In Whitman's Hand

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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



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Sept. 25, 1866

Hon. Hugh McCulloch,

Secretary of the Treasury,

Sir:

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.

Henry Stanbery

Attorney General


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