Amos T. Akerman to Warren Cowles, 15 November 1871

Nov. 15, 1871. Warren Cowles, Esq. U. S. Attorney, Yankton, Dakota Terr. Sir: It is reported that early in October last a Fenian raid was made, or attempted, from your Territory, upon the adjacent British province, in impudent violation of the Neutrality Laws of the United States. Some of the parties engaged in it, (O'Neill, Curley, and others,) were brought before a U. S. Commissioner by the name of Foster, and discharged, according to reports, upon grounds of the most frivolous character. I desire that you will immediately inquire into the facts, and if you ascertain that the parties have broken the law within your Territory, that you forthwith institute prosecutions against them. If a court is at hand at which a Grand Jury can act upon the subject, perhaps you had better begin by an effort to procure a finding of a bill. If, however, no court is near, you will do well to cause warrants to be issued, and have the parties arrested wherever in the United States they may be found, and brought for examination before a Judge of your Territory. You will apply for information upon the subject to Capt. Loyd Wheaton, 20th U. S. Infantry, commanding Post at Fort Pembina. Very respectfully, A. T. Akerman, Attorney General.