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[[preprinted]] 58 [[/preprinted]] 135 Bureau of Refugees, Freedmen &c. Hd. Qrs. Asst. Commissioner Raleigh N.C. Sept. 25" 1865 Fullerton Brig. Genl. A. A. Genl. 132/ Sir I enclose a letter of Mr. Mason which states clearly the case in question. Your decision in this particular case will settle a general principle. In any orders restoring property I have no given the claimant immediate possession, but possession on the expiration of the lease under which the property is now held. Under this order I collect the rent until the expiration of the Lease. In a few extreme cases of destitution I have transferred the lease to the owner, without interfering with the rights of the Lessee. Now the question is should this be done in all cases? E.G.A. farm is leased from Jany. 1" 1865, to Jany. 1" 1866. It is ordered restored Oct. 1" 1865. Shall the owner be entitled to collect the rent for the last 3 months? or what is the same thing must 1/4 of the Annual rent be paid to the owner. I hope to receive your ruling on this point at once, as several similar cases are pending. Very Respectfully E. Whittlesey Col. and Asst. Commissioner P.S. - I find that the Muster out of colored troops takes just half of my Asst. Supts. [[line across page]] 136 Bureau of Refugees, Freedmen &c. Hd. Qrs. Asst. Commissioner Raleigh N.C. Sept. 28" 1865 Cilley Col. C.A. A. A. Genl. 131/145 Sir In accordance with G.O. 102 A.G.O. War Dept. May 31" 1865, I have the honor to request that the following named officer be detailed for duty in this Bureau and ordered to report at these Hd. Qrs. for assignment. E. Hort 2" Lieut. 30" U.S.C.T. Very Respectfully E. Whittlesey [[line across page]] [[end page]] [[start page]] [[preprinted]] 59 [[/preprinted]] 137 Bureau of Refugees, Freedmen &c. Hd. Qrs. Asst. Commissioner Raleigh N.C. Sept. 31" 1865 James Capt. 133/139 Sir I only desire to keep the Bureau safe from litigation & costs. My orders restoring property read "At such time as the Lease under which the said property is now held shall expire." If the Lease expires at the end of the month the owner has a right to take possession at that time. The [[underlined]] occupancy [[underlined]] then lies between the owner and the occupant to settle. If the Lessee refuses to vacate, the owner can eject him by process of law. We have nothing more to do with it. We have surrendered all our interest and control. If however the Lease gives to the Lessee the right to "a months action", we must defend that right. I am not aware that such are the terms of the Lease in any case. When a man leases property by the month, whether he pays in advance or not he knows that at the end of the month (any month) his right to hold that property ceases. The Lease must be renewed in order to give him such right. Unless therefore the terms of the Lease expressly state that the Lessee is entitled to a "Months notice", such notice is a renewal of the Lease virtually. Such virtual renewal after the property is ordered restored may subject us to trouble. In the case of farms we hold the property till the end of the year (if the Lease so runs) and collect the rent. But we may be obliged to pay rent to the owners from the time their property was ordered restored, and perhaps from the date of their taking the Amnesty Oath. We will not however do this without orders from Genl. Howard. Property needed by Military Authorities, or by this Bureau which is a part of the War Dept. can be retained of course. The country is still under Martial Law. The Army has a right to seize and use all buildings therefore necessary. The owner can claim of the Government a fair compensation. The best way for us is to make arrangements with the owner and pay the rents out of our own funds. Very Respectfully E. Whittlesey Col. and Asst. Commissioner J.31 [[line across page]]
Transcription Notes:
The Asst. Commissioner's name is Col. Eliphalet (Eli) Whittlesey. The name was incorrectly transcribed on the example page. This has been corrected.
