Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1866-03-22
: BUREAU Il. +. AND A. l.. N
Wilmington, n. c., March 10.

y "A lJ.,HI
ID u ' Wilmington, N. c., March 49,
To lie Editor Of tie Wilmington Herald:
] desirre to correct, through your columns, what
may be erroneous Impressions arising from the
interference by the freedmen's bureau with the
execution of the sentence of public whipping up
on some freedmen on Saturday last.
The following is briefly the account of the mat
ter as ] understand it
& On the 9th ult. I receiveda communication
from q committee appointed by the Court Of
Pleas and Quarter Sessions requesting further in
formation upon the question of jurisdiction in
cases of breach of criminal law by freedmen
Some time thereafter, addressed reply to the
communication of the committee, enclosing copy
of circular No. /, from the assistant commissioner
for the State, of Feb. 16, 1866
This circular states that in such cases ''no oh
lection will be made to trial by civil courts the
testimony of colored witnesses being by law adj
mitted py0oided that punishments for crime arc
necessarily the same for whites and blacks"
Upon this information the court, at its session,
last week, proceeded to try such cases, convicted
several colored prisoners and ordered punishment
by public whipping. .....
Before this punishment was inflicted, on Satur-
day, w. A. Wright, Esq, presiding member Of
the court called upon me and asked if | had any
means to take these punishments into my own
hands, and thereby, as L understood him, save the
necessity of whipping. replied frankly that
had no available means of punishment, as the
force at my command was not sufficient to afford
guards
It was also mentioned that Circular No gave
the court authority, and knew no order prevent
ing it, and other conversation to the same gene
raj effect. was very busy, and gave the matter
not so much thought it probably demanded.
AS was returning from dinner and passing the
court house, saw excited crowd of cOlOred
persons, and was called by Major Wicllersham.
who informed me he about to stop the whip
ping then going on He meanwhile sent two
Orderies armed soldiers, L beeve), to direct the
sheriff to delay the whipping until the matter
could be investi gated, and went into the majors
office. The orderlies returned for written orders.
and the major wrote out hastily paper which
understood to be the same as the verbal orders
that he was informed colored persons were being
whipped who were not allowed colored evidence
This complaint was made to the mai r, and re
ceived his attention, just all complaints do. He
did not order the arrest of the sheriff. but direct
ed the whipping to be suspended until he could
investigate the case
Major Wickersham knew nothing, or very little
of my communication to the Court, and nothing
of the conversation with Judge Wright The cor
respondence was during his absence.
Dec 26, 1868, Ma or Wickersham addressed a
communication to Col Whittlesey, Asst Commits
siOncr at Raleigh, upon this subject, and had re
ceivcd i'll reply this endorsement:
BUREAU REFUGEES FREEDMEN &c,
HEADQUARTERS ASST. COMMISSIONER
RALEIGH, n. Co. January 2, 1866.
Southern District. Whipping, and letting binding
serytudc, are regarded parts of the Old slave codes
BY command Of Col. Whittlcscy Asst. Con'r.
(SiGned) FRED ii. BEECHEE
Lieutenant and A. \. \. G.
The Major was, ut that time, Superintendent
and this order unknown to me until shown to
Mr.. Wright and myself Saturday, L. NJ This
endorsement and the complaint before stated.
governed tho Major, and he deemed it, las should
have done i'll his place., his duty to inquire into
the matter.
1t was unfortunate that the orderlics had to pass
INTO OF through the Court room, but this not
contemplated, and WAS not intended to interfere
with the operations of the Court.
Immediately addressed u respectful communi-
cation to the honorable Court, through Mr.
Wright It's presiding officer, enclosing copy Of
the foregoing endorsement, and requested a sus-
pension of such punishment until l could receive
dispatches from Raleigh. For those l wrote i'm
and now await them. / regard the
whole matter us unfortunate, but unavoidable,
and defenslble under the circumstances. and have
cheerfuly to say, as [ did to them, that my action
is not taken as questioning the pure motives which
AM sure, govern the honorable Court.
WIN. H. II. BEADLE,
Brevct 1t. Col and Superintendent.