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[[preprinted]] 68 [[/preprinted]] 156 Bureau of Refugees, Freedmen &c Hd. Qr. Asst. Commissioner Raleigh N.C Oct. 27" 1865 Woodhull Col. A.A.G 149/157 Col. By the decision of Genl. Howard dated Sept. 29" 1865 "parties whose property has been restored, are entitled to all accruing rents, in cases falling under Par.V." (Cir.15.) Nearly all owners of farms and plantations leased by the Bureau, are now making application for rents under this decision. They claim that their property never was "Abandoned", and that they are entitled to the entire years rents, which being payable [[underline]] in kind [[/underline]] (viz. 1/4 the crop) "accrue" subsequent to the date of restoration. I have not in any instance yielded to this demand, on the grounds of its not "appearing satisfactorily" to me that the said property was not Abandoned. The presumption is that all who voluntarily re-married within the rebel lines till the close of the War were "engaged in arms or otherwise in aiding or encouraging the rebellion." It is, I suppose, on this presumption that all are required to take the Oath of Amnesty. No affidavits are sufficient to rebut this presumption. It is a difficult thing to prove a negative, which these applicants must do, if the burden of proof is thrown upon them. On the other hand, if I am obliged by Par.V. Cir.15. to prove the loyalty of all these applicants or their disloyalty before taking the Oath, I shall need the power to summon witnesses and must incur very large expenses. I see therefore no other course to take than to adhere to the position that all were disloyal up to the date of Pardon, and refer all applicants for rents back of that date to the Court of Claims at Washington. I shall not act upon any case till after Genl. Howard returns when I hope this whole vexatious subject will be carefully reconsidered, the letters of Sept. 29" and Oct. 10" revoked, and clear instructions issued. Very Respectfully E. Whittlesey Col. and Asst. Commissioner [[end page]] [[start page]] [[preprinted]] 69 [[/preprinted]] 157 Bureau of Refugees, Freedmen &c Hd. Qr. Asst. Commissioner Raleigh N.C Oct. 30" 1865 Woodhull Col. Max A.A.G 156/162 A large amount of damaged clothing has been turned over to this Bureau, and receipted for by Capt. James as Quartermasters property. How can it be expended? Will you order me to sell, or give away the property to destitute freedmen at my discretion. It is much needed, and needed at once. Had it been [[underlined]] given [[/underlined]] to the Bureau, there would have been no doubt in my mind as to the disposition of it. But as Capt. James was obliged to receipt for it, I suppose he must account for it to the Q.M. Dept. How to make immediate use of the clothing, and yet keep accounts right with the Dept. is the difficulty with me. Much of it might be sold at low prices. But some ought to be distributed gratuitously. [[Footnote 1]] Very Respectfully E. Whittlesey Col. and Asst. Commissioner [[Footnote 1]] See LK. W. 80. [[line across page]] 158 Bureau of Refugees, Freedmen &c Hd. Qr. Asst. Commissioner Raleigh N.C Oct. 30" 1865 Barnitt Capt. J.C. Asst. Supt. &c. 118/223 Sir The case to which you call my attention is one of much interest, and I think can be easily settled. There is no law for binding out children for any less than the whole period of "infancy". The instrument is therefore illegal and fraudulent. Further if there be proof that the agreement was forced upon the parents by threats of hard usage, you can require the parties to annul it. There is no officer in Amon Co. and I will leave the case in your hands to settle according to the best of your ability. Very Respectfully E. Whittlesey Col. and Asst. Commissioner
Transcription Notes:
*Please keep an eye out for the spelling of Whittlerey. We collectively misread it as "Whittlesey" for the initial spurt of this project, so it's now an easy error to miss in review.
I don't think this is correct. I think it is a typo on the Instructions. It is Whittlesey. Do a Google Search and see his name in numerous other publications. I have contacted the organisation to request clarification. @kdownunder
**The Asst. Commissioner's name is Col. Eliphalet (Eli) Whittlesey. The name was incorrectly transcribed on the example page. This has been corrected.
