The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1868-06-22
Opinion of Judge Yerger.
JACKSON, Miss, June 9, 1861
GEN. JOHN D. FREEMAN,

GEN. JOHN d. FREEMAN,
Dear Sir:-In reply to your question of
this date, Estate that by the common law
a conspiracy is defined to be any combina-
tion, confederacy OF league of two or more
persons for a 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. 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
persons unite together to effect any Illegal
purpose, it is conspiIac Any league OF
combination of two or more persons to OBJ
struct, pervert or defeat the course OF public
Justice, 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, OF
of the elective franchise" as it is called is
of the utmost importance to the public. On
il, depends the maintenance of free gov
ernments and the safety of the State. Any
attempt to interfere with its exercise by
fear, threats or intimidation of any kind, or
TO deceive and defraud the voter to his
rights and duties, is a great public wrong,
anil cannot be too highly stigmatized or
punished. And if two or more persons unite
tooether IL ? confederacy or league, for the
purpose of intimidating votefssy- or by means
of secret pledges or oaths not prescribed oy
law to bind the voters to pursue a paTSlcu'
lar policy to vote for a particular party; e.
] to support particular man or class of men,
or by means of bribery, or threats. or intim-
idation of any kind, to prevent the free eX-
ercise by every one, of the right to vote,
such persons and every one of them so COM
bining or leagueing together, are guilty of
the crime of conspiracy, and may be indie
ted for 1T.
/ have no rsonal knowledge of the pur-
nose OF objects of the secret political asso-
Citations they call Loyal Leagues"
That they are secret political associations
-nledoinp their members to conceal from
the public their objects and purposes-is
sufficient to arouse grave doubts IN the minds
of all right-thinkng men-of their lie allty
and propriety; and if it be true, as you have
been informed, that they bind their members
by secret oath, to vote only for their party
nominees and threaten punishment of any
kind upon those who break the pledge. IT
II he trne as YOU have been informed, that
thew are leagued together for the purpose of
| preyenting a particular class OF the commu-
nifty from voting any ticket except such as
nav be agreed upon by their party-and
( at TO effect that purpose, they use threats
or intimidation, of any kind, or adopt any
other means to deceive or mislead the voter,
and prevent the free exercise of his Judg-
mant then they are certainly. IN the highest
degree degree eriminal.and as such should be indicted
and seyerely punished. The ballot box can
not be left too free. The right to vote freely,
without fear thresrs, or intimidation, cannot
| he FOO carefillly guarded: and every one who
JOfSs- ANY SOCIETY OR LEAGUE, for
| he n,lrnose-by means Of intimidation, threats,
| fear. or SECRET UATHS, of preventing or
! 5atarrino voters from the free exercise of the
r;sbt of suffrage. is guilty of HIGH CRIME
AGAINST the peace aud well l-being Of the State,
aS 80 81. sbonld he subjected to the PENALTIES
- Respectfully,
WILLIAM YERGER.