Title: W. A. Field to Charles F. Blake, 23 December 1869
Date: December 23, 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.01123
Contributors to digital file: Elizabeth Lorang, Nima Najafi Kianfar, Kevin McMulle, and John Schwaninger
December 23, 1869.
Charles F. Blake, Esq.
No. 7 Warren street,
New York City
I have received your letter of the 22d of December, enclosing a letter from Gen. John A. Dix, all addressed to the Attorney General of the United States.
I will thank you to send to this office a transcript of the record or papers in Court, in all these suits, that the Attorney General may see, on an inspection thereof, that they are such suits as he is by the first Section of the Act of July 27, 1868, required to appear in and defend. If they shall be found to be suits of that character, the Attorney General will probably authorize you to continue to act as counsel for Gen. Dix in defending these suits—your compensation to be determined and paid by the Secretary of War.
I also desire to be informed whether you wish the aid of any counsel in defending these suits, and to ask your opinion as to whether they should not be removed to the Circuit Court of the United States before a trial is had in the State Courts. As the Constitutionality of the Act of March 3, 1863, so far as it provides the removal of similar suits from a State Court to a Circuit Court, after judgment on a verdict in a State Court, in such a manner that a trial both of law and facts can be had in the Circuit Court, has been denied in a case now pending before the Supreme Court of the United States—it is desirable to avoid that question in these suits, if it can be done.
W. A. Field,
Acting Attorney General
Case of suits ag't. Gen. Dix.
see p 157 seq