Title: Ebenezer Rockwood Hoar to Blanton Duncan, 10 July 1869
Date: July 10, 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.01973
Contributors to digital file: Elizabeth Lorang, Joshua Ware, Kevin McMullen, and John Schwaninger
July 10, 1869.
Blanton Duncan, Esq.
I have received your letter of the 4th inst. I desire, so far as it can legally be done, to carry out the intention of Congress as expressed in the joint resolution;—but I have no authority to release a debt due the United States, or to modify directly a decree of a court in a case in which the United States are concerned.—I can discontinue such a case while it is still pending, and has not passed into a judgment.—
Your wish is that I should either release to you all the future rents and profits of the land condemned, or discontinue the suit in regard to them;—but I do not see how I can do this, and yet leave the suit pending in regard to the moneys now in the registry of the Court, or the hands of the Marshal, so that a writ of error can be sued out, and the questions of law considered by the Supreme Court. If you or your counsel can suggest any way in which this can be done that is not in violation of law, I shall be pleased to receive the suggestion.
Very Respectfully yours,
E. R. Hoar,
Blanton Duncan's case, see ante p. 492.