Title: William M. Evarts to John McAllister Schofield, 13 February 1869
Date: February 13, 1869
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.00784
Contributors to digital file: Elizabeth Lorang, Kevin McMullen, John Schwaninger, and Nima Najafi Kianfar
Feb. 13, 1869.
Hon. J. M. Schofield,
Secretary of War.
Referring to your communication of the 10th of Sept. last, transmitting to me certain documents relative to cases on appeal in the Supreme Court of the United States, from decisions of the Court of Claims, in which your Dept. is interested, I beg to state that I have concluded to advise the dismissal of the appeal in one of those cases, the case of the U. S. ag't. Higdon, No. 198, Dec. term, 1868. This suit was brought for the value of seventy-eight horses, sold to the U. S. The claim was not presented to the Davis, Holt, & Campbell commission. I do not see any reason, on the face of the record, to doubt that the government ought to pay for the horses mentioned, at the price found to be reasonable & just by the Court of Claims. If, therefore, you should consent to the dismissal of this case, I will make the proper motion in the Sup. Court. I will hold under advisement the question as to the action proper to be taken in the other cases to which your communication of last Sept. refers.
I have the honor to be,
&c. &c. &c
Wm M. Evarts