The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1868-06-19
Opinion of Judge Yerger.
JACKSON, Miss, June 9, 1868.
GEN. JOHN d. FREEMAN,

GEN. JOHN ID. FREEMAN,
Dear Sr:-In reply to your question of
this date, state that by the common law
a conspiracy is defined to be any combina-
tion, confederacy or league of two or more
persons for corrupt and illegal purpose or
for effecting lawful purpose by the use of
unlawful means. All confederacies or
leagues whatever, wrongfnlly to prejudice
third persons or the public, are highly
criminal at the common law Conspiracies
have ALWAYS been greatly reprObated, and
every person participating in them is sub
iect to Indictment or information, and on
conviction may be fined or imprisoned, or
both fined and imprisoned. If two or more
narsons mite together to effect any illegal
nurpose it is a conspiracy Any league or
combination of two or more persons to OBJ
struet pervert or defeat the course of public
iustiee. to iniure the public health or to eff
feet any public mischief, is a conspiracy,
and as such may be indicted.
The free exercise of the right to vote, or
of the elective franchise" as it is called, is
of the utmost importance to the public On
IL. depends the maintenance of free gov
ernmepts and the safety of the State. Any
attempt to interfere with its exercise by
fear. threats or intimidation of any kind, or
70 deceive aud defraud the voter as to his
RIGHTS and duties, is a great public wrong,
op1 cannot be too highly stigmatiZed or
nnpished And if two or more persons unite
tooetber in a confederacy or league, for the
nnrpose of intimidating voters, or by means
| of secret pledges or oaths not prescribed by
law, to bind the voters to pursue partlcu'
| 1ar noliey. to vote for particular party, or
! 10 snnport particular man or class of men,
| or bv means of bribery, or threats, or lntlm-
| ;dation of any kind, to prevent the Tree ex-
| ercise by every one, of the right TO vote,
! sncb persons and every one of them so com
bining or leagueing together, are guilty OF
! the crime of conspiracy, and may De lndlc-
ted for IT. &c a.,
,osa or objects of the secret political asso-
Citations they call Loyal Leagues
'Tbat thew are secret political associations
-,ladr;no their members to conceal from
rbe nnblic their objects and purposes-ls
sufficient to arouse grave doubts IN the mlnos
| of all right-thinking men-of their ie ahty
I'd nronriety: and if it be true, as you have
%ae,, in nformed. that they bind their members
~ secret oath, to vote only for their party
nono;nnas and threaten punishment OF any
t;n5 unon those who break the pledge III
! - he true. as YOU have been informed, IhaI
thew are leagued together for the purpose OF
nreyenting particular class OF tne coilli u u
| nity from voting any ticket except suon q
~ to effect that purpose, they use tnrea1s
or ;ntimidation, of any kind. or adopt any
- means to deceive or msiead the voter
ond nrevent the free exercise OF nus Juus.
anu them thew are certainly. IN the highest
degree criminal and as such snouin oe lhoioaeo
aeg'ee ng eyereIy punished. The ballot box car, can
ot ot be left too The right to vote snnS isTeS
,r;,bont fear. thraafs, or Intimidation, eannol
Wi.noua .lo unarafnliv guarded; and every one who
pe 1eT%s TSU cal, ANY SOCIETY OR LEAGUE. fol
yOiMS ,s,nase- n by means If Intimidation threats
s fear or SECRET oATHs Of preysnnnfg roIs M 10, d
deterring voters from r ;ts the ,fee HIGH CRIMT
rgn1 ~ the peace and being Of the otate
aga'nsst s,,Id Id he subjected to the PENALTIES
prescrlpeu ~ Respectfully.
WILLIAM YERGER.