Title: William M. Evarts to John McAllister Schofield, 27 November 1868
Date: November 27, 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.00704
Contributors to digital file: Elizabeth Lorang, John Schwaninger, Nima Najafi Kianfar, and Kevin McMullen
November 27, 1868.
Hon. John M. Schofield,
Secretary of War.
Your letter of the 12th inst. transmitted to me a communication from Capt. John McIntosh, acting Deputy Quartermaster, at Newport Barracks, Kentucky, relative to the purchase by civilians of public property stolen by enlisted men in the military service.
I have the honor now to return that enclosed communication with the remark that the facts of the cases referred to by Capt. McIntosh should be laid before the District Attorney of the proper District, for his consideration and action. If there is a statute of the United States applicable to such offences, the District Attorney will institute prosecutions, if the facts justify such action, before the proper National authorities. If no statute of the United States exists, which covers the cases, the District Attorney will, in the proper discharge of his duty to the Government, see that prosecutions are instituted in the local courts.
The facts of the cases, to which the Quartermaster directs the attention of the Department, can best be conveyed to the District Attorney by the military officers who are cognizant of those facts. The proper course would be, I would suggest, for your Department to direct this officer to place himself in communication with the U. S. Attorney, whose duty it will be to act, if probable cause of accusation is made out, without the special direction of this office.
I am, Sir, very respectfully,
Wm. M. Evarts,