The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1871-12-10
Tue UNITED STATES Clpcu1r Cousr.-

THE UNITED STATES CIRCUIT CouRT.-
SATURDAY, December 8, 1671..-The
court met at IL o'clock A. M. Hon.
Hugh T.. Bond Presiding Judge, and
Hon. George s. Bryan on the Bench.
The Grand Jury returned "true bills"
in the case of the United States as. J.
William Avery. james Rufus Bratton,
Chambers Brown, Alonzo Brown, Ro.
bert higgins, Rufus McLain, Napoleon
Miller. VIM. johnson, Pinckney Cald-
well, Robert Caldwell, Robert Dickson
Bigham. John s. Bratton. Harvey Gun
ming, Bnscom Kennedy and Holbrook
Good, charged with conspiracy against
James Williams, alias Jim Rainey."
and with murder. Also, true bill in the
case of the United States vs. Robert
Hays Mitchell et al. md the United
States Us. John NJ. Mitchell ct al Mr..
Oorbin proposed to take up tho case of
Robert Hays Mitchell CT al., and proceed
ut once to trial. Mr.. Stanberry object
ed, stating that such uclion was not in
accordance with the agreement nude be-
tween counsel; that the murder case
should be called up first, iu order that
the question upon which the court was
divided might be sent up at once to the
Supreme Court It was agreed, after
some dcbnte. to talle up the murder case
first; bnt inasmuch as tho counsel for
tho defence had not been furnished with
q copy of the new indictment, they were
allowed until Monday to make necessary
preparation.
Mr.. Stanberry proposed to employ the
time Of the court to-day in the dis
cusson OF u grave question, arising
from tho cases disposeu of yesterday by
u plea Of guilty, to wit, whether the
demeanor, as the dcfeuce would cndea-
vor to show. or for O fclony. rs the couu-
sci for the Government con.ended. The
court expressed its desire to hear the
argument OF counsel Oh the question.
MIR. Stnnberry stated that the de-
fence clnimed that the punish ment should
be liked according to the provisions of
tho fourtA section Of tho act of May 81,
1870, entitled eau uct to protect the
citizens OF the United States in the right
to vote aud for other purposes While
the District Attorney maintained that
the sixth section of the same Act was lat
under which the iudictm was laid.
ln the one case the offence would be
nunia!ic,! rs IL misdemcn,ior only. with q
tine OF SoUO aud imprisonment not more
than year, while III the other it would
nc made felony punishable with Il iue
of $4,000 and Imprisonment for ton
years ten times us much, with the
additional penalty Of being deprived Of
the right to vote Or hold any Office OF
profit or trust under the Government.
Mr. Stauberry then read from the Act re.
ferred to, showing that Tie first section
related solely to the right Of voting; the
Al
Official misconduct i'll not allowing per
SONS duly qualified to yote-and for nolh-
ing else; tue third provided punishment
for Official misconduct in not allowing
persons 20 qualify themselves, such as
registering, nc, and referred, also, solely
TO tho right of suffrage. So the fourth
provided against Individual hindrunce
or comblnaiion, or confederation to him
der or prevent q citizen i'll the free ex
erclse OF the right OF voting; the fifth re-
lated to cases OF bribery und of threats
OF discharge from employment, &c, for
voting. Each ono Of these sections, from
the hrst to the fifth, inclusive, refer es-
peciully and iu explicit words to the right
OF voting. The sixth. Mr.. Stanberry
went Oh to show, by the use of the terms
ANY privileges or immunities" granted
or secured by the Constitution or laws
OF the United States, must refer to other
privileges and immunities, and not to
the right to vote, which had been spe-
clally provided for by tho preceding sec
lions, the rule Of construction being that
whenever II previous Act or section of an
ACT made spcciai provision for anything,
anu there was subsequent enactment
or section OF the same Act, with general
clause that certainly embraces other
things, and might embrace this, by in
tehdment, the special provision be pre-
lerred Aguin, another we'll established
RUE was, that statute must not be con-
strued SO us to involve an absurdlty.
In tho present instance, this would inevi-
taoly follow. should the right to vote be
included III The wotds privileges and
lmmunitics, used in the sixth section;
LOT then VIC mnst assert that Congress
mad suddenly, and without any assigna-
Ole reason, changed It's mind, and almost
before the ink had dried on the fourth
section, made that felony in tho sixth,
punishable with fine of SIS, 900 aud ten
years Imprisonment, which, in The
fourth. was dcclareda mere msdemean-
or-pnnishnble with $500 fine and one
years Imprisonment.
Again, another rule of construction
was, that i'll penal statutes they must bc
construed strictly, and not atretched by
lntcndmcnt against the rights of the citi-
zen.
Mr.. S,anbciry asked the counsel for
the Government, if they proposed to
make Il point Of tho fuct, that in the
fourth section the word conspiracy did
not oocnr--combinalion and confedern-
ton being uscd-while in the siyth the
phrnscoloSy was somewhat different-
The words baud and conspiracy appear
ing?
Mr. Corbin declined To nn,wnr and