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May 19, 1870.

Hon. W. W. Belknap,

Secretary of War.

Sir:

Respectfully referring to a letter from this Office to you under date of February 5, 1870, returning for the temporary use of the War Department, the papers in the case of the claim of William Webster for rent, and to a letter of May 21, 1869, from the then Secretary of War to me transmitting those papers, in which he requests my opinion whether the settlement by the War Department of accounts based upon the execution of express contracts made during the war in the insurrectionary States is not prohibited by the Act of February 21, 1867, I have to say that, in accordance with your oral request made to my assistant Mr. Field, I regard this request for an opinion, so far as it relates to the claim of William Webster for rent, as withdrawn by you—and unless further requested shall express no opinion upon it.

I desire, however, to call your attention to an opinion delivered by the Supreme Court at the present term in the case of Filor administrators, vs The United States, a copy of which is enclosed herewith, and which seems to me applicable to the claim made by Mr. Webster.

Very respectfully,

E. R. Hoar, Attorney General

(copy enc.)