The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1868-06-25
Opinion of Judge Yerger.
JACKSON, Miss, June 9, 1868

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 combina-
tion. confederacy or league of two or more
persons for corrupt and illegal purpose or
for effeetino 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. 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 oD-
strnct pervert or defeat the course of public
iustice. to iniure the public health or to eff
feet any public mischief, is a conspiracy
and as such may be indicted.
fI7ba free exercise of the right to vote, or
of the Collective franchise" as 1T is called, Is
of the utmost importance to the public On
IT. depends the maintenance OF tree gov
ornments and the safety of the State Any
ottamnt to interfere with it's exercise by
faar threats or intimidation of any kind, or
70 deceive and defraud the voter as to his
riobts and duties, is a great pubnc wrong,
anil cannot be too highly stigmatlzed or
+ nnnished. And if two or more persons unite
TOGETHER in a confederacy or league, for the
purpose of intimidating voters, or by means s ms
| IF secret pledges or oaths not prescribed Dy
law to bind the voters to pursue partlcu-
lar policy, to vote for particular party OF
! - srnnort a particular man or class OF men,
+ or hv means of bribery, or threats, or lntim-
| ;dation of any kind, to prevent the 1ree eX-
| ercise by every one, of the rlgnt TO VoCe'
such persons and every one OF them SO COM
| ONS~ OnlltV OF
| tbe crime of conspiracy, and may De lnolc'
V' hove no personal knowledge of the pur-
..osa or ohieets of the secret political asso-
pp;ations pJi thew call Loyal Leagues
That thev are secret political associations
| -nledoinr their members TO conceal IRON
-he nnblic their objects and purposes-ls
w 0le q f;a,+ 10 arouse grave doubts in the minds
% al r;obt-thinking men-of their lie ality
" "a ,,ronriety and if it be true, as you nave
hna 9o,, in formed that they bind their members
80 80 saorat oath. to vote only for their party
nominees. and threaten puulsnment Oh an
L;nd npon those who break the pledge;
IL he true, as you have been ln1orineo' elita' =
tbay are leagued together for the purpose .
Cnoy y,at;ng ~. 5 particular class of the commu'
.,;tv from voting any ticket except such a:
nisy fo aoreed upon by their party-ane
may - effect that purpose, they use tnreat
as sa+;m;dation. - of any kind, or adopt an!
otbar means to deceive or misiead the so.el !
I'D nreyent the free exercise OF ms Iuus
ment, then they are eertahnSS SSo,,Id NJ he indicte
} ueSre ee,.araIv n1lnished. The ballot box can
be LEFT too free The intimidation, S
without fear, tnreaa, sas,ded: Cd and every one VIII
! be % too caseaSlss aNY SOCIETY OR LEAGUE, fo
Joite1 Jo,-oseN - nv means of intimidation tnreat
snar o ar SECRET OATHS, OF press;nslnfS p;na ~ -
detefr,f9g ~ gsnttrage, Mirage is guilty of HIGH GRIN
rgd1 gost 9t the peace and wen Of the TIt sraE
agaa'a5Ss aga Should Id Be subjected to the PENALilE
4 prescribed w Respectfully.
WILLIAM YERGER-