The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1868-06-26
Opinion of Judge YerSer.
JACKSON, Miss, June g. 1868.
GEN. JOHN D. FREEMAN,

NJEN. JOHN IL. hEEMAN,
Dear .Sir:-In reply to your question of
this date state that by the common law
a conspiracy is defined to be any combina-
ton, confederacy or league of two or more
nersons for a 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 Conspiracies
have always been greatly reprobated, and
every person participating in them is sub
iect to Indictment or information, ana 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
struct, pervert or defeat the course of public
instiee. 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
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
ripbts and duties, is a great public wrong
and cannot be too highly stlgmatlzed or
nunished And if two or more persons unite
togetber i'm eonfederacy 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 policy, TO vote for particular parry ol
To snpport a particular man or class of men,
or by means of bribery, or threats, or lntlm-
idation of any kind, to prevent the free ex-
aroise nv every one, of the right to vote,
sueh persons and every one of them so COM
bining or leagueing together, are guilty OF
the crime of conspiracy, and may De lndlc-
ted for it. e.,
nosa or objects of the secret political asso-
Citations tbey call Loyal Leagues"
That thev are secret political associations
,,laar rino their members to conceal from
the public their objects and purposes
sufficient to arouse grave doubts IN the MINDS
of ALI right-thinking men-of their lie ailty
and propriety; and if it be true, as you nave
been informed, that they bind their members
bv a secret oath, to vote only for their party
nominees. and threaten punishment OF any
I;r51 pron those who break the pledge. LII
II he true. as you have been informed, that
they are leagued together for the purpose OF
preyenting a particular class OF the commu-
nity from voting any ticket except such as
nav he agreed upon by their party-and
4 at to effect that purpose, they use threats
ar ;ntimidation, of any kind, or adopt any
otbar means to deceive or mlslead the voter,
and nreyent the free exercise of his Judg-
ment then they are certainly, IN the highest
degree criminal and as such shoahn % pc hn naice en
nnt he left too free The right to vote freely,
VIII Without 20 fear threars, or intimidation, cannot
he too carefully guarded; and every one who
JOINS ANY SOCIETY OR LEAu aE, = lor
fasrp or SECRET OATHS, Of preventing on
Seterring voters from the free exercise Of the
rieht Of Suffrage, is guilty OF a HIGH GRIM \
AGAINST the peace and wellbeing OF the State. Ia
and should be subjected to the PENALTIES
| prescribed by law
WILLIAM YERGER. e