The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1868-06-27
Opinion of Judge Herger.
JACKSON, Miss, June 9, 1863.
GEN. JOHN D. FREEMAN,

GEN. JOHN d. FREEMAN,
Dear ir:-In reply to your question of
this date, state that by the common law
a conspiracy is defined to be any comblna-
tion, confederacy or league of two or more
persons for a corrupt and illegal purpose OF
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. 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
nurpose it is a conspiracy. Any league or
combination of two or more persons to OBJ
struct pervert or defeat the course OF pubic
Justice, to injure 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
IL. 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 as to his
RIGHTS and duties, is great public wrong,
anil cannot be too highly stigmatized or
nunished And iftwo or more persons unite
togetber in a confederacy or league, for the
nnrpose of intimidatlng voters, or Dy means
of secret pledges or oaths not prescribed Dy
law. to bind the voters to pursue partlcu'
| lar policy, to vote for particular party OF
! to supuort a particular man or class OF men,
I or Inv means of bribery, or threats, or lntlm-
| idation of any kind, to prevent the free ex-
arc;sa nv every one, of the right to vote,
snch persons and every one OF them SO COM
b;ning or leagueing together, are guilty OF
the crime of conspiracy, and may De lnolc-
ted for it. ,e.p
nose or objects of the secret political asso-
ep;ot;ons thew call Loyal Leagues,
Tbat they are secret political associations
rladgino their members to conceal from
,be nnbIic their objects and purposes-is
sufficient to arouse grave doubts IN the mlnds
of all right-thinking men-of their le AMY
| and propriety; and II 1T be true as you naNo .
haen Informed, that they bind their members
Hy a secret oath, to vote only for their party
ona;naes and threaten punishment OF any
i;nd mon those who break the pledge III
n IL +rpa as YOU have been informed. that
tbey are leagued together for the purpose oi
rreyenting a particular class OF the comHu-
nitv from voting any ticket except such as
may be agreed upon by tneld paa's 3shraatS
Z at TO effect that purpose, they use tnrea.s
~ ;n+imidation, of any kind, or adopt any
othor means to deceive or mlslead the VOTER
and prevent the free exercise OF ms s;ghast 1be
T,ont then they are certainly, In the nlgness
degree eyarely crr@y" punished The ballot box can
anu he eft too free. The right to vote freely
VG Without OF ans s1sIS one %Sc
be TOO car, Nv SOCIETY OR LEAGUE, for
fne fsr or SECRET oATHs of preventing N ,S o.
deterrng voters gT the IF fes HIGH Ne
rlgnt ol tha nesce and we'll being of the state
aga'sSSS aga aSould Id be subjected to the PENALTIES
prescribed by law Respectfully.
WILLIAM YERGER.