The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1868-06-24
Opinion Of Judge Yerger.
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 eomblna-
tion, confederacy or league of two OF 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. Consplracies
have always been greatly reprebated, and
| every person participating in them is sub
| iect to Indictment or information, and on
conviction may be fined OF imprisoned, or
both fined and imprisoned. If two or more
nersons unite. together to effect any Illegal
purpose, it is a conspiracy Any league or
combination of two or more persons to OBJ
struct, pervert or defeat the course of public
iustice, to iniure the public health or to eff
feet any public mischief, is 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
7 it. 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 az to his
riobts and duties, is great public wrong,
anil cannot be too highly stlgmatlzed or
nunished. And if two or more persons unite
tooether in a eonfederacy or league, for the
purpose of iHtimidating voters, or by means
of secret pledges or oaths not prescrlped py
law. TO bind the voters to pursue partlcu-
lar policy, to vote for a particular party, or
! to support particular man or class OF men,
I or nv means of bribery, or threats, or lntlm-
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
tbe crime of conspiracy, and may be indie
ted for 1T. -.
have no personal knowledge of the pur-
nose or objects of the secret political asso-
citations they call Loyal Leagues"
= That they are secret political associations
-pledging their members 60 conceal from
The public their objects and purposes
sufficient to arouse grave douoes IN 1ne in1nus
of all right-thinking men-of their lie aiity
and nronriety; and if it'll be true, as you have
been informed, that they bind their members
~ a sacret oath, to vote only for their party
nominees, and threaten punishment OF any
bind 'ppofl those who break the pledge LII
Il he true, as You have been informed that
they are 1eagued together ior tne purpose oi
nrayenting a particular class OF the commu-
;t,- frono Voting any ticket except such as
r,ay he agreed upon by their party-and
! Sat To effect that purpose, they use tnreats
or intimidation of any klnd, OF a9ops any
otbar means to deceive or mlsleau the Noter'
spd prevent the free exercise OF ms JUG
a,snt anu then they are certainly in the highest
ang eyerey punished The ballot Fof 6of eep
s free Te nns ia soos cannot
Wltnott t,afs,',iv isSs' puarded: and every one who
be 9et%s too eaFssSYllss rev ssocIETY OR LEAGuE, for
soam Sfnti@idarSp threats or
SECRET Un ohTabs tbe ree @ sReercse o the
deterrlf9g ,tSre1s is guilty of HIGH CRIME
r,gas y the peace and wel7being Of aae sIaIs i
agaaln5be aga n5oud be subjected tothe PENtA PEN LILIES
prescribed by law. pos,,ectfa,lv.f asvsa I
WILLIAM YERGER.i