The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1871-12-06
MIR. sEAMBERRY's ARGUMENT.
A Masterly Effort.

MIR, STANBERRT,S ARGUMENT.
|. A Mastery Effort.
| TFaoM ouR OWN CORRESPONDENT
| COLUMBIA, December 4.
In the United States Circuit Court to-day the
great constitutional argument as to the compe
tency of that court to assume jurisdiction over
the alleged offences which are expected to prln
clpally occupy Its present session; the correct
| ness of the indictments under which the frat
group of the alleged offenders have. been
brought into court, and the validity, 10 the
light of the organic law Of the land, of the
various dragooningI processes which have
eliminated In these trials, was made by ex-
Attorney General stanberry, who occupied
two hours in carefully considered, logical,
subtle and powerful argument addressed to
the intelligence of the court. but
eagerly listened to by throng of In
terested spectators, among whom 1t ia
safe to say was every lawyer now in
this city who could make 1t convenient to
attend. The court was held In the eaborately
furnished library room Of the EStatehouse
| which was well filled, floor and galleries, with
a heterogeneous audience (Which bIeached as
the argument proceeded,) the space devoted
to the bar being crowded With lawyers and
Judges now visiting or residing In the city.
The preliminary business Of the court con-
sisted of the call Of jurors, the swearing In OF
Alderman Alva Gage, Of Charleston, as an
additional talesman. and the retiring Of the
grand Jury to their room. The case Of the
United States vs. Allen Crosby 1t al (the pris-
oners indicted last Friday for conspiracy and
burglary,) was then called, and the court sta
Lied that they we're ready to hear any prelim!-
nary motion that might be made. Mr. Stan.
berry arose and moved to quash the indlct-
ment against Allen Crosby ct al. In support
| of his motion he said:
ARGUMENT OF HON. HENRY sTANBSRRY..
.Hly Il please your Honors+We have fled a
motion In behalf of certain OF the defendants,
| that the indictment which was returned true
| bill to this court, on the1st Of December, shall
be quashed, and each and every count there
lshed at the earliest practicable moment, to my
friend the district attorney copy of our
motion, and the reasons upon which 1t was
| grounded, so that he might hayARse early an
opportunity as possible to make the prepara-
lions.
The Indictment, If the court please, contains
not less than eleven counts. ALI OF these
counts, except two, charge conspiracy, and
those two counts=the eighth and ninth-
charge the commission of an act Without any
allegation of q prior conspiracy. all the Of
| fences charged under these eleven counts re-
late to suffrage and an interference with It's
exercise, except two-the eighth, which
charges an Interference with rights secured
by the constitution to exemption from unrea-
| pers and effects; and the other charges the Of
fence TO be an saeuce against the act OF Con-
gress securing TO each citizen equal prstee-
| ton under the law.
think this Is about the scope of the yarl-
Gus counts. / shall proceed 10 detail, II the
court pleases, to state our reasons why this
| indictment, and each and every count thereof,
cannot be sustained; and may say In the be.
ginuiug, If the court please, that my friend
and myself, associated In this defence, intend
| to make no captious objections. We do'not
| sit here merely to contend for delay and post
ponement, or to contend over merely formal
| matters, which, whether amended or not,
| would make no particular difference to our de-
| fence; but to contena for matters which we
deem essential to the defence, and which 1t Is
| not our privilege as counsel to waive In be-
| half OF our clients. o. go 81
Togo on, then, with the first count, meet.
| ing merely the formal parts OF 1t. 1t charges
these defendants, together with divers other
evil-dlsposed persons, all at York County,
of February, 1871, unlawfully did conspire to-
gether with intent to violate the first section
of the act entitled 'tAn act TO enforce the
rights OF citizens of the United States 10 vote
| In the several States of this Union and for
other purposes" approved May 3lst, 1870, by
| unlawfully hlndering, preventing and re:
siraining divers male citizens OF the United
| STATES, OF African descent, above the age OF
twenty-one years, qualified to vote at any
election by the people, from exercising the
right and privilege of voting, and by other un-
lawful means not allowing them to vote at an
| election by the people, 10 oe held on the third
Wednesday Of October, 1872, within the
county, district and State aforesaid, contrary
| 10 the act of Congress, In such case made and
provided. against the peace and dignity Of the
United States.
First of all, this count refers to particular
section of particular law, as that embraced
| within this conspiracy, and which 1t was by
| this conspiracy to violate, which Is to violate
| that first section of the enforcement act OF
1870. If the court please 1t Is that first sec
| tton; we must find the corpus delecti there; the
| tuiuS 'luCiC, ~ ID oh oi
that section we are now called upon to answer.
Let me read it: "An act to enforce the right Of
citizens of the United States to vote IN the
| several States of this Union, and for other
| purposes, passed" Set forth In the In
dIctment-"passed and approved May 81,
1S70.n Thla, then, Is the section which we are
charged with violating: "Be it enacted by the
Senate and House Of Representatives Of the
Uuited States oil America, In Congress assem-.
bled, That all citizens of the United States,
! who are or shall be otherwise qualified by Law
| to vote at any election by the people, In any
State, territory, district, county, city, parish
township, schoo-dlstrict, Municipality, OF
other territorial subdivision, shall be entitled
and allowed to vote at all such elections with
out distinction of race, color or previous con-
dition Of servitude, any constitution. law, Gus
| tom, usage, or regulation OF any State ol
territory, or by or under its authority to the
contrary Notwithstanding"
| Your honors are perhaps listening to fnC
where is the penalty for violating that section
Where Is the prohibition In that section
What does that section do? Simply declares
right, not punishment for Its violation. Il
would seem, If the court please, that that Il
not enough where gentlemen undertake Il
locate particular section, OF a particular Law
which we are called upon for an alleged in
fraction Of, they must be very careful to steel
very straight. 1t was unnecessary to do this
but, having done it, and referred us to 1t a!
the section which we are charged with viola
ing, they must be careful to bring the offence
strictly Within 1t. The first oblecuop?,. then, Il