The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1866-06-30
The whitne.ey Court Martial-rhe Charges

Specifications and Answers.
The following are the charges and specifca-
lions preferred against brevet Brig.-Gen.
Eliphalet Whitt,esey, Colonel 46th Regiment
United States Colored Troops:
CHARGE FIRsT.-Conduct to the preju-
dice OF good order and military discipline.
Specification FSrst.-In this that he, Brevet
Brig Gen. E. Whittlesey, Colonel 46th hegt.,
u. s. G. T., Assistant Commissioner OF the
Bureau OF Refugees and Freedmen and Aban-
doned Lands OF the State OF North Carolina,
while employed and acting as such Assistant
Commissioner at Raleigh, in the State of N orth
Carolina, did become pecuniarlly interested as
an equal producer in the cultivation of plan
taton situated in Pitt County, North Carroll
ma, with one Horace Dawes OF Massachusetts,
and one Winthrop Tappan Of Maine, upon
which said plantation were used and employ
ed large number of freedmen, to wit: about
l4O then being under his, the said Whittlesey's
charge, and in his care as Assistant Commis-
sioner aforesaid, he, the said Whittlesey, there
by becoming interested for his own private
profit and emolument in the labor OF said
freedmen employed on said plantation, in dero-
cation of his official duty as such Commission
er.
y All this at Raleigh, North Carolina, on or
about the LIST day OF January.
Specification Sec0nd.-In this that he,
Brevet Brig.-Gen. Eliphaet Whittlesey, Col
onel OF 46th Regiment United States colored
troops, Assistant Commissioner OF the Bureau
Refugees, Freedmen and abandoned Lands OF
the State OF North Carolina while employed
and acting as such Assistant Commissioner at
Raleigh, North Carolina, and as such bound
to secure and protect the welfare, health, limbs
and lives OF the Freedmen OF the said State;
and to cause to be punished offenders against
the same upon his having received report
from his subordinate, Capt. Frank A. Seely,
Superintendent of the said Bureau of the
Eastern District of North Carolina, that GER
tain Freedman, whose name is Lot known,
but who was employed on plantation work.
ed by ole Horace James and others in Pitt
county, North Carolina, and in the cultivation,
OF which, he, the said Whittlesey, was person.
ally interested, had, without just cause or
provocation, been shot at with loaded gun
by one David Boyden, a clerk employed by
said james, to the great hazard of his lite, and
that he, the said Freedman, was missing and
probaly been killed by said shooting did, not
withstanding such information, utterly fail
and neglect to use any endeavor or direct any
effort tor the investigation of the correctness
of said report or for holding the said David
Boyden answerable for the said shooting and
had probably killing of said freedman, but did
CduoC tLC odiQ ICpOLt UC iCtutECO w Vic
said Capt. Frank A. Seeley, Superintendent
as aforesaid, with an official endorsement
thereon In words and figures following to wit:
RALEIGH, N. c., March %, 1866
Respectfully returned, as the affair seems to have
occurred at night aud as the booy Of the negro has
that the shot took effect, further action in the
case seems to be called ior.
BY order of Colonel Whittlesey,
Assist. CON- BEECHER, Adj. Gen.
R1y roocou IF which, octinp o,,d ;pdorc
so returned as aforesaid, the matter OF the
said shooting failed to be properly investigat-
ed, and the said David Boyden failed to be
held to answer for the same, and such injury
as may have been Inflicted upon said freed
man remain unredressed aud unpunished
All this at Raleigh, North Carolina, on or
about the 18th day OF March, 1866.
CHARGE SECOND Conduct unbecoming
an officer and gentleman.
Speci featSon.--ln this, that he. Brevet Brig.
Gen. Enphalet Whittiesey, Colonel 10th Regi-
ment United States Colored Troops, Assistant
Commissioner Of the Bureau OF Refugees,
Freedmen and Abandoned Lands, of the State
of North Carolina, being, on or about the 23d
day oil April, 1868, at Raleigh, North Carroll
ma, called upon by Major-Gen. James B.
Stedman and Brevet Brig Gen. j. S. Fullerton,
United States Volunteers, a Committee of In
quiry appointed by order OF the President of
1AO OuloCu OtdIcS, 10 Inspect anu report up
on the Freedmen's Bureau in the Military
Department of Virginia, North Carolina, &c,
and Intercepted by said Committee as fol-
lows: r
"Do you know any person in this military
service now on duty with the Freedmen's Blu
reau in this Department who is, or has been
since entering upon the duties of his office,
engaged or interested, either directly or indi-
rectly, in the cultivation of any lands in the
Department. did then and there answer
MOI whereas, in truth and in fact, he, the
said Whittlesey, Assistant-C Commissioner, as
aforesaid. was, at said time, and for several
months previously had been himself PERSONAL
ly pecuniarily interested in che business OF
working and cultIvating a plantation requir-
ing and employing the labor OF Freed men in
connection with one Horace James, of Massa-
chusetts, and one Winthrop Tappan, OF Maine,
situated in Pitt County, North Carolina; he
the said Whittlesey, thus knowingly prevari-
eating and making a false statement to the
said Committee. a
All this at Raleigh, North Carolina on or
about the Esd day OF April, 1866.
By order, JOHN Ell. WATRoUs,
Captain 103 U. S. C. Infantry,
Judge Advocate.
Witnesses