DEPARTMENT OF JUSTICE,

Washington, December 14, 1872.

SIR: Yesterday I had the honor to transmit to your honorable committee detailed statements of the expenditures made from the appropriation for the expenses of the United States courts for the last fiscal year. I now inclose copies of several letters, numbered from 1 to 5, addressed by this Department to certain marshals of the United States, touching the expenses of the courts in their respective districts. Letters of a like character have been addressed to other marshals and officers of the courts.

You are aware, doubtless, that the Department cannot control the expenditures from this fund. When a marshal is in need of funds to defray the expenses of a term of his court, he makes his requisition upon this Department for the amount required. The amount asked for is sent to him, if the condition of his accounts in the Treasury Department will allow it. After the court has adjourned, he makes up his accounts for the expenses of that term, verified under oath and certified to by the judge as being correct, and afterward they go to the accounting officers of the Treasury for settlement; and, if they are rendered in accordance with law, they are passed to his credit.

One noteworthy cause of the large expenditure arises from the great number of witnesses summoned, frequently from a long distance, and, I often thought, in many instances unnecessarily. But this is a matter I cannot control, it being entirely within the jurisdiction of the officers of the courts. I have, however, as you will see by the inclosed copies of communications, endeavored to prevent such a large outlay of money for this purpose by urging that the number of witnesses be limited to those whose testimony is of importance. I have every reason to believe that large numbers of witnesses are summoned whose testimony is almost, if not entirely, worthless, thereby entailing upon the Government large expense without corresponding benefit.

I invite your attention to the large expenditures made in the western district of Arkansas. This is caused by the extent of that district, which comprises thirty-two counties of Arkansas and all the Indian Territory. I think a reduction of expenses could be made either by dividing that district into two, thus making the Indian Territory one district, or by establishing a court within the limits of that Territory. The courts for that district are held at Helena and Fort Smith. The business of the latter court is mainly from the Indian Territory, and the persons charged with crime and the witnesses are brought hundreds of miles to the place where the court is held. This not only entails a serious inconvenience to the witnesses and others, by bringing them so far from their homes, causing a loss of time, but is one of the sources, if not the greatest, of the large expenditures in that district.

On the 15th of March, I had the honor to address a communication upon this subject to Senator Harlan, a copy of which I inclose, marked A, to which I respectfully invite the attention of your honorable committee. I believe a bill was introduced in the Senate in accordance with my suggestions, but I am not informed of its present condition. Very respectfully, your obedient servant,

Hon. JAMES A. GARFIELD,

GEO. H. WILLIAMS,
Attorney-General.

Chairman Committee on Appropriations, House of Representatives.