The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1868-06-30
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
conspiracy is defined to be any combina-
ton. 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 confederaces or
leagues whatever, wrongfully to prejudice
third persons or the public, are highly
criminal at the common law. ConsplFacles
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 conspiracy. Any league or
combination of two or more persons to OBJ
struct. pervert or defeat the course of public
iustice, to injure 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 pubic. On
IT, depends the maintenance OF tree gov
ernmepts and the safety of the State. Any
ettempt to interfere with its exercise by
fear. threats or intimidation of any kind, or
~ deceive and defraud the voter as to his
RIGHTS and duties, is a great pubhc wrong,
anil cannot be too highly stigmatlzed or
nnnished And if two or more persons unite
toretber in a confederacy or league, for the
nnrnose of intimidating voters, or by means
IF secret pledges or oaths not prescribed by
law TO bind the voters to pursue partIcu'
lar policy, to vote for particular party, or
10 snnnort a particular man or class of men,
or nv means of bribery, or threats, OF lntlm-
;dation of any kind, to prevent the tree ex-
ereise by every one, of the rlght TO Vote'
snch persons and every one OF them SO COM
bining or leagueing together, are guilty of
the crime of conspiracy, aud may De lhdlc-
have no personal knowledge of the pur-
nosa or objects of the secret political asso-
Citations they call Loyal Leagues"
That they are secret pollticaI ASSOCIATIONS
-nled rinc their members to conceal from
rhe pnblic their objects and purposes-ls
sufficient to arouse grave dOubts IN the minds
of all right-thinking men-of their le AMY
and nronriety: and if it be true, as you have
been informed, that they bind their members
by secret oath, to vote only tor their parry
nominees. and threaten punishment OF any
kind. upou those who break the pledge, II
- he trpa as Won have been informed, that
they are Ieagued together for the purpose OF
preventing a particular class OF the commu-
nitv from voting any ticket except such as
NAV be agreed upon by their party-anu u u
{ at to effect that purpose, they use tnreaVs
or intimidation of any kind, or adopt any
>,4h ~. ,naans to deceive or mislead the voter,
and prevent the free exercise OF h,s Jnag-
mant then thew are certainly, IN the highest
degree criminal. and as such should be indicted
| and ,eyerely punished. The ballot box can
.t at ho left too free. The right to vote freely,
witbout fear. threats, or intimidation, cannot
~ 70, FOO earefiillv guarded; and every one who
IONS Re ANY SOCIETY OR LEAGUE, for
the purposeby means Of intimldaOn, sipeats .,
Jeterring voters from the free exercise OF the
right of Suffrage, is guilty of a HIGH Cki ME
against the peace and wel-being OF me Srate rI ne
and should be subjected to the ZEN
/ prescribed by law. ..,,-
WILLIAM YERGER.