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135 By order of Major General Wager Swayne O.D. Kinsman A.A. Genl. Head Quarters Dist of Alabama Montgomery August 7, 1866 134/139 Nininger Bvt Lt Col A.R. A.A.G. Dept of the South Macon Ga Colonel Your letter of the 4th Inst. in reference to a communication from AJ Lature referred to these Head Quarters on the 5th Ult is received. In reply I have the honor to state that the communication was on the 7th Ult referred to Bvt Col J.B. Callis Supt at Huntsville for investigation and report. The attention of Col Callis has been called to the fact of such report not having been received. Very Respectfully Your Obdt Servant C Cadle Jr Bvt Col & A.A. Genl. The Maj Genl. Comdg being absent. Head Quarters Dist of Alabama Montgomery August 8th 1866 /244 Gardner S.S. Asst Supt Selma Ala Sir I have the honor to acknowledge the receipt of your communication of the 4th inst. I have forwarded it to Genl Howard with a full statement of all the circumstances. We can do nothing in ourselves to prevent the action of the Dist Attorney and Marshal. I wish you would make up a list of the freedmen occupying this land with date of first occupancy, amount of land used and amount of rent paid by each and forward such report to me as soon as practicable. (over) 137 Very Respectfully Your Obdt Servant C Cadle Jr Bvt Col & A.A.G. Head Quarters District of Alabama Montgomery August 8th 1866 110/157 Howard Maj Gen. O.O. Commissioner &c Washington D.C. General I have the honor to submit a communication of S.S. Gardner Asst Supt at Selma. The land referred to within was the property of the late Rebel Government, and transferred to the Bureau by Agents of the Treasury Dept. under the Executive order of Nov 11, 1865. Upon the land being so transferred it was leased at nominal rates in small lots to respectable freedmen who owing to the prejudices of the people were unable to lease land elsewhere. They were promised the privileges of purchasing these lots as soon as a regular title could be given them, it being supposed at this Office that there was no doubt but what the Bureau had such right to dispose of the property. They have erected thereon comfortable houses and have until this time supposed that they would eventually own the property. The United States District Attorney has declared that no right exists in the Bureau to make such arrangements or even to dispose of any property personal or otherwise that belonged to the late Rebel Government. Unless some action is at once taken these Freedmen will be dispossed [[dispossessed]] of their comfortable houses and subjected to the loss of all improvements made on these lots. Mr. Gardner refers to the provision of the agreement made with Mr. Shepard. "The whole tract of land referred to consists of 20.4 acres of which 7.72 acres was set apart for Freedmen. The rest was provisionally sold to Mr. OK Shepard with the understanding that he could have the 7.72 acres provided he would furnish other land equally good, obtain the consent of the Freedmen for their removal and pay the expence of such removal. over
