Year: 1868

&NHvv =
do what could to contravene a sham prosecution
In the name of the United States by motion In court
The government having suppressed the proceed
ngs instituted by me as citizen and law officer, II
corrected before my superors and my country. This
cannot do, because believe right, and conse-


IN o woe % o SO Sa ~
better harmony with the preferred methods OF such
business as this. The Honorable Secretary has re-
ceived my resignation Very respectfully, your ODE
dent servant, JOHN M. BINCkLEY.
Solicitor OF Internal Revenue.
Mr.. COURTNBY'S REPORT
OFFICE DISTRICT ATTORNEY OF UNITED STATEsl
FOR SOUTHERN DISTRICT OF NEW YORK,
NEW YORK, Oct. !, 1868.
SIR-I have Deen furnished with q copy OF re-
port addressed to yourself by John M. Binckiey
history OF what was done by him in pursuance
OF an order issued by yourself on the z6tn
August lS8s directing him TO proceed to the city
OF Brooklyn eastern Judicial district) New York,
and examine certain evidence SAID 10 be In pos
session Of Assessor weilwood, and report whether,
In your (hisl opinion, the same substantially mpl
Gates In violations OF law any ocer OF the lnterna
revenue service.n


The special service designated In this order mas been
performed 1t Is not IN my province to offer, but
must be permitted TO potice this extraordinary d0cu
ment so FAR as relates TO the utterly ufOunded acct-
sauols and lnsinuations against myself contained
therein.


This gentleman came to this city and commenced
series Of Investigations, certainly not contemplated
by the terms OF the order under which he professed
to act and undoubtedly without precedent In the
manner in which they were conducted.


Without any communication with me, whom
otfcial courtesy and decency should have impelied
MIN to, at least, advise OF his proceedings, ne
caused prosecution TO be instituted against the two
chief officers OF his own bureau, an excolector and
one Daniel Murray, charging them with q conspiracy
to defraud the United states. This charge was
based upon the testimony OF one man alone, OF
whose character Mr.. Buckley seems to have mad
no knowledge and to have taken no steps to acquire
any.


1t was not till these charges had been made and
some OF the defendants already arrested that
was notified that any such action was cOntempla-
ted then found That man, without the slightest
authority so TO do, OF his own motion, had sneaked
surreptitousy in.o my district and attempted in
total ignorance both OF law and fact, to usurp
l9nctions ~ Wnicn your EXceilency aud the senate
OF the United states had seen 1t to dev0lve upon
me-


might surely have been pardoned If, smarting
under tis wholly gratuitous and unpr0v0ked insult,
mad perenlptorily refused to have any connection
Whatever with prosecution which, 1t now seems,
Was instituted as mere fishing inquiry, which
might induce ..evidence 10 come forward in the
hands OF honorable and notable witnesses" This
ADMISSION In Mr.. Blnckley's report confirms the
opinion which my intercourse with him, while 1t
lasted produced, viz, that he was wholly without
legal testimony by which to support or establish the
charges which he had made


knew, however, the sensitiveness OF the public
mind in regard to frauds in the internal revenue
service. was determined that would not allow
any possible opportunity to bring to light corrup-
tiOn IN any quarter to be defeated through the
ignorance or discourtesv Of the man who affect
ed to know something Of importance. l there
fore waived all sense OF the gross insult / had
received, and upon seeing in the papers that his
tary OF the Treasury applied TO the latter by tee
graph to know whether was expected to take
was Immediately co-operated with Mr.. Binckley
as cordially as his offensive and arrogant manner
would permit, determined that If there was any truth
at the bottom or his vague and misty accusations no
personal feeling of mine should stand in the way OF
ITS development. found 1t, however, impossible to
learn anything from him which was Of value legal
proof Ill establishing the charges he had made, but
the prosecution Of which my .cia position and the
me. He seemed to have no idea OF the relevancy or
competency OF evidence, no conception Of the legal
scope OF such an investigation as he had begun.
He seemed to think that such proceeding
might legally be used as . drag net with
which to rake up any insinuations that scandal
transactions in the internal revenue service or any
officers connected Herewith. whether mentioned IN
seemed not to have the smallest notion Of any legal
rules which would confne the investigation to the
particular charge or particular defendants specified
in the warrant could not dlscoverythat he had any
knowledge whaever Of even the simplest principles Of
criminal law and labored in vain to impart any to
him. His report displays this utter ignorance OF law
in very striking manner when he says:--'sThe hour
was coming Tor Q full development Of the magnitude
OF the case and the number OF the defendants to in
clude the District Attorney HIMSELF" A child's
knowledge had he possessed IT, would have taught
him that the rules OF evidence must necessarily con-
fine the testimony to be introduced within the limits
marked out in the warrant, and that the number OF
defendants could not be Increased In the way he pro-
posed.


Here then, our difference Of opinion began, and
II this man had, even In his own mind any grounds
whatever for charging me with lack Of cooperation
with him, 1t arose wholly from my entertaining
some regard for the long established rules OF evi-
TO peril all my reputation as lawyer, by following
the wholly unwarrantable and absurd mode OF pro-
ceedin2 which he desired, and which, without pro-
ducing any beneficial result, would have exposed
the prosecution and all concerned In 1t to the just
and aSq q tine rs and the


These and none other are the circumstances which
rendered 1t pertinent question which side Of the
issue he III was prosecuting in court"


The mpudence OF this question, put to me In the
most offensive manner by this man. at the very time
sna amen IN order that full
might be made, was more than could bear, and
expressed to him. In the painest terms, my opinion
OF his intellect and attainmens and to leave hts
room that l might be no longer subjected TO his In
Suits He attempted to compel me TO remain, by
In self-defence to resort to force. Immediately
teegraphed to the Attorney General that would
slred tas SOMEBODY else might be designated to con-
duct this prosecution. The Attorney General de-
cined to relieve me from the duty, and advised Inc
tnat Mr.. Binckley had no right or power IN the pre-
misses, that he had been authorized by nobody to do
what he had done, and that he and not was the


Ihis is my connection with this case and with Mr..
Buckley through the time embraced In his report.
submit to your Excellency whether my course has
his own conduct or sought to ste inquiry into that
OF others. In view OF my oiicia career and record.





every ofiicer OF the government with whom have
been brought in contact, feel that 1t can hardly be
necessary to add TO this statement that every in
situation and charge contained In tins extraordinary
report, In any way assaing my official or personal
conduct or integrity, is wholly, maliciously and
basely false, without shadow OF foundation and
originating only In the sanderous imagination OF
the author.


The history OF the since abundantly vindicates
me. The counsel designated for the purpose by the
Attorney General and myself have exhausted
all Mr. Binckley's resources OF testimony and
sought earnestly TO enect the most thorough
search into all the matters as to which
he has anected to have proof. desired some one
TO be associated with myself, not because felt that
the case needed IT, but In order that the public ana
yourself might be abundantly satisfied Of the utter
fasity Of Mr.. Binckleys charge that was disposed
| to stine investigation.


Iam happy TO ind IN Mr.. Binckley's report, and
the order or your Excellency under which he pro-
fessed to act that his action was wholly unauthor
ized, and tnas upon MN anu MN alone rests .ne