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November 26, 1869.

Hon. Geo. S. Boutwell,

Secretary of the Treasury.

Sir:

I respectfully call your attention to my letter to you of the 6th inst. relating to the suit of Henry G. Hubbard, against Cornelius Brainard. I have been informed by the clerk of the Supreme Court that in all suits in that Court in which the Attorney General appears for either a Collector of Internal Revenue, or a Collector of Customs, no security from the Treasury Department is required, but that in accordance with the practice of that Department, it is understood by the clerk that the appearance of the Attorney General indicates that the Government has assumed charge of the prosecution, or defense, of the suit, and that the Department of the Treasury will be responsible for such fees to the clerk as may be due him from the officer for whom the Attorney General appears. If it is agreeable to you to continue this practice, I only desire to be informed whether you wish me to appear in this case; and I have to suggest whether it would not be agreeable to you for the Attorney General to appear as of course for Collectors either of Customs or Internal Revenue in the Supreme Court, whenever the U. S. Attorney has been directed by the Department of the Treasury to appear for such Collectors in the courts below, unless the Secretary of the Treasury expressly notifies the Attorney General that he does not desire him to appear in a particular case.

I shall be pleased to receive your request in the case of Hubbard, vs. Brainard, before the coming in of the Court on the first Monday of December next, if you wish me to appear in it.

Very respectfully,

Your obedient serv't,

E. R. Hoar,

Attorney General.