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Title: Ebenezer Rockwood Hoar to George S. Boutwell, 9 July 1869
Date: July 9, 1869
Whitman Archive ID: nar.01970
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, Kevin McMullen, and John Schwaninger
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July 9, 1869
Hon. Geo. S. Boutwell,
Secretary of the Treasury.
Sir:
I have received your letter, and the accompanying papers, all relating to the Internal Revenue case of A. W. Darling. I understand that the proposition is that the information of forfeiture be dismissed, each party thereto paying his own costs; that the money, amounting to about $19,000, now in the registry of the court, in the information for forfeiture, be applied in satisfaction pro tanto of the judgment against Darling on the bonds, but that this amount of money be not received as a satisfaction in full of such judgment, and that all criminal proceedings now pending against Darling or others be unaffected by this compromise, and that the same is made without prejudicing the rights of either the United States or the persons indicted, in regard to such criminal proceedings.
As Darling is unable to pay the whole amount of the judgment on the bonds, and as the result of a new trial of the information of forfeiture is not certain, the proposed compromise seems pecuniarily for the interests of the United States. I do not certainly know whether there is, or is not, an informer who claims a share of whatever money may be recovered in the information of forfeiture. I infer from the letter of the District Attorney, found among the accompanying papers, that there is one.—If the compromise proposed is effected, the money received is in satisfaction pro tanto of a debt of which an informer is entitled to no share. The United States have the legal right to proceed in this manner—but it ought, I think to be carefully considered, whether this is a case in which it is in every respect just to shut out any claim on the part of the informer. This consideration I leave entirely to the Department of the Treasury, and intend to express no opinion upon it, but to call attention to it, that it may not escape notice.—Understanding that terms of the proposed compromise as I have stated them, I recommend that they be accepted.
I have the honor to be, &c. &c.
E. R. Hoar, Attorney General.