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April 18, 1870.

Hon. John A. Bingham,

Chairman Judiciary Committee

House of Representatives.

Sir:

I transmit herewith a copy of a letter received to-day from the U. S. Attorney for the Northern District of New York, relating to the decision of the District Judge of that District, denying the power of a Commissioner to take bail for the appearance of a prisoner before himself.

I have directed the U. S. Attorney to sue out a writ of error to the Circuit Court, that this judgment may be reviewed.

Meanwhile, I beg leave to call your attention to the subject, that if any additional legislation is needed, it may be had. It is of great importance that Commissioners have this power, as complaints before them, against persons charged with minor offences, particularly under the Internal Revenue laws, are numerous, and oftentimes the hearing is not concluded in one day—and to subject the accused in every case to imprisonment until the hearing is concluded, when he is ready to give good bail, would be a great hardship.

I have sent for a full copy of the opinion of the Judge, and when it is received, I will send it to you.

Very respectfully,

E. R. Hoar,

Attorney General.

(enc.)