Title: Henry Stanbery to Hugh McCulloch, 25 September 1866
Date: September 25,1866
Source: Transcribed from digital images or a microfilm reproduction of the original item. For a description of the editorial rationale behind our treatment of the correspondence, see our statement of editorial policy.
Location: National Archives and Records Administration
Whitman Archive ID: nar.00106
Contributors to digital file: Elizabeth Lorang, Kevin McMullen, John Schwaninger, and Nima Najafi Kianfar
Sept. 25, 1866
Hon. Hugh McCulloch,
Secretary of the Treasury,
I have received yours of the 10th, enclosing a copy of an opinion, delivered by Judge Hawkins, of Tennessee, holding so much of the Internal Revenue Act of June 30, 1864, as imposes a stamp tax upon Writs, & other original process issued by State Courts to be unconstitutional.
Upon a careful consideration of this opinion, I adhere to the position expressed in my letter to you of September 1st, that this portion of the Act is valid & constitutional.
It would be a useless waste of time to go at large into this question, as there is only one course by which it can be set at rest, & this is, by instituting prosecution, as I have advised in my former letter.
I have the honor, &c.