The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1871-12-06

trary, &c." and the jurors, &C., 'do further
present that said Allen Crosby, de-, In the act
OF committing the offence aforesaid, DC, q
dwelling house OF the said Amzi Riiney, &C..
burglariously did break aud enter, with Intent
to commit felony, and that the said Al
len Crosby, &C., in the said dwelling house
being. in and upon the said Amz Rainey, un-
lawfully, maliclously aud feloniously did make
an assault; and the said Allen Crosby, &C., In
and upon the head, shoulders and back OF the
said Amzi Ralney, then and there unlawfully,
maliciously and feloniously did strike, cut
said AmA Rainey some serious bodily harm,
contrary to the form OF the statute In such
cases made and provided, and against the
peace and dlgnity"-of what! Ofthe State Of
South Carolina This last, ifthe court please,
Is q material averment in all indictments. If
the gentlemen wish 1t can certainly produce
authority, but when speak In tbls way to the
court, and state questions OF law, | DO not
state them unless am certain that am sup.
ported by the authorities. In England as well
as In this country this conclusion to on In.
dictment Is material and can never be omit
led. In England, ills the older forms, II your
Honors recollect, contra pdssin1, J. e.. It is
against the peace and dignity OF the United
States, when 1t ls an offence against the Uni
s ted states and Of the State Of South Carolina,
when 1t is an offence against the Slate OF
South Carolina, and to omit 1t In any indict-
ment vlliates that Indictment.
This third count, as have said 10 the first
place, goes on to allege that the conspiracy
was to oppresI, threaten and inltmidate AmZl
Raiuey, q citizen of the United States, With
intent to prevent aud hinder his free exercise
and enjoyment OF right and privilege grant
ed and secured to him By the constitution and
laws Of the United States as In the second
count, aud all my objections made to those
other counts for want of certainty, &C., apply
equally we'll to this. What now want 10 call
the attention of the court to is an addendum
which br Dgs Us under this. Jurisdiction OIL the
State laws. In the frat place, your honors
will Hnd that the burg'arious entry, charged
here, into the dwelling house OF Amzi Rainey
Ia not alleged as an overt act OF the conspira-
cy. Not aI all. Ntr as On act within the scope
OF the conspiracy. Not at all. 1t Is alleged
altogether as an Independent act; simply that,
whilst In the act OF violating the rights OF
Ralney with respect to the suffrage, they en-
tered his house burglartousiy IN the night time
with Intent 70 commit felony.
As matter Of course, to punish q man Tor
committing burglary or murder or an as-
ssult aud battery under this section. his Oh
fence must be overt-the Indictment must
show 1t and must have q proper conclusion.
1t must appear what felony, crime or misde-
say that, In the act of committing the previous
felony or crime, he committed generally q
felony, crime or mlsdemeanor. 1t might be
murder, and the man would have no notice OF
whom he murdered. It happened to be bur-
glary here, and the gentleman has very prop
erly drawn very good indictment. l take no
exception 10 1t. He had form for that, and
he has followed the form very accurately. That
is, In fact, the only good offence set forth In
this whole count.
Now. as said, what authority have your
honors to try these men? Not burglary OF the
postofice, Not burglary committed In
place where the United States has exclusive
of public building of any sort Not at ell.
Not q burglary connected In any sense with
any function Of the Government Of the United
States or that 1t Is allowed 10 protect! VIII 1t
be contended that your honors have any jlrts-
diclion 10 try or punish man for any such
offence for you must try him first and find
him guilty 1rsr, before sou can apply the pun
ishment.
This is one, of those great questions that
arise and deserve the most mature considera-
ton. Your honors may hesitate-may, per
haps, prefer to refer this question to the Su:
preme Court of the United States. UndOubt-
edly 1t will 60 there. It may happen that In
the course OF any administration OF this law,
the point, perhaps. not being made, or the
defendant being without counsel, the court
may run into the difficulty, into the great
error, OF trying man for domestic murder
In q court Of the United States and hang him.
therefore object to this count, first, be-
cause It concludes against the peace and dig
nifty of South Carolina. Besides this objection,
ifthe cou:t please, and the further objection
that I have stated that the charge is partcn,
larly against the State, not against the United
States, and that this Court has no Jurisdiction
to try that offence.
Now, the fourth count, II the court please,
is one that does not charge any conspiracy,
but charges direct act-that at York, on the
lst day of February, 1871, 'unlawfully did at
tempt" not conspire, but "dld attempt to
control Amzi Rainey In exercising the right OF
suffrage, to whom the right OF suffrage Is
guaranteed by the fifteenth amendment to the
Constitution OF the United States.
The qualifications of voters Congress leaves
to the domestic policy OF the State In some
of the States most men Of color have been al
lowed to vote, sometimes, with the properly
qualification. Congress did not Interfere with
that, any moro than to say, you shall not dis
criminate, If you have property qualification
for black men, In your constitution, to vote;
It shall be there no longer, all must.be equal.
Then. repeat, may it please your h0nor5,
wherever they found, then, the right to vote
upon the fifteenth amendment, they nave
looked in the wrong place; for II Amzl Ralney
can vote, simply because Of the right secured
to him by the fifteenth amendment, according
he can vote, whether he Is twenty-one or not
whether he has resided In York County or not,
or whether he is an lnhabltant of this State or
not.
The fifth count /: 1t also does not charge
conspiracy. 1t charges, first, an interference
with his exercise of the right Of suffrage. Just
az the fourth count does, and then superadds
the charge of burglary.
The sixth count is very much like this, ex.
cept in this That the allegation is, ''unIaw-
fully did conspire together, with intent to in.
lure. oppress, threaten and intimidate Amzl
Rainey. citizen of the United States, because
of his free exercise Of right and privilege
granted and secured to him by the Constitu-
lion and laws of the United States, to wit: the
RIGHT of suffrage When how prevented
Before an election, or alter an election? be-
fore he voted, or alter he voted? All left un-
certain It is impossible to tell whether they
Intended to injure him prior to or after the
exercise of this right.
The next Is the seventh. That is precisely
like the one just read and subject to the
same objections. And then again comes this
burglary and felony and other matters super.
added, "against the peace and dignity Of
South Carolina"
The eighth count Is q new one: "That these