Title: John M. Binckley to George B. Corkhill, 16 April 1868
Date: April 16, 1868
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.00514
Contributors to digital file: Elizabeth Lorang, John Schwaninger, Nima Najafi Kianfar, and Kevin McMullen
April 16, 1868.
Col. Geo. B. Corkhill,
Washington, D. C.
The Attorney General ad int.. has considered the matter submitted by you in a note from Mr. Justice Miller dated 7th instant, relative to the case of the United States, plaintiff in error, vs. V. Van Antwerp, et al. No. 248, December term, 1867.
This is a pecuniary suit, arising upon the official bond of a Receiver of Public Moneys, in which the judgment below was adverse to the United States, and was brought up upon writ of error. This writ of error having been dismissed for irregularity, at the recent sitting of the Court, the object of the defendant in error is to stay further litigation in the premises; and with this view he is understood to propose a compromise, by release of the judgment in his favor to the United States, in consideration of a binding stipulation to waive all right of appeal, to be executed by the proper official of the government;—or by some equivalent and effectual mode of adjustment.
The practice of this office has been to leave to the branch of the public service in which the subject-matter of the suit arose, the question of the expediency of the compromising.—In this case, it is suggested that the application should be made to the Secretary of the Interior, or the Commissioner of the General Land Office. Any adjustment which, in the judgment of the proper administrative officers, would be of public benefit, would, if found to be consistent and warranted in law, be approved by the Attorney General.
I return copies of the papers filed by you.
Respectfully, your ob't serv't,
J. M. Binckley,
Assistant Attorney Gen'l.