Benjamin Helm Bristow to Clarence A. Seward, 18 October 1871

Oct. 18, 1871. C. A. Seward. Esq. New York City. Sir: I have your letter of yesterday advising me that the case of Jones, vs. Seward will probably be called for argument on demurrer on next Friday, and asking whether I can be present on that day. In reply I regret to have to say that my absence from the city at that time will be impracticable. The Attorney General is not now in the city, and I do not know certainly when he will return, but probably not before the latter part of next week. Quite a number of important cases in which the government is a party will be called for argument in the Supreme Court within the next fortnight, and on this account it is important that I should remain here. Not doubting your ability to conduct the argument of the case of Jones vs. Seward, and to take care of the interest of the government therein, it will be left to our control.— Should you, however, desire that assistance of the District Attorney in the argument of the case, you will notify him to that effect, and request him to appear with you. Touching the matter of your retainer, I have not replied to your former letter for the reason that I desired to consult with the Attorney General. It seems from his letter to you that he entertained doubt whether your retainer would be payable out of the funds of this Department, or of the State Department; and inasmuch as I suppose the Secretary of State and the Attorney General have had some conference on this subject, I prefer to await his return rather than to determine the question myself. Of course there can be no doubt about your compensation, and it will give me pleasure to look to the matter on the return of the Attorney General. Very respectfully, B. H. Bristow, Solicitor General, & Acting Attorney General.