The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1871-12-09
DETAILS oFrHE zRL4L.

DETAILS OF TEE TRL4L.
TIL. Opinion Of the Court ON the Motion
to Quash-Arraigning the Accused
The Right OF PeremPtory Chailepge:
TFRoM OUR SPECIAL RRPoRrEz.l
. CoLuMBIA, December Z.
The proceedings In the United States Cir
cult Court to-day have been unusually inter
estlng. and the attendance large, among the
spectators being many representatives Of the
Oldest families of the State. 1t was known
that the opinion of the 5ourt would be given,
on the motion to quash the indictment against
Allen CROSBY and others, upon the groundsof
informality, nconstitutionality ofprocedure,
aidemauy other errors that. we're generally
conceded and believed to be fatal thereto.
Judge Bond read the opinion, which was,
perhaps, characteristic for brevity. le 'E :.
The first and eleventh counts In the indict-
ment we're sustained, and the other counts,
except these embracing the charge OF bur
glsry, were decided bad, and on the burglary
charges there was q dlvlsien OF opinion The
prosecution was particularly pertinacious In
claiming the right to withdraw the charges OF
burglary, and thus defeat the ends OF justice
by keeping the questions Of the constitution
allty of the law under which these extraordi-
nary oproceedines are conducted out Of the
Supreme Court. The following Is the opin-
ion of the court; g.sea- -fs rs Wiz 49,
After the prolonged and very able argu-
ment of counsel upon the motion to quasn, We
feel embarrassed, gentlemen, tnas upon 30 ut-
tie deliberation We are to pass judgment upon
the grave questions raised here. But the
fact that 90 many persons are now In confne--
ment upon these charges, and that so many
witnesses are In at Nndance upon the court,
at great personal expense, makesft necessary
that we should not delay Longer. Ana me
flrst objection to the 6rst count In the indict-
nAnt Is, that the section of. the act OF May Slt
IDe0, which this count charges the parties
with conspiring to violate, declares no penalty
for the offence.
The irst section of the act declares right.
It is referred to In this count BY Its number,
and with sufficient certainty, It seems TO US,
MEAD the verdict rendered In this case In bar
to another Indictment. AMER declaring the
right the statute proceeds In section seven to
define the punishment for It's violation. It Is
not necessary, it seemsto us. that each sec
ton OF the. act should contain or disclose the
penalty for lis iDfraction. That Is often, as 10
this ststute. referred to later and generally
to the closing section or the act defining the
crime or offence, and is made applicable to all
the sntecedent sections. II is objected, more
over, that this count does not contain the
names of the parties, who being entitled TO
vote, were to be hindered and prevented nom
the exercise Of the elective franchise by the
It must be remembered that this is not am
indictment TO punisha wrong done otndivld-
ua,s Against the peace and dignity OF the Uni-
ted States, but for Q conspiracy 10 90 tnat
wrong. The offence Is completed the moment
the compact Is formed, whether any person
has actually been ihindered or. not II the
trayersees never committed any overt act, but
separated and went home after the compIe-
tion or the conspiracy, they have Incurred the
penalty which the seventh section prescribee.
So It makes no difference what particular per-
son the conspiracy. when put IN motion, nrst
reached. The act compla latned OF is the con-
.spiracy, and If 1t be true that any person was
hindsred or prevented from the exercise OF
the Tieht granted by the first section, such
hindrance and prevention Is only proof OF tne
conspiracy, and does not In any wise tend 10
make the crime more complete. ;9 -
1t Is generally sufficient In charging statu.
tory offence to set 1t cut In the words OF the
IF the statute uses common law name for
q crime which 1t purposes to punish. the IN
dictment must set forth the various 1ngredl-
EMS of the crime which 60 to make up the
offence at common law. But when the ststute
sufficient II the Indictment use the words OF
the statute, unless the words be indefinite and
vaone. ambiguous or general, In which case
the Indictment must 80 particnlarize the act
complained of, that the party charged shall De
10 doubt Of the offence alleged against
The certainty required IA, that which will
enable him to plead the verdict In bar OF any
It is alleged, in this count, that this conspE
racy was to 60 into operation at an election
not vet held, to wit. the third Wednesday OF
october, 1872, and it Ia objected that this Is
not sufficient. That the right to vote is not
CONTINUING right, but exists only at the time of
its immediate exercise. ~
II v1buld be strange, indeed, &c parties could
not be punished, II It be necessary to punish
thnm at all, for any offence but those commit
ted against this &C ! on election day, and In the
direct exercisesof the elective franchise. The
tirely frustrated by such requirement. A man
NAV be 80 effec.ually tntimidated weeks before
an election that he would not dare to go with
i'm a mile of the polls, and all the mischief the
act fs intended TO remedy would flourish ana
no punishment could be:awaraed them la under y
uof snbsisti1g right but one which reours 70
the citizen !onielecton day. Wesdo not so
hold. III 81 t51w sAs-i = . ! t.,;.l ~
The uncertainsy.wh the count leaves as
to whether this was aState electenor Fed
The Indictment charges that this was con-
spiracy to Violate the hrst section OF the act.
This section declares that alI citizens shall De
allowed to vote at all elections, who ara qual.
ided- by law to vote, without distinction OF
race, color or previous condition OF serVi'
tude.
Congress has never assumed the power to
prescribe the qualifications OF voters In the
several States. 70 do so Is left entirely with
the States themselves.
But the constitution has declared that the
States shall make no dlstinction. on the
grounds stated In this first section, and by this
legislation Congress has endeavored in away
which Congress thought appropriate to en-
force Ii.
r. is this act Of appropriate legislation. and
tM irst section Of It which the defendants ars
charged with violating, and we think It makes
no difference at what election, whether 1t bt
State or Federal, heis intlmidated or hlnderee