The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1871-12-22
MAIlReIL.1A s. G,
Friday Morning. December ~. 1871.
The Present State of tho Case in tho
Ueltsd States Court.


The Present Stato of tho Case In the
Uelted States Court.
Messrs. johnson and Stanbery, having
done their work. will leave our city to-
day.. On two questions which we're
: raised by; Messrs. Johnson and Stanbery,
the judges OF the oourt-Judge Bond
anu Judge Bryan stood opposed in OPT
nion. The fret and most important one
is: Whether the court has jurisdiction
under the ACT of 1870 to try not only
conspiracies against the right of suffrage,
and to punish them, according to the
provisions OF that Act. with fine and i'm.
prisonment. provided in case Of such
conspiracies. but whether, as provided
in the Act, they can also try parties ac-
cused for any other felony, and punish
them for such other felony with the
meauure of punishment provided for
auch offences by the laws of South Ca
rolina. In many OF the cases, the par
ties charged with the conspiracy against
the suffrage were also charged with other
offences. such as burglary and murder,
committed at the same time, but indie.
pendent OF and not in furtheranoe of the
conspiracy itself. The question, whe-
ther that section of the Act which au-
thorizes such jurisdiction is constitutional,
has been certified on division of OPT
MON to the Supreme Court of the United
States for its decision.
The other question, which has like
wise been certified to the Supreme
Court on division of opinion, arises
upon indictments in which conspiracies
are charged against the right to keep and
bear arms, and the question there is:
Whether jurisdiction to try conspiracy
against the exercise of that right is
vested, in the courts OF the United
States.
OF the two questions 80 certified, the
first is, in all respects, the most grave
ls=-a important y il had happened
that the Judges had been united in the
Opinion that they had jurisdiction to try
the cases Of murder. as to whtph nume-
ropsl parties stood charged, then nothing
would have been left to those parties but
to submit to the consequences Of suoh
verdict as might have been rendered
against them.
There are yet one or two questions,
raised by Messrs. Johnson and Stanbery,
on which tho opinion of the Court has
not yet been delivered. One relates to
the right of peremptory challenge. and
the other and the most important OF the
two is under which section Of the Act of
il670 parties convicted of conspiracy
against the suffrage are to be punished.
Messrs. Johnson and Stanbery claim
that the punishment for that offence is
fixed by the fourth section Of the Act as
a miSdemeanor, for which the imprison-
sr ment cannot exceed one, gear; whilst, on
y the part OF the Government, it is con
tended that the punishment is fixed by
the sixth section of the Act az a felony,
landin Which the term of imprisonment
may extend to TEN gears. We shall await
i. ahxipnsly: to hear whether, upon those
points, the Judges are united or divided
i in opinion. - te.
ef 1T is proper to add. that tho only
mode in which any question arising in
these cases can be taken to the Supreme
Court Of the United States, is upon
division of opinion between the Judges.
That is the rule in al criminal cases, for
in such cases no appeal or ao,1t Of error
can be taken to the Supreme Court of
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 day, OF the pre-
sent term OF that court; and that Messrs.
Johnson and Stanbery will repair to
Washington to argue them before that
tribunal. In the meantime, further pro-
ceedings in all those cases involving the
disputed questions will be suspended
until the decision of the Supreme Court
is announced.
In announcing the departure of these
distinguished lawyers, we can but give
expression to the public appreciation of
thevaluable services they have perform
ed in behalf Of our citizens prosecuted
under the Enforcement Act of Congress,
and in behalf Of the principles of civil
liberty and common !aw violated in said
Act. Whilst neither they nor we can
have any sympathy with outrages, by
whomsoever and wherever committed,
yet in enforcing the law it is not, wo take
it, necessary to violate the law and the
Constitution. Messrs. johnson and