John M. Binckley to R. W. Healy, 12 December 1867

December 12, 1867. R. W. Healy, Esq. United States Marshal Montgomery, Ala. Sir: Your letter of the 9th ultimo, addressed to the Solicitor of the Treasury, and that of the 4th instant, addressed to the Attorney General, are before us, touching the disposition proper to be made of funds arising as net proceeds from prosecutions under the confiscation laws—and communicating the fact that demands are made upon you for disbursements in favor of late officers concerned in such prosecutions, of sums in the nature of fees or emoluments, which appear to you to be unwarranted. I have to say, in the first place, that no disbursements will be made by you of the character mentioned in your communication of the 4th instant, nor of kindred character, until otherwise instructed by this office. With regard to the disposition proper to be made of moneys in your hands, as mentioned in your letter of the 9th ultimo. I have to instruct you that it is your duty to pay such moneys into the Treasury of the United States, through the nearest designated public depository. The condemnations from which resulted the proceeds in your hands, were all, doubtless, had under either the Act of 6 August, 1861, (12 Stats. 319,) or the Act of 17 July, 1862, (12 Stats. 589.). The former directs no particular application of proceeds. The latter, however, directs the President to apply the proceeds to the support of the Army,—but also, (Sect. 7,) directs such proceeds to be paid into the Treasury for the purpose aforesaid. The Act of 3 March, 1849, "requiring all moneys receivable from customs, and from all other sources, to be paid immediately into the Treasury," etc. (9 Stats. 398.) Section 1st, seems applicable to the funds arising upon these confiscations. In designating the funds so to be paid in by you, it would be advisable, however, for you to distinguish them according to the act under which they have been realized. In a case where the libel charged under both acts, a further discrimination should be made, you will be entitled to information from the District Attorney as to what Act or Acts any particular prosecution was had under, which he will give you upon his responsibility. This discrimination of funds is believed to be necessary because of the difference between the two Confiscation Acts, as to the ulterior destination of the money. Respectfully, Your obedient servant, John M. Binckley Assistant Att'y Gen'l.