Title: J. Hubley Ashton to James C. Kennedy, 2 May 1867
Date: May 2, 1867
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.00210
Contributors to digital file: Elizabeth Lorang, Kevin McMullen, John Schwaninger, and Nima Najafi Kianfar
May 2, 1867.
James C. Kennedy, Esq.
Washington, D. C.
Your letter of yesterday has been received. This Office is not advised of the character & condition of the litigation to which you refer, & cannot undertake to give any instructions relative to the suit against the Trustees of Bayne & Co., mentioned in the letter of the Secretary of the Treasury.
If such suit is to be brought by the United States, none other than the law officer of the particular District has authority to institute it; but the Secretary of the Treasury may associate with him, in the trial of the cause, such special counsel as he may choose to employ.
If the District Attorney for Baltimore desires any instructions relative to the proposed litigation, it will be his duty to communicate directly with this Office.
If you consult the Secretary of the Treasury, he will doubtless address the Attorney General on the subject of this case, & state the particular instructions which he may desire to be sent to the District Attorney at Baltimore.
It is manifestly proper that the Secretary of the Treasury should consider the subject-matter of your letter.
The letters accompanying your communication are herewith returned.
Respectfully, &c. yours,
J. Hubley Ashton,
Assistant Attorney Gen'l.