image 1

image 2

April 2, 1870.

Hon. E. C. Banfield,

Solicitor of the Treasury.

Sir:

I have the honor to send herewith a letter to me from the United States Attorney for Vermont, relating to a recognizance of Evelyn P. Mussey, and sureties, he having been indicted for robbing the Post Office, in which indictment a nolle prosequi has been entered.

It appears that Isaac McDaniel, surety on the recognizance, is deceased, and the recognizance has already been presented as a claim in behalf of the United States, before the Commissioners of Probate of his estate, and has been allowed.

As it appears that, under all the circumstances, it was not thought advisable to prosecute Mussey, it does not seem to me that the penalty of the recognizance should be enforced, —but I have no authority to discharge it,—and it can only be compromised, I suppose, as a claim, under the 10th section of the Act of March 3, 1863.

If I may be permitted to express an opinion, I think this claim should be compromised by receiving, in discharge thereof, the costs of the suit on recognizance, if any has been brought, and of the proceedings in proving the claim before the Commissioners.

Very respectfully,

E. R. Hoar.

Attorney General.