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Hon. Hugh McCulloch,

Secretary of the Treasury.

Sir:

I have the honor to enclose an application made to me by the counsel of both parties, in two causes coming up from the State of New York, affecting the question of the authority of State taxation of certain forms of the securities of indebtedness of the United States, which will stand Nos. 246, and 247, on the docket of the approaching term of the Supreme Court of the United States.

The object of this application as you will perceive, is to have these cases advanced for argument earlier than, in due course, they would be rached. I shall be pleased to make the application to the court, if, in your judgment, the interests of the United States, in their fiscal affairs, would be advanced by an early argument—as this consideration constitutes the only proper ground of the application to the court, and will need to be supported by your express authority.

As the term of the Court commences on the 7th of December prox., I will be obliged by an early answer from you to the present communication, and a return therewith of the enclosed paper.

I have the honor to be,

Very respectfully,

Wm. M. Evarts,

Attorney General.