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Bureau of Refugees, Freedmen &c.
Head Qrs. Asst. Com'r N.C.
Raleigh N.C.  Aug. 17" 1866

Worth  Johnathan
His Excellency Gov.

Governor

As I had the honor of explaining to you in a late interview, my reply to your communication of the 6th inst, has been necessarily delayed, awaiting the report of Captain Hodge, Asst. Supt. at Fayetteville, in the case of Smith vs: Bryan.  That report is now at hand.
In relation to the first two points in Bryan's affidavit to which you call my attention, I will try to state clearly the principles which have governed me, in any order given from these Head Quarters in this matter, and which I presume also decided the action of Captain Hodge.
It is considered that a decision made by the Asst. Commissioner of a state, in any case properly brought before him, is final, so far as any other authority within the State is concerned; that there can be no appeal from it, except to the proper Authorities at Washington, and that it cannot be interfered with, except by them.  Were it otherwise, as the parties who obtained the writ of Replevin in this case, seem to understand, any decision made by an officer of this Bureau, even as in this instance, under the positive order of the Assistant Commissioner, might be regarded as the decision of an inferior court of Law, carried to the Superior or Supreme Court of the State, reversed and rendered of no effect.
Apart from the impropriety of thus mingling the two jurisdictions, civil and military, it is plain that endless confusion might result, as every decision by which either party to the case, thought himself aggrieved, would doubtless be appealed from; thus not only the work already accomplished by the Bureau, might possibly be undone, but its subsequent work impeded if not altogether stopped.
With these views, the case in question, having been brought to the notice of the officer of the Bureau, before the publication of General Orders No 3, from these Head Quarters, your Excellency will perceive, that it will be impossible for me to reverse the decision of Captain Hodge, in maintaining the title of the plaintiff, Smith, to the meare in dispute, and in securing him possession of it.
In regard to the third point suggested by you, I believe

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I have already assured your Excellency that the action of Captain Hodge in assessing costs was irregular.  He has been ordered to release any property seized by him to secure said costs.
All cases of this nature having now been turned over to the civil courts, I beg leave assure your Excellency of my hope that all parties, will have reason to be satisfied, with the administration of the laws, by the judicial authorities of the State.

I am, your Excellency
Very Respectfully
Your Obdt Servt
Jno C Robinson
Bvt. Maj. General.

Official
Clinton A Cilley
A.A. Genl.

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Bureau of Refugees, Freedmen &c.
Head Qrs. Asst. Commissioner N.C.
Raleigh N.C.  Aug. 17" 1866

Hodge  Justin Capt. and Asst. Supt.

Captain

I am directed by the Asst. Commissioner to inform you, that your action in the case of Smith vs. Bryan, so far as relates to maintaining Smith's title to the Mare, and enforcing his title thereto, meets his approval.
The property seized, to secure the costs of maintenance of the soldiers, will be released, and the account for the necessary expense incurred, forwarded to this office for approval.

Very Respectfully
Your Obdt Servt
Clinton A Cilley
A.A. Genl.

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Transcription Notes:
definition of "meare" = boundary