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[[preprinted]] 60 [[/preprinted]] 138 Bureau of Refugees, Freedman &c Hd. Qrs. Asst. Commissioner Raleigh N.C. Sept. 21" 1865. Randolph Mr. 104/ Dear Sir I have appointed Capt. J. C. Mann A.Q.M Asst. financial Agent of the Bureau and Maj. Wickersham Supt. of the Southern District. Circular No. 15, requires that applications for property go through the Supt. hands. Maj. W.- will therefore relieve you of the burden of examining and forwarding such papers. He and Capt. Mann will be in constant consultation with you. The latter will report to Capt. Seely whom I have just appointed Financial Agent to relieve Capt. James. Yours truly E. Whittlesey Col. and Asst. Commissioner [[line across page]] 139 Bureau of Refugees, Freedman &c. Hd. Qrs. Asst. Commissioner Raleigh N. C. Oct. 21" 1865. James Capt. 137/ I am quite in the dark about our prospects. I made application long ago to have the Washington & Bond farms "set apart for the use of freedmen", and there the matter rests. If you and Capt. Seely will send me a description of lands "which clearly fall under the control of this Bureau" (See Cir. 15. Par. VII.) I will forward it to Genl. Howard for his approval. But I fear we shall not get any action, for the reason that the U.S. Govt. has no title to these lands. The Presidents pardon may at any time take them out of our control. I would not encourage men to build on land which they are not sure of holding. Yours truly E. Whittlesey Col. and Asst. Commissioner J.41 [[end page]] [[start page]] [[preprinted]] 61 [[/preprinted] 140 Bureau of Refugees, Freedmen &c. Hd. Qrs. Asst. Commissioner Raleigh N.C. Oct. 3" 1865 Mann Capt. J. C. A.Q.M. /151 Mr. Poisson has enquired for the property of Miss (Mrs) Mary Toomer. The application was forwarded Aug. 2" to Washington with recommendation that the property be restored. We have not heard from it since. If another application in compliance with conditions prescribed in Circular No. 15, can be forwarded to me, the case may be settled at once. Mr. Randolph on his return from S.C. will turn over to you the records, and entire business connected with "Abandoned Lands". It should have been in your hands before, but I was absent when you reported here. Respectfully E. Whittlesey Col. and Asst. Commissioner [[line across page]] 161 Bureau of Refugees, Freedmen &c. Hd. Qrs. Asst. Commissioner Raleigh N. C. Oct. 4" 1865 Harvard Genl. 123/169 Your letter of instruction respecting rents &c dated Sept 29" is received. It does not reach all cases that come under my control. The last clause reads "Control of the Bureau over any property will be relinquished from the date of the order of restoration." Does this apply to "farms" rented by the year for one fourth of the product? The crops are now coming in, cotton, turpentine &c. Shall we receive and sell no more? And turn over to the owners the whole business of collecting this kind of rent. Or shall we continue to receive our fourth of farm products; and then at the end of the year pay over to the owners of the farms their share of the proceeds? Again, what will be the owners share? Shall it be equal to the fractional part of the year subsequent to the pardon of the claimant? If so shall any deductions be made for expense of managing the farm, and collecting the rent? If not, the Govt. has borne all the expense of taking care of property for rebels, and has acted as their agent and for their benefit. In the towns and immediate vicinity such property has increased in value fourfold, and we are to pay them for the privilege of making them rich. Another clause of the letter of instructions reads "to all rents [[underlined]] accruing subsequent [[/underlined]] to the pardon of the claimant". The meaning of this phrase is not clear. In the case of property rented "by the year", or for a year, the rent may not "accrue" i.e. become due till the end of the year. when therefore the entire years rent is collected, must it all go to the owner? or only such fractional part as shall equal the fractional part of the year subsequent to the pardon of the owner? I think the latter is the [[underlined]] intent [[/underlined]] of the phrase, but the former would be the legal interpretation of it. You would readily pardon my anxiety for definite instructions
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.
