Mr. Burnley to Mr. Seward

Sir: With reference to my note of the 8th of November last, and to your replies of the 14th and 16th of the same month, relative to a shipment of cotton from Memphis, belonging to a British subject, Captain Scanlan, I would beg to enclose a copy of a further letter and enclosure which I have received from this gentleman, requesting you to take it into consideration.

Captain Scanlan’s statement is written very fairly and courteously, and I hope that as other parties have been allowed apparently to ship their entire crop to New York, the same favor may be extended to the present applicant.

I beg to enclose copies of contract with freedmen through the United States superintendent at Memphis, requesting you to return them to me.

I have the honor to be, with the highest consideration, sir, your most obedient, humble servant,

J. HUME BURNLEY.

Hon. William H. Seward, &c., &c., &c.

Mr. Scanlan to Mr. Burnley

Sir: With reference to my application to Lord Lyons of the 28th of October, 1864, I beg respectfully to submit that the order of the Secretary of the Treasury of the United States has been complied with, only in permitting me to ship my crop of cotton to Memphis, to await further action, as has been stated in the permit of Mr. Orme, which I have shown you already, and a copy of which I enclose.

He construes the Secretary’s letter as only waiving the clause in the affidavit heretofore referred to, but still not granting what I asked, and what he favorably recommended in his letter of October to the Secretary of the Treasury. He permitted me to ship 24 bales of this cotton to Hew York, but refused to permit the balance, until the Secretary of the Treasury gives a more categorical answer to my application of last October, he being of opinion that the Secretary would require that the lands should be also leased from the government.

I have no doubt but the Secretary of the Treasury intended in his letter of the 14th of November that I should be permitted to ship this cotton to market.

As stated in my letter to Lord Lyons, my plantation is eighteen miles below Memphis, on [Page 66] the hanks of the Mississippi river, and under cover of the guns of the United States navy. Were it not regarded by the military authorities as inside their lines, they would not permit me to take contrabands or freedmen from Memphis to said plantation.

I have been highly recommended by the military commanders of that department, and my case has been favorably referred to the supervising agent, Mr. Orme, who had before him the proofs that this cotton was raised by freedmen’s labor, and that every action of mine in the premises was strictly in conformity with the regulations of the treasury and in earnest furtherance of the policy of the government as set forth in the emancipation proclamation of his excellency the President of the United States; I therefore ask that I be permitted to ship this cotton to New York, without further hindrance or embarrassment, as the delay already incurred has materially lessened its value.

Some neighboring planters who did not even hire their labor from the superintendent of freedmen have been permitted to ship their entire crop to New York, and I am, therefore, satisfied that when this is made known to the heads of departments here, they will exhibit in this case their usual fairness and magnanimity, and I regret that I am obliged to give them further trouble.

I respectfully request the favor of an answer at your earliest convenience, directed to the care of Messrs. Walker & Scanlan, 224 F street.

With sincere thanks for your kindness, I have the honor, sir, to be, with great respect,

W. E. SCANLAN

P. S.—I beg to enclose copies of contracts with freedmen through the United States superintendent at Memphis.

Respectfully,

W. E. SCANLAN.

[Enclosure.]

W. E. Scanlan, a British subject, is hereby permitted to remove his crop of cotton, produced during the year 1864, from Scanlan’s landing, eighteen miles below Memphis, to Memphis to be stored, and reported at this office for further action.

This is a case in which I am acting on special instructions from the Secretary of the Treasury, and I recommend the military authorities to give such passes as may be necessary in the case.

W. W. ORME, Supervising Special Agent.

[Enclosure.]

This contract, made this 12th day of March, 1864, between Captain W. E. Scanlan, employer, and George Hall, Henry Cole, Anderson Manney, Paul McMillar, Greenville McMillar, Peter White, Jim Rogers, Bill Sykes, Arch. Gerring, William Noval, Ephraim Dennings, George Washington, freed laborers, witnesseth, that said W. E. Scanlan agrees to employ said laborers on his plantation from the 12th day of March, 1864, to the 12th day of March, 1865, on the terms specified in the code of rules and regulations for leasing abandoned property and hiring freedmen; and the said laborers agree to be diligent and faithful hands while in his employ, it being understood and agreed that this contract is subject to the provisions of said code by which all parties hereto agree to be governed.

W. E.SCANLAN.

GEORGE HALL.

HENRY COLE.

ANDERSON MANNEY.

PAUL McMILLAR.

GREENVILLE McMILLAR.

JIM ROGERS.

PETER WHITE.

GEORGE WASHINGTON.

BILL SYKES.

ARCH. GERRING.

WILLIAM NOVAL.

EPHRAIM DENNINGS,

In the presence of— R. D. BUD.

[Page 67]

[Enclosure.]

This contract, made this 8th day of March, 1864, between W. E. Scanlan, employer, and Margaret Ingram, Charley Grear, Anna Gibbs and children, Clara Gibbs, Mira Gibbs, Rachel Gibbs, Susan Banks and child, Jane Hicks, Milly Tucker, Amanda Taylor, Ned Norris, Frances Julligan and child, Nancy Johnson and child, Abby Nance, Laura Hodge, Coledona Malone, Catharine Malone, Emma Holmes, Elijah Potts, freed laborers, witnessethf that said W. E. Scanlan agrees to employ said laborers on his plantation from the 8th day o, March, 1864, to the —— day of——, 1864, on the terms prescribed in the code of rules and regulations for leasing abandoned property and hiring freedmen; and the said laborers agree to be diligent and faithful hands while in his employ, it being understood and agreed that this contract is subject to the provisions of said code by which all parties hereto agree to be governed.

W. E. SCANLAN.

SUSAN BANKS and child.

MILLY TUCKER.

JANE HICKS.

MAEGARET INGRAHAM.

CHARLEY GREAR.

ANNA GIBBS and children.

LAURA GIBBS.

MARIA GIBBS.

RACHEL GIBBS.

AMANDA TAYLOR.

HENEY TAYLOE, Maryland.

NED NORRIS.

COLEDONA MALONE.

FRANCES JULLIGAN and child.

ABBY NANCE.

LAURA HODGE.

CATHARINE MALONE.

EMMA HOLMES.

ELIJAH POTTS.

JOHN LEWIS MALONE, Junistown, Tenn.

NANCY JOHNSON and child.

TILDA JOHNSON.

HENRY NANCE. Rolly Spring, near Huntsville, Alabama.

In presence of—

John Phillips, Lieutenant Colonel,

Acting Sup’t Freedmen, West Tennessee.

November, 1864.

Permission is given to convey and land the within named employés as per the permits and documents accompanying this,

J. N. SIMONDS, Inspector of Customs and Clearance Office for the Port of Memphis.