image 1

July 13 (? or 10th), 1869.

Blanton Duncan, Esq.

Louisville, Ky.

Sir:

I have received your telegram of the 12th inst. in reply to my letter of the 10th inst. both relating to a suit against certain property in which you claim an interest. I do not see how I can legally release to you, or your assignee in bankruptcy, all the right, title and interest of the United States in the land, to hold from April 10th 1869, or all the rents and profits accruing since that time, or discontinue the suit in regard to such right, title and interest, or rents and profits,—and yet leave the suit pending in Court in regard to the moneys now in the registry of the court, and in the hands of the Marshal, in such a manner that a writ of error from the Supreme Court can be sued out and the questions of law be heard and determined by the Supreme Court, as contemplated by the Joint Resolution. You will, however, show to the District Attorney of Kentucky all letters written to or received by you from this office relating to the suit, and the District Attorney is authorized to carry out the intention of the Joint Resolution, if he sees how it can be done consistently with law. You will give him a copy of this letter, and communicate with him hereafter.

Respectfully &c, E. R. Hoar,

Attorney General.