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[[preprinted]] 102 [[/preprinted]] 227 Bureau of Refugees, Freedmen &c Hd. Qr. Asst. Commissioner Raleigh N.C. March 29" 1866. MacRae D.G. Esq. Sir I am much obliged to you for attending to the duties of the office in Fayetteville. I hope to send an officer to that post very soon. Meantime please to continue to do what you can to prevent any trouble between freedmen & others. [[Footnote 1]] Very Respectfully E. Whittlesey Asst. Commissioner [[Footnote 1]] [[underlined]] Entered before [[/underlined]] [[line across page]] 232 Bureau of Refugees, Freedmen &c Hd. Qr. Asst. Commissioner Raleigh N.C. April 3", 1866. Cilley C.A. Col. Supt. West. Dist. 230/ Colonel, I am directed by the Asst. Commissioner to transmit herewith blank forms for claims of Colored Soldiers, Sailors and their Representatives against the U.S. Govt. and printed instructions for preparing same. Please acknowledge receipt. [[Footnote 1]] I am Sir Very Respectfully Your Obt Servt. Fred H. Beecher 2" Lieut. 3" U.S. Inf. and A.A.A. Genl. [[Footnote 1]] Copy of the same sent to Maj. Wickersham Supt. So. Dist. - Capt. Seely. Supt. East. Dist. and Capt. Almy Supt. Cent. Dist. [[line across page]] 233 Bureau of Refugees, Freedmen &c Hd. Qr. Asst. Commissioner Raleigh N.C. April 3", 1866. Montgomery Thomas A. Esq. Chairman Warren Co. Court. Sir, In reply to your letter of March 31" I enclose a copy of my Circular No.1. current series, which was issued after consultation with Genl. Ruger. In explanation, allow me to say that the word "necessarily" was intended to apply to cases where it is left discretionary with the Court either to imprison or to whip. The intention was to forbid public whippings, as they tend to create bad feeling & to excite a riotous spirit. To avoid such disturbances it is probable that the Department Commander will issue an order on the subject. If that kind of punishment is not resorted to, I think I am safe in assuring you that there will be no disposition on the part of Military Authorities to interfere with the Civil Courts in the prosecution of offenders against State Law. Very Respectfully E. Whittlesey Asst. Commissioner See L.R.M.7.4. [[end page]] [[start page]] [[preprinted]] 103 [[/preprinted]] 234 Bureau of Refugees, Freedmen &c Hd. Qr. Asst. Commissioner Raleigh N.C. April 4", 1866. Howard Maj. Genl. O.O. Commissioner 224/240 General. I have the honor to enclose an explanation of a case of whipping in Wilmington by order of the County Court. I referred the papers to the Dept. Comdr. & requested him to issue an order forbidding the infliction of this barbarous punishment. No such order has been issued. The evil is increasing. A freedman was publicly whipped in this City yesterday for stealing a pair of shoes. Others are before the Courts for various offences. Having no command, I have no power to put a stop to such proceedings. And aside from the cruelty of the practice, and its brutalizing influence upon the community, I very much fear that it will excite combined resistance on the part of the blacks. It is regarded by them as a revival of slavery. It is true that the law makes no distinction on account of color. But in the practical application colored men are publicly whipped, and white men discharged on the payment of a small fine, or giving bonds for future good conduct. I earnestly request that the attention of the Secretary of War be called to this subject as speedily as possible. Very Respectfully E. Whittlesey Asst. Commissioner [[line across page]] 235 Bureau of Refugees, Freedmen &c Hd. Qr. Asst. Commissioner Raleigh N.C. April 4", 1866. Fowle D.G. Esq. /237 Dear Sir I have learned with pain that by decision of the County Court of this County, freedmen have been sentenced to be publicly whipped. As the cases of white men charged with larceny & other crimes are for most part reserved for trial by Military Commission & as no U.S. Court can inflict the punishment of whipping, it is manifest that unjust discrimination against the negro race will be the result. I therefore request that such penalties be suspended, until orders are issued by the Dept. Comd'r. or by Maj. Genl. Howard to both of whom the matter has been referred. Very Respectfully E. Whittlesey Asst. Commissioner See L.R. F 23. [[line across page]]
