWELL,
Assistant Adjutant-General.

[24.]