The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1871-12-13
The Ka Mux Trials.

The Government is FepFeee"
Messrs. Corbin and Chamberlain ana the
prisoners by Nfessrs. johnson OF Mary,
land and stanberry of Ohio, and counsel
from our own State, Pho various pre-
liminary questions presented have been
argued with great ability on both Sides
and the mastery force and eloqucnce
with which especially Messrs. johnson
and Stanberry haye sustained the Con-
stitutional rights Of the citizens, we'll JUS
fify the wisdom of their selection.
On the calling of the first case, that OF
the United States, against Allen Crosby,
and others, indicted under the Acts ol
May 80, 1870, and April p 1871, Mr.. Stan
berry moved to quash the indictment, fol
various imperfections and informalities'
which he miputely set forth and elabor-
ately argued.
TO the first of the eleven counts of the
indictment, Mr.. stanberry urged the
following objections: .,
]. IThe conspiracy charged Is to violate
the fl.st section of the Act OF May 81,
iS7O which section defines no crime or
offence, and forbids nothing.
3. The names of persons hindered, or
prevented. or not allowed to vote, are
Hot set forth nor is it alleged that their
Names we're unknown to the grand jury;
3. The means by which tho unlawful
preyention was effected are not set forth.
!, The specific election at when they
were not allowed to vote, whether FOR
state, County or municipal or Onltea
States officers or members OF congress.
S. The date of the election, as stated :
third Wednesday Of October, lS'2;
6. That the qualifications OF sald maic
citizens to vote are not set 1ortn: w
TO the third count he objected. THAT
the burglary and battery charged in TINS
count are not alleged as on overt ACT OF
the conspiracy, but as distinct ollehce
against the State OF South Carolina, Us
is cognizable by or within the Jurlsdic-
ton OF this court, but is exclusively cog
nizahle by the State courts having Jufls-
dictiop of such Offences IN the sala o"'lh-
" Of York"
AS to the eleventh count:
/. That it is uncertain, because IL aoes
appear that the conspiracy ana INJURY
were before or after the election.
2. That the particular election, or
when or where it occurred, is not set
forth, and no day is given. except the
date Of the conspiracy-that is TO say, the
Yist Of April, 1871, the next day after the
Act Was passed. -,
3. That it is not alleged that said
Rainey was qualified to vote at that cleo
tion, or that lie was acitizen OF the Sta!c,
or resident of Congressional DlstflcI
,,,boy, tho olectiop N,as held.
4. That it is not alleged that said WAL
lace was citizen of the United STATES,
or citizen Of the State or District IN
which the said electiDd wss held; nor
that he was candidate for election, or
that said Rainey voted or intended TO
vote for him.
TO the other counts various objections
were urged which were sustained. AS
to the first count, the Court overruled
the objections, holding that the offence
was sufficiently stated in the words Of
the statute, and that it was not necessary
that each section should contain the
penalty for its infraction. The eleventh
count was also sustained on the ground
that it sufficiently charged conspiracy
to violate the right of voting for a mem
Der of Congress- right which Congress
has the power to protect apart from the
recent amendments. The Court was di-
vided in opinion as to the validity of the
third count, and it was withdrawn. ~
Mr.. Stanberry so thoroughly and ably
argued all the technical questions involv-
cd in his objections, that Mr.. johnson
devoted himself exclusively to the Con:
stltutional questions growing out Of the
attempt of Congress to. take away tho
last Yestige of State rights, in regulating
the rights Of suffrage, and transferring
to the United States jurisdiction over
crimes which were clearly within the ex;
elusive province of the State Courts.
If there Was one thing, said Mr.. John
son, which the trainers Of the Federal
Constitution did not do. it was to attempt
to place in the hands of the General Gov
crnment the power to regulate or control
the elective franchise. Even in Fedora
elections the time, place and manner O.
holding these elections were alone pre-
scribed, whilst tho qualifications of tn.
voter We're left to the States. The three
amendments have made. 10 change il
the powers Of Congress in this particular
Tho Thirteenth Amendment merely
emapcpated the blacks-the Fourteett
conferred the rights of citizenship mere
ly-and the Fifteenth itself confers nc
right to vote, but provides merely tha
the existing right shall not be abridged
by the United States Or 2 State "on &C
count Of race, color or previous condi'
ton Of servitude," Itconfers no power
on Congress to interfere in State elec,
tions in any manner whatsoever, and nc
power taregulate the suffrage in any par.
ticular. If Congress- can pass any such
law az this, it can regulate suffrage in
any respect-prescribe tie age and other
qualifications Of ths voters, and eveneN:
tend to women the right of suffrage.
Again he urged the unconstitutioAality
ofthe Act of Congress which attempted ia
confer upon the United States Court, ju-
Fjsdiction to punish burglary, murder
&c, offences which were exclusivelypun-
ishable by the State Courts.
"The counsel say that the ascertain
ment of the felony is not for trial but to
serye as the measure of punishment.
They say that the United States has no
iarrisdiction over offences against the
laws of q State but will punish for it.
What did they think when they framed
the Indictment, and concluded against
the peace and dignity of the State OF
Soutii Carolina p They argue, may 1t
please your Honors, thatif the prisoners