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William M. Evarts to Andrew Johnson, 18 August 1868

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August 18, 1868. To the President: Sir: I find on file in my office certain charges against Luther C. White, Marshal for the Western District of Arkansas, imputing to him misconduct in office. The nature and gravity of these charges make out a case of "misconduct in office," within the meaning of that phrase, as used in the 2d section of the Act of March 2, 1867, known as the Tenure of Civil Office Act—and the papers which I transmit herewith present "evidence," which, in the sense of the same section, may be "satisfactory to the President," of this misconduct. If, upon examination of these papers, you should arrive at this conclusion, the case will be presented for your action, under the said section of said Act, to the effect of suspending said officer, and designating some suitable person to perform temporarily the duties of that office until the next meeting of the Senate, and until the case shall be acted upon by the Senate. I may add that I have held interviews with Mr. Boudinot, the Indian Chief, and with some respectable citizens of Arkansas, who have called upon me in support of the charges against Mr. White, and have been impressed with the feeling that a change in the office should be made. I am, with great respect, Your obedient servant, Wm. M. Evarts, Attorney General.
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