The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1871-12-25
Present State Gg shc Case I'm the United

Mcs>rs. johnson and >t;tubcry, having done
their work. will leave our city to-day. On
two questions which were raised by McsSrs.
johnson and stanbCry, the judges OF the
court. Judge Bond and Judge Bryan, stood
opposed in opinion. The first and most i'm
polt;it one is, Whether the court has juI'is
uiclion under The net cI 1870 TO try not only
con>plucitS a4;,ilist the right Of suffrage, and
10 punish them, according to the provisions
of that act. with the zines and Imprisonment
provided for i'll case Of siicn consI!racic>, but
whether, rs provided i'll the act, they can
also try parties accused Tor any other felony,
and punish them for such other felony WITH
the measure OF punishment provided for
such offence ~ the laws OF Soulh Carolina.
In many OF the cases the parties charged
with the conspiracy against the suffrage were
also CHARGED with other offences. such as
burglary and murder, committed at Tie same
tilnr, but independent Of and not in further
agcc OF the conspiracy itself. The question
whether that section Of the act which All
thorizes such jurisdiction is constitutional
las hccn certified on division of opinion to
the Supreme Court of the Uni!ed States for
its decision.
Tie other question, which has likewise
been certified TO tie Supreme Court on dl-
vision OF opinion, arises upon indictments
in which consp;i-iCics are charged against the
right to keep and bear arms, and the queS-
ton there is, Whether jurisdiction to try
conspiracy against the exercise Of that right
is vested in til" courts OF the United States
Of the two questions 50 certified, the first
is, in ail respects, tie most grave and M
port.Dt. Ii ii had happened that the Judges
Iia,! been united il the opinion that they llad
jurisdiction to try the cases Of murder, as TO
which numerous parties stood charged, then
nothing would lave been lett To those par
ties but TO submit 10 the consequences of such
a verdict rs nigh have been rendered against
them.
There are yet one or two questions, raised
lv MeSsrS johnson and StanGcrv, Oh winch
the opinion OF the court has not yet been de-
liycrcd. One relates to the right Of percmp-
tory challenge. and the other and the most
important OF the two is under which section
OF the act Of 1870 parties convicted Of COLI
Spiiacy against the suffrage are to be pun
ishcd. McSsrs. johnson and St;nbcry claim
that the punishment for that offence is fixed
by the fourth section Of the act rs INSIDE
mcanor. for which the Imprisonment cannot
exceed one ycGr whilst, OH the part Of The
Government, it is contendcd that the punish
mcnt is fixed by the sixth section OF the act
as Il felony, and in Which the term OF llnlrl-
sonment MAY extend to ten gears. We shall
await anxionSly to hear whether, upon those
points, the Judges are united or divided III
opinion. :.
1t is proper to add that the only mode in
which any question arising i'll these cases can
I've taken to the Supreme Court Of the United
States is upon division Of opinion between
the Judges. That is the rule i'll all criminal
cases, for in such cases no appeal or 'o'at q
error can &c taken to the Supreme Court oi
the United States.
We understand that the questions Which
have been or may be certified to the Supreme
Court will be decided by that tribunal at an
early Gay Of the present term OF that court,
and that McsSrs. johnson and Stanbery VIII
repair to Washington to argue them before
that tribunal In the mean time further pro
cecdin"S in all those cases involving the GlS-
putcd questions will DC suspended until the
decision of the Supreme Court is announced
In announcing the departure OF these dr-
tinguishcd lawyers we can but give express
sion to the public appreciation OF the V;lt'-
bic services they have performed Ill Dehai OF
our citizens prosecuted under the enforce
mcnt act of Congress and III bchaii OF tlle
principles Of civil liberty and common III"
violated i'll said act. WhilStnelther they nor
we can have any sympathy with outrases, ny
Whonsoevcr and wherever committed, tct
in enforcing the law it is not, we take II,
necessary to violate the law ana the CONSUME
ton. Nicssrs. johnson and Stanbery have
accomplished practical results and interpose,d
their legal strength between fettered people
and giant government. They have done
Well here. They go to Washington to renew
their fight before the Supreme Court OF the
country. May Heaven defend the right. we
thank MessIs. Johnson and Stanbery for the
services they have rendered in behalf of a
people ostIacised by the Federal Government
and plundered by the State Government;
and these thanks we render in behalf OF all
the people in sympathy with the move that
brought these eminent lawyers to our de-
fence Columbia Phenir.