In Whitman's Hand

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Title: William M. Evarts to Hugh McCulloch, 27 November 1868

Date: November 27, 1868

Whitman Archive ID: nar.00705

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, John Schwaninger, Nima Najafi Kianfar, and Kevin McMullen

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November 27, 1868.

Hon. Hugh McCulloch,

Secretary of the Treasury.


In your letter of September 17, last, you transmitted a communication, addressed to the Commissioner of Internal Revenue, by the U. S. District Attorney for the District of South Carolina, charging that the District Judge has repeatedly sentenced persons convicted of violation of the Internal Revenue law to a penalty smaller than that required by the law.

I have the honor to say, that the District Judge, as a member of the coördinate Judiciary Department of the Government, is not subject to the jurisdiction or control of this office—and that any proper ground of accusation may be laid by the executive Department cognizant of the facts prejudicial to his character and conduct as a Judge, before the Judiciary committee of the House of Representatives, for such consideration and action, as that committee, under the Consitution and rules of the House of Representatives, may deem proper to take in the case.

I express no opinion at present in regard to the justice of the reflections which are contained in the communication of the District Attorney upon the judicial conduct of Judge Bryan. Your communication, as I understand, does not call for any such expression from me.

I return, herewith, the letter of the District Attorney to which I have referred.

I have the honor to be, with respect &c.

Wm. M. Evarts,

Attorney General.


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