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Ebenezer Rockwood Hoar to Charles Durkee, 29 July 1869

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July 29, 1869. Hon. Charles Durkee, Governor of Utah Territory, Salt Lake City. Sir: I have the honor to acknowledge the receipt of your letter of the 21st inst., relating to the case of Branigan. An application for his pardon was presented to the President just as he was about leaving Washington—he not expecting to return until the day fixed for the execution would have passed. Under these circumstances there was no opportunity to examine or ascertain under what authority or circumstances Branigan was convicted and held for execution. I therefore advised the President to issue a reprieve which would give time for an examination of the case, and which would be effectual for that purpose in case his conviction was for an offence in respect to which the President possessed the power of pardon. At the same time, I addressed to you a letter of the 15th inst. requesting that a reprieve should be issued by you in order to afford the opportunity for a proper examination of the case. The course which it has since taken, by the granting of a new trial, renders further action by the President unnecessary; and as far as I am at present advised, the case is one which will be under your exclusive control, if future events should make an executive revision of the sentence necessary or proper. No further action will, therefore, be taken by the President in the premises, unless upon some new communication from you, or some new application made on behalf of the prisoner. Very respectfully, &c. &c. E. R. Hoar, Attorney General.
Branigan pardon case.
See p. 3. ante
See Ins. Book A. p. 371
See p 8 Index, letter B.
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