In Whitman's Hand

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Title: Amos T. Akerman to D. T. Corbin, 23 November 1871

Date: November 23, 1871

Source: 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.

Location: National Archives and Records Administration

Whitman Archive ID: nar.02195

Contributors to digital file: Elizabeth Lorang, John Schwaninger, Anthony Dreesen, and Nima Najafi Kianfar



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Nov. 23, 1871.

D. T. Corbin, Esq.

U. S. Attorney,

Columbia, S. C.

Sir:

The forms of indictment enclosed in your letter of the 17th instant have been carefully considered in this Department, and the only suggestion it is deemed worth while to make is that something like the matter of the enclosed memorandum shall be inserted at the proper places in forms one (I) and two, (II) and in the other forms when the cases are analagous.

At the foot of the memorandum you will also find a list of authorities which may perhaps be serviceable to you.

It is not probable, in view of the pressure of business here, that I shall be able to attend the Court at Columbia. I will communicate on the subject of assistance in a day or two.

Very respectfully,

A. T. Akerman,

Attorney General.

(Memorandum.)

In Forms 1 and 2, after "Approved May 31, 1870, insert the following in lieu of the Section

. . . . by unlawfully hindering, preventing and restraining divers male citizens of the United States of African descent, above the age of 21 years, qualified to vote at any election by the people in said county, district, and State, from exercising the right and privilege of voting—and by other unlawful means not allowing them, the said male citizens, to vote, at an election by the people, then and there being held, [ or, if the election was to take place at a future time, insert after "people," to be held on the                day of                A. D. 1871, within the county, district and state aforesaid;] against the peace and dignity of the United States, and contrary to the statute in such case made and provided

As to the sufficiency of an indictment for conspiracy without specifying the particular persons intended to be injured, see also Rex v. De Berenger, 3 M & T. 67; cited also Russ. on Crimes, 679. See also Commonwealth v. Haily, 7 Metcalf (Mass.) R. 506; Commonwealth v. Judd, 2 Mass. R. 329.


forms of indictment &c.
S. C.


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