In Whitman's Hand

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Title: Amos T. Akerman to Columbus Delano, 22 November 1871

Date: November 22, 1871

Whitman Archive ID: nar.03485

Source: National Archives and Records Administration. Transcribed from digital images or a microfilm reproduction of the original item. For a description of the editorial rationale behind our treatment of the correspondence, see our statement of editorial policy.

Contributors to digital file: Elizabeth Lorang, John Schwaninger, Anthony Dreesen, and Melanie Krupa

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Nov. 22, 1871.

Hon. C. Delano,

Secretary of the Interior.


I have the honor to acknowledge the receipt of your letter of the 17th inst. enclosing a Report from the Acting Commissioner of Indian Affairs, and the copy of a letter from Mr. Richardson of the Green Bay Agency, Wisconsin, recommending that additional counsel be employed to aid in the prosecution of one Kennedy, in the State Courts of Wisconsin, for the alleged murder of a daughter of J. L. W. Doxtaler, a member of the Oneida Tribe of Indians. This appears to be a prosecution in the State Courts.

The ground upon which the employment of counsel by the Government is urged, is that the prosecuting officer of the State is a young man of not much experience. It occurs to me as inexpedient that the Government of the United States should employ persons to prosecute for violations of the criminal law of the States, unless there be some special national obligation in the matter.

In this case it appears that the murderer of the Indian is prosecuted by the same officer who prosecutes for the murder of the white inhabitants of Wisconsin; and unless there be some special obligation growing out of our relations to the Indians, of which I am not advised, I should not feel at liberty to employ counsel for the purpose indicated.

Very respectfully, &c.

A. T. Akerman,

Attorney General.

case of Kennedy alleged murderer


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