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[[preprinted]] 474 [[/preprinted]] [[Footnote 1]] Balance in Treasury as for last report. $11188.86 receipts for rents &c. [[underlined]] 1254.75 [[/underlined]] [[subtotal]] $12443.61 Expenditures [[underlined]] 3353.90 [[/underlined]] Balance $9089.71 Very Respectfully, E. Whittlesey Col. and Asst. Commissioner. [[Footnote 1]] Howard [[line]] Bureau Refugees, Freedmen &c Hd. Qrs. Asst. Commissioner &c Raleigh N.C. April 10th 1866 Howard Maj. Genl. O.O. Commissioner &c General, I have the honor to present my report for the Quarter ending March 31st 1866. But few changes have been made in the operations of the Bureau in this Department. The number of destitute freedmen dependent upon the Government has been gradually reduced, and it is hoped that by the end of another Quarter, the necessity for the gratuitous issue of rations and clothing will have ceased entirely. The demand for labor continues unabated, and is far great than the supply. Many planters in the South Western States have applied to me for help, and some have engaged parties in this state to return with them. The inquiry is no longer heard "what can be done with the negroes?" But we often have the question, "where can I find laborers?" Notwithstanding this urgent demand, we will have large colonies of freedmen at Roanoke Island, and New Berne who are not earning their support. I announced to the people on the Island in a public Assembly, that their supplies would be cut off as early as May 1st, and the result has been the removal of several hundred to various points on the main land. A large number are very unwilling to leave. They fled to the Island as a place of refuge, have been furnished with homes & food & schools. It is natural that they should cling to the place. But inasmuch as it affords them no occupation or means of support, it is manifest that vigorous measures must be taken to effect their removal. Similar steps would have been taken to disperse the paupers collected about New Berne, but for the prevalence of Small-pox in that town. Earnest efforts however have been made to check its progress, and as the warm season advances, it is hoped that this obstacle will not long impede our work. Capt. Seely has already rented a farm upon which he intends to place some of the dependents, & require them to do something towards their own support. A pauper farm is in successful operation in Goldsboro under the direction of Chaplain Geo. O. Glavis Asst. Supt. All who apply for help in that Sub-district are placed upon the farm, and the freedmen's camp has been entirely broken up. [[end page]] [[start page]] [[preprinted]] 475 [[/preprinted]] [[Footnote 1]] Civil Courts having been organized throughout the Department, I deemed it best to transfer to their jurisdiction all cases of breach of criminal law by freedmen, the testimony of colored witnesses being admitted! Cases where white persons were accused of offences against colored, were reserved for trial before Military tribunals. See Circular No.1, Feb. 16, 1866 from these Head-Quarters. Subsequent to the issue of this circular An Act was passed by the Legislature of North Carolina entitled "An Act concerning Negroes & Persons of color or of mixed blood", the ninth Section of which confers upon Negroes the right to testify "in all controversies at law & in equity where the rights of persons or property of persons of color shall be put in issue & would be concluded by the judgement or decree of Court; & also in pleas of the State where the violence, fraud or injury alleged shall be charged to have been done by or to persons of color". It was provided however that this Section shall not go into effect until jurisdiction shall have been fully committed to the civil courts. Having consulted with Geo. Worth and other gentlemen of legal learning I find a difference of opinion as to the import of this act. It repeals all previous disabling Acts, and makes itself imperative by the above proviso. Whether the effect is to restore freedmen to all common law rights, or to leave them in the same position as before, must remain in doubt until some occasion shall be given for a judicial decision of the question. Further what would be regarded as a "full commission of jurisdiction to the Civil Courts" of the State, is not defined. Any order of mine or of the Dept. Comdr. staying further trials by officers of this Bureau or by Military Commissions, might be deemed insufficient, since such orders could be reversed by Superiors. On account of the uncertainty hanging over the whole matter I have not considered it prudent to take any steps at once to transfer jurisdiction entirely to the Civil Courts. As an indication of this uncertainty, I may here present a copy of a recent correspondence between myself, and D.G. Fowle Esq. Judge of the Superior Court of Law, which I find published in the Daily Sentinel of this City. Bureau Refugees, Freedmen &c Raleigh N.C. April 4th 1866. D.G. Fowle, Esq. 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 and other crimes are for the most part reserved for trial by military commission, and 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 Department Commander, or by Maj. Gen. Howard, to both of whom the matter has been referred. [[Footnote 1]] Howard (over)
