Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1870-12-02
THE UNITED STATES CoURT.
sssss 70 me

Fourfeenfh ent-Charge of
Judge Emmons TO the Grand Jury.
Judge Emmons on Wednesday last de-
livered lengthy charge to the Grand
Jury Of the United States District Court.
After giving the jurors some instructions
as to their duties and the manner of
transacting business, he read an extract
from the opinion Of Judge Benedict, Of
New York, as to offenses under the act
of 1870 in reference to election and natu-
ralization laws. The extract is as fol-
lowsisoslbaM ~ ea
| next call attention to the laws in
tended TO regulate elections and prevent
frauds at the ballot-box. Statutes OF
this class, like those of other classes al,
ready mentioned, were formerly found
upon the statute books Of the State alone,
and we're, therefore, enforced in the
tribunals of the State by the State Off
GERS. They now stand upon the statute
books of the United States. The statute
is intended to protect the rights OF the
citizens at the ballot-box-rights which
must always be protected by statutory
enactments. AS TO the wisdom OF cast
ing upon the courts Of the United States
the duty of enforcing laws Of this class !
do not speak; for with that cues
ton you have nothing TO do. Dues
tons respecting the force and effect
of these enactments may perhaps be
raised, and at a proper time will be care
fully considered by the court and con-
scientiously decided; but for your action
the plain words Of the law must be your
guide. By virtue of the twenty-second
section Of the act you may consider the
laws of the State which determine the
duties of officers of election, at which a
Representative in Congress shall be voted
for. You may, therefore, be required to
examine into the method in which officers
of election discharge their duties at such
elections as are within the proper scope
Of the statute. In addition to the State
officers of election there are United
States officers, who are charged with GER
tain duties, and any neglect Of duty on
their part should also be inquired into.
You will find provions calculated to pro-
tect these officers from molestation in
the discharge Of their duties. Every
person is liable to Indictment by you,
who shall aid, counsel, procure or advise
any person, voter or officer, TO do any
act which is by this statute made crime,
or to omit any duty, the omission OF
which is by act made crime.
Judge Emmons charged as to the
Fourteenth Amendment as follows:
The third section to the Fourteenth
Amendment to the Constitution is as
follows: "No person shall be Senator
or Representative in Congress, or elector
of President and Vice President, or hold
any office, civil or military, under the
United States, or under any State, who,
having previously taken an oath as
member of Congress, or as an officer OF
the United States, or as an executive
or judicial officer of any State, to sup
port the Constitution of the United
States, shall have engaged in insurree-
ton or rebellion against the same, or
given aid and comfort to the enemies
thereof; but Congress may, by vote OF
two-thirds Of each house, remove such
disability"
The fifteenth section Of the Act of
1870, to enforce this Constitutional pro-
vision, reads: :.
"Sec. 10. And be it further enacted,
That any person who shall hereafter
knowingly accept or hold any Office un-
der the United States, or any State, to
which he is ineligible under the third
section of the fourteenth article of
amendment of the Constitution of the
United States, or who shall attempt to
hold or exercise the duties of any such
office, shall be deemed guilty of a INSIDE
meanor against the United States, and
upon conviction thereof before the Cir
cult or District Court of the United
States, shall be imprisoned not more
than one year, or fined not exceeding
one thousand dollars, or both, at the
discretion of the Court"
The section subjects several classes Of
officers, State and national to its pro-
visions. Without perplexing You with
difficult classifcatiohs or nice distinc-
tons between political, judicial or exec
utive officers charge you that it in
cludes all officers. After some reflection
| can think of none which do not come
within the description of the amend
ment.
If, therefore, any officer guilty of these
offenses shall accept any office, he is an
offender.
The amendment and law apply to Of
lenses committed before, as well as after
the adoption of the one and the passage
of the other. There has been much, and
will undoubtedly be more, discussion of
this question, but you will without any
hesitation, literally apply these provi-
sions.
The oath which shall have been taken
need not be in the precise words Of the
amendment: To support the Constr
tuition of the United States" That in
strument, Art. G, See. 3, provides chat
all officers, executive and judicial, both
Of the States and United States, shall be
sworn to support the Constitution of the
latter. Under this provision there has
been slight differences in the forms Of
these oaths, but all are conceded to
comply with itwhen substantially, though
not literally, they include an obligation
to the Federal power. You will make
no criticism, therefore, Of this kind, but
assume that all oaths are sufficient where
the officer has been sworn into office in
the usual form adopted in this State.
After commenting at length on the
provisions of the third section, Judge
Emmons said: lrt
When the majority in a State, in def
anee of the Constitution, elect ineligible
men to office, it is not so much the often
siveness Of the men, not their supposed
incapacity for office, but the fearful con-
sequences upon the government itself,
its future influence aud power Look
ing to the past the lesson with such un-
punished violations of the Constitution
teach the young men of the country is
feared. Let me ask you as men Of com
mon sense, lift shall prove true that great
numbers of the leading offices of Ten
nessee are filled in contemptuous dis
obedience Of the Constitution, and in the
defiant purpose of causing those Offices
to be continually held by the aid of those
litigations and delays which the imper-
fection of our Government organism, or
the criminal neglect of those in power
may perhaps render effective, is there
not in these extraordinary conditions a
most popular and powerful argum tent