Amos T. Akerman to William W. Belknap, 18 December 1871

Dec. 18, 1871. Hon. Wm. W. Belknap, Secretary of War. Sir: I have the honor to acknowledge the receipt of your letter of the 14th instant, inclosing papers in the case of C. S. Hamilton, who asks relief in a judgment obtained against him in the Circuit Court for the Eastern District of Wisconsin, for acts done by him as military duty while provost marshal for the Fourth District of Wisconsin, and inviting my attention to the endorsement of the Adjutant General, of the 11th instant. That indorsement is to the effect that the claim of Mr. Hamilton for indemnity is just, and that the account can be paid, with your approval, from the fund for collecting, drilling and organizing Volunteers, under the control of the Adjutant General, if this Department approves. You will observe that although Mr. Hamilton is now an officer in connection with the Department of Justice, being U.S. Marshal for the Eastern District of Wisconsin, the liability to which he has been subjected has no relation whatever to his present office, but grew out of acts done in the course of his duty as a military officer. Therefore it seems to me the subject of payment belongs to the War Department. I herewith return the papers. Very respectfully, &c. A. T. Akerman, Attorney General.