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[[preprinted]] 104 [[/preprinted]] 236 Bureau of Refugees, Freedmen &c Hd. Qr. Asst. Commissioner Raleigh N.C. April 5", 1866. Brown John E. Esq. Solicitor &c. Sir, In reply to your communication of the 4" inst. I have the honor to enclose my Circular No.1. Current series which I believe is sufficiently explicit. Some of the Courts have revived the old practice of public whipping. It was hoped that another form of punishment would be adopted, rather than that, which is regarded by the freedmen as a relic of slavery. I have reported the cases of whipping to Genl. Howard and am awaiting his instructions. Until official interpretation is given of recent legislation, it will be impossible for Military Authorities to yield any further jurisdiction to the Civil Courts, than that indicated in my Circular. Should it be decided that freedmen are restored to Common Law rights, I see no reason why all cases may not be tried by Civil Courts. Very Respectfully E. Whittlesey Asst. Commissioner See L.R.-B.94. [[line across page]] 237 Bureau of Refugees, Freedmen &c Hd. Qr. Asst. Commissioner Raleigh N.C. April 5", 1866. Fowle Dan'l G. Esq. Judge Sup. Court of Law 235/242 Sir, Your communication of the 4" inst. is received. By again reverting to my letter you will perceive that I made no complaint that any Civil Court had made "unjust discrimination against the negro race in its adjudications". My statement was that under existing orders requiring certain white criminals to be tried by Mil. Com. & permitting certain colored criminals to be tried by Civil Courts, the "[[underlined]] result [[/underlined]] would be unjust discrimination &c." since no U.S. Court can punish by whipping. I said nothing about the comparative severity of different modes of punishment. You say further that "if white men arrested by the Freedmens Bureau and held for trial before Courts of Mil. Commission for Larceny are not as severely punished as negroes before the Courts of justice in North Carolina, the injustice can be removed by yielding to our Courts the exclusive jurisdiction in all such cases." I am happy to avail myself of the occasion which this remark furnishes to ask if in your opinion the Civil Courts can receive the testimony of Colored Witnesses against white men accused of Larceny or other Crimes. If by the recent legislation negroes are restored to Common Law rights, and no distinction will hereafter be made on account of race or color, the Chief difficulty in the way of "yielding the exclusive jurisdiction" is in any judgement removed. Very Respectfully E. Whittlesey Asst. Commissioner See L.R. F.23. [[end page]] [[start page]] [[preprinted]] 105 [[/preprinted]] 238 Bureau of Refugees, Freedmen &c Hd. Qr. Asst. Commissioner Raleigh N.C. April 5", 1866. Campbell Col. J.A. A.A. Genl. Dept. N.C. 226/255 Col. In accordance with verbal instructions from the Maj. Genl. Comdg. the Dept. I have the honor to report that for the efficient working of this Bureau the following detachments will be ample for the Districts [[?needs]] 1 Sergeant, 2 Corporals and 8 men at Salisbury - Western Dist. Bvt. Col. C.A. Cilley Supt. 2 Non-Comd officers [[ditto for and]] 6 [[dittos for men at]] Charlotte [[ditto for Western Dist. Bvt. Col. C.A. Cilley Supt.]] 2 [[dittos for Non-Comd officers and]] 6 [[dittos for men at]] Greensboro [[ditto for Western Dist. Bvt. Col. C.A. Cilley Supt.]] 1 [[dittos for Non-Comd officers and]] 3 [[dittos for men at]] Morganton [[ditto for Western Dist. Bvt. Col. C.A. Cilley Supt.]] Eastern District Capt. F.A. Seely Supt. 1 Non Comd. officer and 6 men at Washington - Lieut. A. Coats Asst. Supt. 1 [[dittos for Non Comd. officer and]] 6 [[dittos for men at]] Williamston - [[ditto for Lieut.]] Chas. W. Dodge [[dittos for Asst. Supt.]] 1 [[dittos for Non Comd. officer and]] 6 [[dittos for men at]] Winton - [[ditto for Lieut.]] Geo. S. Hawley [[dittos for Asst. Supt.]] 1 [[dittos for Non Comd. officer and]] 6 [[dittos for men at]] Kinston. No officer now on duty at this post but one will be assigned very soon. Should the force now stationed at Elizabeth City be removed, a few men will be needed at that point. From the Central & Southern Districts I have received no requests for such assistance. Very Respectfully E. Whittlesey Asst. Commissioner See L.R.-C.103 & S.122 [[line across page]] 239 Bureau of Refugees, Freedmen &c Hd. Qr. Asst. Commissioner Raleigh N.C. April 6", 1866. Jernigan L.R. Esq. /274 Sir; Lieut. Hawley has not yet reported upon the case of Wright. I will send to you a copy of his report as soon as received. My earnest desire is to teach the freedmen that a contract voluntarily made is sacred. The loss of a years pay even, is a less evil that the loss of moral rectitude. Very Respectfully E. Whittlesey Asst. Commissioner See L.R.-J.67. [[line across page]]
