The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1868-06-29
Opinion of Judge Xerger.
JACKSON, Miss, June 9, 1868.
GEN. JOHN d. FREEMAN,

GEN. JOHN d. FREEMAN,
Dear Sir:-In reply to your question of
this date, / state that by the common law
a conspiracy is defined to be any comblna-
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, wrongfully to prejudice
third persons or the public are highly
criminal at the common law. -Consplracles
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. III two or more
persons unite together to effect any illegal
purpose it is conspiracy Any league or
combination of two or more persons to OBJ
struct pervert or defeat the course of public
instice, 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 pubnc' On
it, depends the maintenance OF Tree gov
arnmepts and the safety of the State. Any
attempt to interfere with its exercise by
fear. threats or intimidation of any kind, or
| to deceive aud defraud the voter as to his
riohts and duties, is great puollc wrong
anJ cannot be too highly stigmatlzed or
nnnished, And if two or more persons unite
| torather in a confederacy or league, for the
| nnrnose of intimidating voters, or by means
| ppf secret pledg ges or oaths not prescribed by
law TO bind the voters to pursue partlcu'
| 1or nolicv. to vote for a particular party, or
| TO snnport particular man or class OF men,
I or nv means of bribery, or threats, or lntlm-
| idation of any kind, to prevent the 1ree ex-
! ercise by every one, OF the IighG 10 FoUo'
| Sncb perssns and every one of them SO COM
Inning or leagueing together, are guilty OF
the crime of conspiracy, and may De lhulc-
'oI hova no personal knowledge of the pur-
| ,osa or objects of the secret political asso-
Citations they call :. Loyal Leagues.
'Tbat thew are secret political associations
linSo;ng their members to conceal from
,ba nnblie their objects and purposes-ls
S,fs Sns a;ant TO arouse grave doubts in the minds
c III r;obt- thinking men-of their lie ality
o,5 nronriety; and if it be true, as you nave
baen Informed, that they bind their members
bv q secret oath, to vote only Tor tneir parry
i nominees, and threaten punisnmeI1 ol auf y
,,,,on those who break the pledge. LII
;4ha +rna as YOU have been informed, that
| S ~ 70 GO Iaaoned together for the purpose OF
| ny - ~ q particular class of the commu-
p:e pr. s.o,,, yoting any ticket except such as
| NV n,ay he agreed upon by their party-anIu
at to effect that purpose, tney use tHt :.
";,+;midation, of any kind, or adopt any
oI IL ,,,aans to deceive or mislead the voter
oon1. ,rayant the free exercise OF ms J9ag.
anu tben thev are certainly, IN the nighes,
Irao crimiual and as such snouln oS lnuies M 80 ~
IVY soyerely punished. The pailol uo1 -, sSn'
not be leis @ .uo tbresfs. or intimidation, cannot
without tas,,iv ,est' w. guarded; and every one who
9e goGNS M ANY SOCIETY OK LEAu L:- th.a.s =. ~
the purpo esCp eTDt ET nATHS. of preventing OF
fear OF Voters from the free eXsTe,se Of tne
deteTr,f9s af ssnftrage is guilty Of HIGH oRtaa aia
agdiI ggainst the peace and we being E! thg sts
} prescribed py i""' Respectfully.
WILLIAM YERGEk-