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April 29, 1868.

Hon. Hugh McCulloch,

Secretary of the Treasury.

Sir:

I have the honor herewith to refer some papers filed in this office by the Hon. Thos. C. McCreery, United States Senate, with a view of invoking Executive clemency for the relief of Messrs. Wm. P. Mobberly, and Thos. Monarch, obligors in a bond of $2000: given by them as sureties, of and with Wm. H. Mobberly and Richard Monarch, tobacco manufacturers and partners, conditioned upon the faithful observance of the latter of the Internal Revenue laws. Upon a breach of condition, the stock and other property of the principals, amounting, it is said, to $15,000: was seized, forfeited and sold, by the government. Judgment also, in a separate action, has passed upon this bond, against the petitioners.

The case is represented to be one of hardship to two very worthy citizens, residing at a distance from the scene of the fraud, and wholly innocent of it. It is stated that the satisfaction of this judgment would exhaust their property in their old age, their sons having also lost all of theirs by their own fault. The District Attorney recommends relief, and I believe it ought to be granted. Nevertheless, though the penalty is for an offence against the United States, yet the existing judgment is simply the record of a debt in favor of the Untied States, arising upon a civil action at law. Under these circumstances, it is very questionable whether the pardoning power could reach it; but it is supposed to resemble the cases which fall within the remitting power of the Secretary of the Treasury, and the Commissioner of Internal Revenue.

I therefore respectfully refer the papers, consisting of transcripts of the bond, judgment, and proceedings in rem, an affidavit marked A, and the petition of the parties addresed to the President.

Respectfully,

Your obedient serv't,

John M. Binckley,

Assistant Attorney Gen'l.