The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1868-06-23
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 combina-
tion. 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 confederacies or
leagues whatever, wrongf9iiy to prejudice
third persons or the public, are highly
criminal at the common law. Conspiracfes
have always been greatly reprobated, and
every person participating in them is sub
ieet 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 a conspiracy Any league or
| combination of two or more persons to OBJ
struet, 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 tbe 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
faar threats or intimidation of any kind, or
To daceiye and defraud the voter as to his
riohts and duties, is a great public wrong,
and cannot be too highly stigmatized or
nunished And if two OF more persons unite
tooather in a confederacy or league, for the
nnrpose of intimidating voters, or by means
of secret pledges or oaths not prescribed by
law. TO bind the voters to pursue partlcu
lar nolicy, to vote for a particular party, or
! 70 snnport a particular man or class of men,
or by means of bribery, or threats, or lntIm-
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
leo f0UpfhAr. are guilty OF
the crime of conspiracy, and may be Indie
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 TO cohceai Iro.il
the pnblic their objects and purposes
snf4ieient 10 arouse grave doubts in the minds
of all right-thinking men-ot their le ailty
| an,l pronriety: and if it be true, as you have
| been informed that they bind their members
nv secret oath, to vote only for their party
nominees and threaten punishment Oh any
kind upon those who break the pledge Ii
it be true, as you have Deen lnIornleu, snas ~
tbev are leagued together for the purpose OF
nreyenting a particular class of the commu-
nitv from voting any ticket except such as
e,,oy Ia aureed upon by their party-and
| AZ To effect that purpose. they use threats
| or intimidation, of any kind, or ADOPT any
| other means to deceive or mlsiead the voter
and nreyent the free exercise of his Judg-
mentl then they are certainly, IN the highest
dnrree eriminal and as such should be indicted
and severely punished The ballot & eoT Srssln can
not bc left too free. The right to vote iFeely,
;s,o,t NJ - fear threats or intimidation, cannot
Se tor too carefully guarded; and every one who
| 9s 9oI%S M "a ANY SOCIETY OR LEAGUE, fol-
the bur purpose-by means Of intimidation, threats
fear or SECRET OATHS, OF preventing OF
.a.a;a - voters from the free exercise OF the
rsb p,ght Of suffrage, is guilty Of a HIGH 1 CRIME
agSainst the peace and well-being OF the State
and should be subjected to the PENALTIES
piessi lOe Respectfully,
i ~ = WILLIAM YERGER.