Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1868-06-23
LARGEST CITY CIRCULATION.
Opinion Of Judge Ysrgsr on Loyal Leagues.


Opinion Of Judge Ysrgsr on Loyal Leagues
Judge VIM. Yerger, of jackson, Miss
in answer to request Of the Chairman
Of the Democratic Central Committee
thai he would give bis opinion as 70 the
legality or illegality Of secret leagues for
the purpose of controlling the ballot box,
has responded: ..li Aalalo
General John d. Freemani
DEAR SIN: In reply TO your question
of this date, state that by the common
Law conspiracy is defined to be any
combination, contederscy or league OF
two or more persons for q corrupt and
Illegal purpose or for effecting lawful
purpose by the use of unlawful means.
An confederacies or leagues whatever,
wrongiully to prejudice third persons or
the. public, are highly criminal at the
common law. Conspiracies have always
been greatly reprobated, and every per-
son participating in them is subject TO
indictment on information, and on con-
yiction may be fined or imprisoned,
or both fined aud imprisoned. II two or
more persons unite together to effect any
illegal purpose, it is conspiracy. Any
league OF combination Of two or more
persons to obstruct, peryert or defeat the
course of public Justice, 10 inJure the
public health or to effect any public mis-
chief, is conspiracy, and as such may
be indicted. aH
The free exercise of the right to vote,
or of the elective franchise, as 1t is
called, is of the utmest Importance to the
public. On it depends the maintenance
of free governments and the safety Of
the State. Any attempt to interfere with
its exercise by fear, threats or intipida-
ton of any kind, or to deceive and de-
fraud the voter as to his rights and du-
ties, is great public wrong, and cannot
he too highly stigmatized or punished.
Aud 1.-two or more persons unite togeth-
or in confederacy or league, for the
purpose of intimiiating voters, or by
means of secret pledges or oaths not
prescribed by law, to bind the voters to
pursue particular policy, to vote for
particular party, or TO support particu.
lar man or class of men, or by means of
bribery, or threats, or intimidation of any
kind, to prevent the free exercise by
every one, of the right to vote, such per-
sons and every one OF them so combining
or lesgueing together, are guilty of the
crime of conspiracy, and may be indicted
for it.
I have no personal knowledge of the
purpose or objects of the secret political
associations they call Loyal Leagues"
That they are secret political associa-
tions-pledging their members to con.
ceal from the public their objects and
purposes--is sufficient to arouse grave
doubts-in the minds Of all right.think-
ing men-of their legality and propriety;
and if it be true, as you have been in
formed, that they bind their members by
O secret oath, to vote only for their party
nominees, and threaten punishment of
any kind upon those who break the
pledge. If it be true, as you have been
informed, that they are leagued together
for the purpose of preventing particu-
lar class of the community from voting
any ticket except such as may be agreed
upon by their party--and that to effect
that purpose, they use threats or intimi
dation, af any kind, or adopt any other
means to deceive or mislead the voter.
and prevent the free exercise of his judg-
ment, then they are certainly, in the
highest degree criminal and as such
should be indicted and severely punished.
The ballot box cannot be left too free.
The right to vote freely without fear.
threats, or intimidation, cannot be too
carefully guarded; and every one who
Joins any society or league, for the pnr
pose--by means Of intimidation, threats,
fear, or secret oaths, of preventing or
lettering voters from the free exercise
of the right of suffrage, is guilty of |
high crime against the peace and we'll
baing of the State, and should be sub
jected to the penalties prescribed by
law. Respectfully, VIM YERGER.