In Whitman's Hand

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Title: Orville Hickman Browning to John Whytock, 2 June 1868

Date: June 2, 1868

Editorial note: In the body of this letter, someone other than Whitman has replaced the word "execution" with "confiscation."

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.02339

Contributors to digital file: Courtney Rebecca Lawton, Elizabeth Lorang, and Kenneth M. Price



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Attorney General's Office

Washington, June 2, 1868

John Whytock, Esq.

United States Attorney,

Little Rock, Ark.

Sir:

It appears from copies of the libel, decree of condemnation, and petition of the party to the President—to which is appended a recommendation of the Judge, and another of O. Jennings, Esq. late United States Attorney—that the law library of George A. Gallagher, Esq. was libelled and duly condemned in the United States District Court for the Eastern District of Arkansas, under the confiscation laws; but that no order of sale has ever passed the Court,—and the books are in the custody of the Marshal. The Honorable Henry C. Caldwell, District Judge of the United States for the District of Arkansas, states, in writing, that the sale of Mr. Gallagher's library would result in scattering it, to the great prejudice of the Courts and bar of Little Rock,—and that the conduct of Mr. Gallagher has been unexceptionable. He earnestly recommends the President to grant "a [remittance?] of the forfeiture." To Judge Caldwell's recommendation the late District Attny subjoins his own.

It also appears that an indictment for treason was found against Mr. Gallagher, from which he has been judicially relieved upon a regular plea of pardon—the discharge being shown by a certified copy before me, of the order of the Court in the premises.

I have to instruct you, upon this state of facts, to permit satisfaction of the judgment to be entered up, in the premises.

Respectfully,

your obedient servant,

Attorney General, ad interim

June 2 '68

John Whytock.

Sent

Rec.


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