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Western Judicial District of Arkansas. Letter from the Attorney-General, Relative to Claims Arising from Expenditures of The

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Western Judicial District of Arkansas. Letter from the Attorney-General, Relative to Claims Arising from Expenditures of The University of Oklahoma College of Law University of Oklahoma College of Law Digital Commons American Indian and Alaskan Native Documents in the Congressional Serial Set: 1817-1899 2-23-1875 Western Judicial District of Arkansas. Letter from the Attorney- General, relative to claims arising from expenditures of the marshal's office of the western Judicial District of Arkansas. Follow this and additional works at: https://digitalcommons.law.ou.edu/indianserialset Part of the Indian and Aboriginal Law Commons Recommended Citation H.R. Exec. Doc. No. 175, 43rd Cong., 2nd Sess. (1875) This House Executive Document is brought to you for free and open access by University of Oklahoma College of Law Digital Commons. It has been accepted for inclusion in American Indian and Alaskan Native Documents in the Congressional Serial Set: 1817-1899 by an authorized administrator of University of Oklahoma College of Law Digital Commons. For more information, please contact [email protected]. 43D CONGRESS, } HOUSE OF REPRESENTATIVES. f Ex. Doc. 2d Session. t No. 175. WESTERN JUDICIAL DISTRICT OF ARKANSAS. LETTER FROM THE ATTORNEY-GENER AL, RELATIVE TO Claims ar-ising from expenditures of the marshal's office of the western judi­ cial district of Arkansas. FEBRUARY 23, 1875.-Referrecl to the Committee on Expenditures in the Department of Justice and ordered to be printed. DEPARTMEN'l' OF JUS'l'IOE, Washington, February 18, 1875. SIR: On the 9th of June last the House, on motion of Mr. Sener, from the Committee on Expenditures in this Department, a<lopted the fol­ lowing resolution : Resolved, That the Attorney-General be directed to institute a full and thorough judicial investigation into the character of the allowances that have been paid at the Treasury De­ partment, as well as the claims still due, growing out of expenditures of the marshal's office of the western judicial district of Arkan;;as, since the 1st day of July, 1870; and that no part of said claims shall be paid until the Department has been satisfied by investigation of their correctness, and the Department shall report its action to this House. On the 24th day of June I appointed Mr. Benjamin T. Duval special assistant to the United States attorney for the western district of Ar­ kansas, to make an investigation pursuant to this resolution; and I now have the honor to inclose a copy of bis report. I also inclose a copy of a letter addressed by me on the 17th instant to the First Compt.roller of the -Treasury, requesting him to restate and settle the accounts of the marshals in accordance with the recommendations of Mr. Duval. Very respectfully, your obedient servant, GEO. H. WILLIAMS, Attorney-General. Hon. J.A.MES G. BLAINE, Speaker of the House of Representatives. 2 WESTI<JRN JUDICIAL DISTRICT OF , ARKANSAS. vVASHING'l'ON, D. c., January 15, 1875, Hon. GEORGE H. WILLIAMS, Attorney-General of the United States: Sm: Having been selected and employed by you to carry out thefoJ. lowing resolution of the House of Representatives of the Congress of the United States, to wit : Resolved, That the Attorney-General be directed to institute a fol! and thorough judicial investigation into the char~cter ~f the allowances that have b~en paid at the Tre~sury De­ partment, as well as the claims still due, growmg out of expenditures of the marshals office of the western judicial district of Arkansas, since the 1st day of July, 1)370; and that no part of said claims shall be paid until the Department has been satisfied by investigation of their correctness, and the Department shall report its action to this House, I beg leave to submit the fol1owing report: Pl was appointed by you special assistant United States attorney for the western district of Arkansas, and qualified June 24, 187 4, and imme- diately commenced the investigation. · The vouchers and papers relating to the expenditures of the marshal's office for said western district of Arkansas, referred to in the resolution aforesaid, then on file in the Office of the First Comptroller, were placed at my disposal. There were among them a large amount of unpaid claims, arising under the administrat.ion of William A. Britton, late United States mar­ shal, embracing every variety of expenditures. Sume of these claims consisted of vouchers, or accounts made out in the form prescribed by law, and a large amount of them were what is known in the western dis­ trict of Arkansas as "marshal's checks." The latter class of claims are of an anomalous character, not only unknown to the laws of the United States, but were given out by the marshal upon taking receipts from -creditors of the United States upon vouchers, in direct violation of the provisions of the 16th section of the act of Congress approved August 6, 1846, (9 Statutes at Large, 59.) Whenever a person having a claim against the United States for services performed or fees due and to be paid by the marshal would sur­ render the voucher and receipt the same, the marshal delivered to the claimant a paper or due-bill in the following form : $30.] . OFFICE UNITED STATES MARSHAL, WESTERN DISTRICT OF ARKANSAS, Fort Smith, Ark., October 3, 1872. There is due C. S. Hunt, for services rendered as deputy marshal, the sum of thirty dol­ lars. W. A. BRITTON, Marshal, No. 253. By J. W. DONNELLY. The account-roll or voucher, thus receipted, and upon which this ille­ gal "check" was issued in lieu of money, was then forwarded to the accounting officers of the Treasury Department to be passed to the credit of the mar hal. The unfortunate holder of the check, despair­ ing of ever being pq,id the sum lawfully due him, was compelled to sell the same for whatever he could get for it. This practice of issuing check fir t originated, I understand, under the administration of Logan Il. Root ; at lea t, if it was resorted to before his time, it was to a very limit l extent. large amount of the unpaid accounts and checks which had been pr nt d to the accounting officers of the Treasury was for services r n :I r a. juror , witne e ·,bailiff:, jail-guards, and for feeding pris­ n r c nfiu d in jail. WESTERN JUDlCIAL DISTRICT OF ARKANSAS. 3 1 recommend the payment of fees due to jurors and witnesses, in ac­ cordance with the amounts shown to be due them by the transcript from the records of the court, which had previously been transmitted to the Treasury Department. I also recommend the payment of t~e otber accounts mentioned above, in a11 cases where the holders were not suspected of complicity in the frauds shown by the reports of the Judi­ cia ry Committee of the House of Representatives a,nd the Committee on Expenditures in the Department of Justice to have been commit!ed in that district. and which bad caused the adoption of the resolut10n r aforesaid. , .A statement of the accounts and amounts which had been paid unqer this ruling, which was apprornd by ;you, is hereto appended, JDarked Exhibit A. The frauds were mostly in the vouchers for compensation to the mar;­ sbal and his deputies, and for disbursements to posse comitatus. The unpaid claims which had been presented to tbe accounting officers of the Treasury were un<ler the last term of W. A. Britton. The outstanding indebtedness of the marshal's office, under Logan E. Roots, had been paid by him after he went out of office. William A. Britton was appointed mnrshal for the western district of Arkansas, on the 22d day of May, ..A. D. 1869, and was suspended or removed in the early part of' 1871, and was ~mcceeded by Logan H. :Roots, who was in turn suspended and Britton again appointed, who beld the office from July 6, 18n, until the spring of 1873. John N. Sarbe:r succeeded Britton, and lleld the.office from May, 1873, to July 1, 1874, when be resigned. · The marshals in office during the period covPren. by the resolnt10n aforesaid, that is, from July 1, 1870, were, first, Britton; second, Roots; third, Britton, (second term ;) and fourth, Sather. The western district of Arkansas was enlarged by act of Congress of March, 1871, by the addition of nineteen counties in the northeastern portion of the State of Arkansas, and an additional court (two terms a year) established at Helena,, in said State, and the office of judge, for the western district of Arkansas, created. Soon after the act was passed William Story was appointed judge for said district, and resigned on the 17th da;y of July, 1874, under charges wbich ha,d been referred to the judiciary committee of the house of representatives1 for investiga­ tion. His resignation was to prevent being impeache<l: Logan H. Roots was appointed marshal at the same . time that Story was appointed judge. I bave given this historical detail of the personnel of "the officials for the western district of Arkansas, in order that the facts referred to in my report may be better understood, and to avoid the necessity of repetitiou. The expenditures in the western district of Arkansas were, accord­ ing to the statement of the First Comptroller, in 1869, $56,000; 1870, $108,000; 1871, $248,000; 1872, $370,000. Logan H. Roots, as marshal, drew from tbe Treasury of the United States, from Ma_y 5, 1871, to June 12, 1872, the sum of $319,726.59. This was while he was in office; and after he went out of office he drew the farther sum of $83,539.80, making an expenditure in his office, for a period of fourteen months and twenty da.ys, of $403,266.49.
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