Title: J. Hubley Ashton to W. C. Maloney, 19 March 1869
Date: March 19, 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.00847
Contributors to digital file: Elizabeth Lorang, Nima Najafi Kianfar, Kevin McMullen, and John Schwaninger
March 19, 1869.
W. C. Maloney, Esq.
Counsellor at Law,
Key West, Florida.
You will remember that in the prize case of the Schooner Alicia an agreement was signed by yourself for the claimant, & the Dist. Attorney for the government, on Feb. 16, 1867, for the removal of the cause from the Circuit Court to the Supreme Court of the U. S. The record has not been filed in the Supreme Court, & the Court has decided that the cause is still pending in the Circuit Court.
It is not probable that the claimant desires any further action in the matter. And he can certainly entertain no hope, in any event, of reversing the decree of the District Court. The vessel & cargo were clearly liable to condemnation on the proofs in the record. This office has thought, therefore, that you would probably not object to have the decree affirmed. The Circuit Judge, Mr. Justice Swayne, will, upon your agreement, enter a decree to that effect. It may be a good while before a Judge of the Supreme Court will hold the Circuit Court in Florida. Judge Swayne, who has been assigned to that Circuit, but who does not purpose going to the south, will sign a decree in this city.
I enclose, therefore, a stipulation which I will thank you, if you have no objections, to sign & return to this office.
Very Resp. yours,
J. Hubley Ashton,
Assistant Attorney General