In Whitman's Hand

Scribal Documents

About this Item

Title: Henry Stanbery to Hugh McCulloch, 25 September 1866

Date: September 25,1866

Whitman Archive ID: nar.00106

Source: National Archives and Records Administration. 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.

Contributors to digital file: Elizabeth Lorang, Kevin McMullen, John Schwaninger, and Nima Najafi Kianfar

page image
image 1

Sept. 25, 1866

Hon. Hugh McCulloch,

Secretary of the Treasury,


I have received yours of the 10th, enclosing a copy of an opinion, delivered by Judge Hawkins, of Tennessee, holding so much of the Internal Revenue Act of June 30, 1864, as imposes a stamp tax upon Writs, & other original process issued by State Courts to be unconstitutional.

Upon a careful consideration of this opinion, I adhere to the position expressed in my letter to you of September 1st, that this portion of the Act is valid & constitutional.

It would be a useless waste of time to go at large into this question, as there is only one course by which it can be set at rest, & this is, by instituting prosecution, as I have advised in my former letter.

I have the honor, &c.

Henry Stanbery

Attorney General


Published Works | In Whitman's Hand | Life & Letters | Commentary | Resources | Pictures & Sound

Support the Archive | About the Archive

Distributed under a Creative Commons License. Matt Cohen, Ed Folsom, & Kenneth M. Price, editors.