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224

Bureau of Refugees, Freedmen &c
Hd. Qr. Asst. Commissioner
Raleigh N.C. March 23" 1866.

Howard  Maj. Genl. O.O.
Commissioner &c.

General:

Your letter of the 20" is received, & I hasten to reply that I have consulted with Gen. Ruger upon the subject, & he agrees with me that my Circular No.1. Feb. 16", 1866, is as far as is safe to go at present.
It is true that the late act of the Legislature, repeals all previous acts upon the subject of negro testimony, and then makes this last act inoperative, - thus throwing back the whole matter upon common law, which makes no distinction whatever.  This is the literal interpretation of the law, and this I think would be the ruling of the Supreme Court.  [[underlined]] But [[underlined]] the Judges, (Municipal & others) do not so interpret it.  They say such was not the [[underlined]] intention [[/underlined]] of the Legislature.  The intention was to leave matters just as they were.
In this connection I may add that under my Circular No.1. several cases of petty Larceny have been tried by Civil Courts, and the old barbarous punishment of whipping been inflicted.  I have brought the matter before the Dept. Comdr and am awaiting his action.
I am satisfied that the negro has very little chance of getting his due before the Civil Courts of N.C. at present.  Still it is desirable to transfer jurisdiction to them as soon as practicable.  I may be rather slow, but would rather take time, than be obliged to retrace my steps.

Very Respectfully
E. Whittlesey
Col. and Asst. Commissioner

P.S. - I have in print a Circular on the subject of marriage, copies of which will be forwarded soon.
E.W.

See L.R. - W.157.-

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225

Bureau of Refugees, Freedmen &c
Hd. Qr. Asst. Commissioner
Raleigh N.C. March 24" 1866.

Campbell  J.A. Col.
A.A.G.
194/226

Col.

Respecting Rev. James Sinclair I have the honor to report, that on his personal application, with letters endorsing his character, I appointed him an Agent of this Bureau in Robinson Co.
I soon found him to be an unsuitable person;  greatly exceeding his authority, creating much excitement and difficulty, and I at once relieved him by sending an officer to that district.
I know nothing of any conspiracy against his life, but if such exists, he is of course entitled to protection.  I am not conscious of any prejudice against him, & should be sorry to see him treated with injustice or cruelty.

Very Respectfully
E. Whittlesey
Asst. Commissioner

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226

Bureau of Refugees, Freedmen &c
Hd. Qr. Asst. Commissioner
Raleigh N.C. March 26" 1866.

Campbell  Col. J.A.
A.A.G.
225/238

Col.

I have the honor to acknowledge receipt of your note respecting Roanoke Island.  I am happy to state that since my visit to that point the movement of freedmen from the Island has begun.  A cargo was landed at Edenton and soon dispersed into the country.
I hope to stop the issue of rations there as early as the 1" of May.

Very Respectfully
E. Whittlesey
Asst. Commissioner

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