Image 1
Image 2
March 6, 1871.
Hon. Columbus Delano,
Secretary of the Interior.
Sir:
I have received your letter of the 2d instant, transmitting a copy of a letter from Mr.
Viall, superintendent of Indian Affairs in Montana, in which he suggests the propriety of employing
assistant counsel to the U.S. Attorney of that District in the prosecution of parties for
violating the laws regulating intercourse with Indian tribes
The Government having a regular professional representative in that Territory, I do not
feel at liberty to incur the expense of additional counsel except in cases of emergency. On
general principles, the regular representative of the Government in Courts ought to be equal
to the services which are usually required of that officer. If the compensation is
insufficient to command the best talent for the office, the remedy lies with Congress.
The District Attorney of Montana has resigned his office; but a successor has been
nominated to the Senate. I trust that the Government will soon be furnished with a District
Attorney who will be able to perform properly all the services required of that
officer.
I do not think that the cases to which Mr. Viall refers, will authorize the employment of
special counsel, especially in view of the limited funds under the control of this
Department.
Very respectfully,
your obd't servant,
A. T. Akerman,
Attorney General.
question of Special Counsel in Indian Cases in
Montana
