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November 28, 1868.

Charles O'Conor, Esq.

New York.

Sir:

I have this morning received your note of the 27th inst. giving me notice of your intention to apply for a rule upon the Government to show cause why the indictments pending in the District of Virginia against Jefferson Davis should not be quashed, upon the single and special ground named in your note. I have written to Mr. Dana, to prepare him for notice by telegraph, if I should be advised from Richmond that a day had been assigned for the proposed argument, in order that he may be in attendance to take care of the motion. What I may find it possible, or think it my duty to do, in regard to a personal participation in the matter at Richmond, it is quite out of my power at present to determine; as my preparations for the ensuing term of the Supreme Court of the United States, on special assignment, requiring my personal attendance there, leave me but little time for any other obligations.

With the greatest respect,

I remain, yours, &c.

Wm. M. Evarts,

Attorney General.