Amos T. Akerman to D. T. Corbin, 6 December 1871

Dec. 6, 1871. D. T. Corbin, Esq. U. S. Attorney, Columbia, S. C. Sir: Your letter of the 2d inst. enclosing a list of the persons arrested by the military authorities in York, turned over to the U. S. Marshal, has been received. I desire that at your earliest convenience you will transmit a list of the other arrests by the military, showing the disposition of every prisoner. In my classification which I advised in my letter of the 10th ultimo, it was my intention that all persons arrested by the military, no matter to which class they belonged, should be formally delivered to the Marshal, as required by the third Section of the Act of April 20, 1871; that after they were thus in the custody of the civil officers, those whom it should be inexpedient to detain in custody should be released upon bond taken by Commissioners, with the consent of yourself as the prosecutor for the Government; or without bond by similar consent. Although a release without these formalities is really the more merciful course to guilty persons, yet it may not be understood everywhere, and ill-disposed persons might represent the informal discharge as proof of a groundless arrest. I suppose that in every case where the party was informally discharged, he either confessed his guilt, or voluntarily tendered bail. But it is important that these facts should appear, and therefore I wish for the report above mentioned. Very respectfully, A. T. Akerman, Attorney General.