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Attorney General's Office
Washington, June 2, 1868
John Whytock, Esq.
United States Attorney,
Little Rock, Ark.
Sir:
It appears from copies of the libel, decree of condemnation, and petition of the
party to the President—to which is appended a recommendation of the Judge,
and another of O. Jennings, Esq. late United States Attorney—that the law
library of George A. Gallagher, Esq. was libelled and duly condemned in the United
States District Court for the Eastern District of Arkansas, under the confiscationIn the body of this letter, someone other than Whitman has replaced the word "execution" with "confiscation."
laws; but that no order of sale has ever passed the Court,—and the books are in the
custody of
the Marshal. The Honorable Henry C. Caldwell, District Judge of the United States
for the District of Arkansas, states, in writing, that the sale of Mr. Gallagher's
library would result in scattering it, to the great prejudice of the Courts and bar
of Little Rock,—and that the conduct of Mr. Gallagher has been
unexceptionable. He earnestly recommends the President to grant "a remittance of the
forfeiture." To Judge Caldwell's recommendation the late District Attny subjoins his own.
It also appears that an indictment for treason was found against Mr. Gallagher, from
which he has been judicially relieved upon a regular plea of pardon—the
discharge being shown by a certified copy before me, of the order of the Court in
the premises.
I have to instruct you, upon this state of facts, to permit satisfaction of the
judgment to be entered up, in the premises.
Respectfully,
your obedient servant,
Attorney General, ad interim
June 2 '68
John Whytock.
Sent
Rec.