The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1851-03-17

STATE OF LOUISIANA u.s. MICHAEL READ.

STATE OF LOUISIANA rs. MICHAEL READ.
Iad;e,mest for seditioas Vords Spoken.
All indictments ~ nnder si'iutss especially % the most
definition OF the offence the act to bring the accused
q In indictment under the statute of the 18th March,
$780, for words spoken. calculated to produce discon
hs so9r9d Or ao to xse m
chsrge crmln, intsati that the accused teoHtoasly,
slaves or persons of color.
EusrIs, CH. J.,-Delsered the opinion of the Court
This appeal taken by the accused from judgment of the
Court of the Seventh District sitting in The Parish of West
Fecaua, by which he sentenced to be confined hard
labor in the Pentenary for the of five years, and to
pay the OF prosecution. he indicted and found
guilty under approved the 16h March, 1880.
entitled " act punish the crimes therein mentioned and
for other purposes"
The under which the indictment was framed is in
these wo,ds
g Be il further enacted That whoever shall make
language in public discourse irm the bar, the bench The
male of language private dcourse conversations.
or shall make use Of signs actions hacing tendeney
produce discomfort he free coored population this
State or To excite igsubod nation the slaves therein
Or wlososver snal knowingly be instrumental in bringing
INTO this State amy paper pamphe book. having such
tendency rs aforesaid shall coaycon hereof before
labor. not es than three years nor than twenty
r.. Sssh % ae9n q The sbt.
the Parish OF West fecsna, and State of Louisiana yeo
eght bn.dred and fifty with zee and arms
a. the Parh ioresa ard state stossa d. DID, in pub ic
substance aud the effect ,h is say. negroes
@ m e he % msana dna ss e he msn OF afe the
Parish and State aiore AID this free country meaning
s snr ana and a s5s me
s as as S e sa ad @
then and there have tendency to produce discomfort
insnhordDaon among the slaves therein, contrary
the form of ths statute in ,ueh cases made and provided in
against the peace and dignity OF the same
The Jury found the accused guilty in and form
charged in the Indictment, and recommended him the
mercy OF the Court.
The counsel appointed by the Court defend the accused
moved the judgment the grounds that the crime
sufficiently and positively stated in the Indictment
that the ed is charged with criminal intent in
ueng the words alleged have been spoken and that the
Indictment does particular words to have been
uttered which would subject him criminal prosecution
but charges him with having, in public discourse made
of and uttered the following language in substance, and to
the effect, etc.''
The motion the Judgment overuled, and the
has been argued before by the Attorney General and
the counsel for the ed the grounds urged in support
Of the motion in the Court below
We understand that the rules concerning indictments
Common Law, elae generally 10 indictments for crimes
der statutes and that whatever precision ia required in hs
in the Others and that IL often insufficient
merely the description OF the offence given The
statute by which it is created 1t is laid down in
terms, in elementary works the Criminal Law, that all in
dictmens under statutes, especially the most penal,
all the circumstances which constitute the definition
the offence The act bring the defendant within
Pide the King N. and ohers6th East Reports, All
The indictment contains charge of any criminal intent
and the word feononsty which necessary in Indictment
for felony, is omitted is there equivalent word b.
found in this Indictment is it charged that the word
uttered in the hearing Of slaves persons
color This not be essential in all under the
but under the naked charges of this Indictment, which
repeat merely the words OF the statute, allegation OF hi
kind would be in order to constitute offence.
The statute makes it criminal TO make of languag
having tendency to produce certain evils
Our impression is, that besides setting forth the word
made Of in the Indictment, ought such aver
lnens and nuendoes establish its tendency and rea
ton in which they spoken rendering the language in
teIIgbe aud application the EVIL intended to be reache
by the statute evident The words Of the statute, havn.
tendency comprehensge and vague without pope
ayernents. indicating the tendency and sufficient expanato
and references as to the words spoken, the
would have the of defence, which ndctmen
drawn with tho precision and certainty which the law
Ques, woud afford to hm. Our inquiries have not led
discover precedent oil indictment like this having bee
sustained.
The requisites of indictments for sedous words and IL
yhel. afford examples which consider safeguidt
although the not identical.
1t is urged behalf ofthe State that the statute does
require criminal intent TO constitute the offence; and tn
it is not TO alege it, nasnuch malice
inferred from the language ITSELF without
sic proof oft But in this there avemsnts, eie
ences or inuendoes concerning the language used wht
establish the inference. We understand the rule be til
the charge must be sufficiently definite and expcito suppo
ITSELF and latitude of intention be allowed to inclu
any thing than is expressed I'd Burrows, l127
Maue Il Selwyn, 3Sl Chlty's edition of Blackstone,
vol, y. 800; and notes.
The other obeetion taken by counsel the validity of
Indictment is, TINT it does not pulpor to state the
uttered, but the substance and effect Of them The ndi
charges that the accused did in pu DISCOURSE
of and utter tn following language, in substance
effect - " that is y"
The Attorney General contends that the words " in
and the etiec'' be considered surplusag
md nal thattb Tho IpiIa will than
utter the following language. that is to say and is
cent.
1t appears that the suppression of these words
violate the of the Indictment and that these words
intended to qualify those which precede them The indi
nen certainly does purport give the language
but the substance and effect oft
When mans liberty and life put in jeopardy for
guage made Of we think the language used ought to
charged in tile indicment where words the gst of
oifence they must be set forth in the indictment with
same rarticuarity for libel Where words are laid
an oven act OF treason, it sufficient forth the susta
OF 'hsm for they not the gst of the offence but the pro
or evidence OF it. Archbolds Criminal Peadings, %
For these reasons it is therefore ordered adudged
deereea that the Judgment the Court below this case
arrested.
Sheridan Knowles, it is said, is about to appt
as polemical writer. He has announced the D,
lication OF volume, entitled "The Idol Dem