Saturday, October 28, 2017

Edward Bates to George A. Coffey, May 5, 1862

ATTORNEY-GENERAL'S OFFICE, May 5, 1862.
GEORGE A. COFFEY, Esq.,
U. S. District Attorney, Philadelphia.

SIR: Of course you have unofficial information of an action brought in the supreme court of Pennsylvania for the eastern district by Pierce Butler v. Simon Cameron, “in a plea of trespass, vi et armis, assault and battery and false imprisonment.” The copy of the writ sent to me does not disclose the fact that the action is founded upon any official act of the ex-Secretary of War; but it is well understood here that the action arises out of the arrest of Mr. Butler upon political grounds and his supposed complicity in the existing rebellion. Upon this supposition the President adopts the act of the Secretary of War in restraining Mr. Butler temporarily from his liberty, and desires that the suit shall be fully defended as a matter which deeply concerns the public welfare as well as the safety of the individual officers of the Government.

Mr. Cameron has retained private counsel for his defense, Mr. Benjamin H. Brewster, 706 Walnut street, Philadelphia. Mr. Brewster's letter to Mr. Seward is before me wherein he says:

I have as his (Cameron's) private counsel ordered my appearance for him, while I also invite and request the intervention of the proper authorities in his behalf and for his protection.

By authority of the President therefore I request that you will give attention to the case and render whatever aid the full defense of the action may in your good judgment require. There are other actions pending of a somewhat similar character — especially one against Secretary Welles in this District — and no doubt they will greatly multiply unless met vigorously and carefully in limine. Of course Mr. Brewster will see that there is no judgment by default, but to bar accidents please see to it. There is a bill pending in Congress which if passed will facilitate defenses in such cases.

With great respect, your obedient servant,
EDWARD BATES.

SOURCE: The War of the Rebellion: A Compilation of the Official Records of the Union and Confederate Armies, Series II, Volume 2 (Serial No. 115), p. 508

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