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April 15, 1871.
Hon. J. H. Howe,
Associate Justice
Cheyenne, Wyoming Terr.
Sir:
I have deferred an answer to yours of the 24th ultimo, requesting leave of absence from
your Territory, because I had reason to suppose that an Executive order would soon be issued upon the subject.
I suppose that a copy of that order has been received by you.—Under its provisions I do not feel at liberty to authorize the absence which you request. You have already had leave of absence for forty days since the 10th day of December last, and without a partiality that would expose you and me to animadversions, apparently just, I could not make an exception to the rule which the law prescribes, and which the President, by this order, calls to mind.
I perceive the force of the personal reasons which move you to desire a leave of absence, but I cannot yield to them without an example that would seriously impair my efforts to carry out the views of Congress and the President in this matter of absences.
Very respectfully, &c,
A. T. Akerman,
Attorney General.
declining leave of absence.
see p. 707 ante