The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1871-12-20

We believe, and I think may be par. |
doned, on account Of our long expe.
rienoe, Tor believing, that we understand |
the poIitlcaI institutions OF ouF country;
and we deem the two Acts-the Aot OF
1870. known as the Enforcement Act,
and the Act OF 1871, under which this
Indictment Is laid-to be unconstitu-
tional, and in,violation ofsthe rights OF
all the States. We have come here, then,
to raise this question in the Supreme
Court, 30 that the true construction Of
the Constitution may be elicited, and
these iniquitous enactments expunged
from the statute books. We have sue
ceeded in part. The court has divided
upon ono question, and they have under
consideration Two more. There will be
one.' at least. to go there, and I hope
may be allowed the pleasure of meeting
the learned Attorney. General in that
arena, ii he can be 30 long absent from
his official duties here. Let us look
now. and see what charges are embraced
In this indictment. Originally, there
were three counts, charging separate and
distinct offences. The first was, that
tho defendant, with others, oonspired
with others to hinder and prevent, by
intimidation and other unlawful means,
divers male citizens of African desoont
from the free exercise of the right and
privilege OF voting, at ON election to be
held on tho third Wednesday of October,
1872. The second was, that he con
spired. 60, to deprive James Williams
OF the right to keep and bear arms. As
TO the validity of this count. the court
announced itself undecided, and the
District Attorney, almost with enthu-
siasm, announces that he'll abandon 1t,
though he had previously declared it OF
the most vital Importance. But I think
he has lingering ho q still to provo tbs
first and third coun' >, by his charge in
the second. The th d count does not
charge the crime OF preventing poor
Williams from the FREQ exercise of his
right to vote in 1872, but that they pu-
nished him for voting for A. s. Wal
lace, in October, 1870; that they went to
his house, on the 9Th OF March, 1871, to
injure and oppress him for voting for a.
3. Wallace, six months before. The
conspiracy, then, as charged in tho first
count. is against tho elective franchise
in 1872. Now, whit is the evidence?
There is only one of tho witnesses-Mr.
| Gunn-who asserts that tho purposes OF
the Ku Klux organization wore to be
effected by the assassination Of the white
and the scourging of the blnck Radicals.
Some say the latter; but Gum stands
alone as to the assassination. Ii there
IS any inference to be drawn from cir
cumstances, say there ia not particle
OF credit to be attached to his state
ments. When did he join? In Jnnu-
ary, 1871. This man, who deems it his
duty to tell oil ho knows about the or
ganlzation, says that he knew, when he
| 1nInaH If that 70 oh
ton. He went upon two raids, with q
full knowledge of this horrid purpose,
and, when upon the stand, did not blush
to tell you that, away six months after
wards, he felt it to be his duty to divulge
these things.
Mr. Corbin here interrupted Mr..
johnson, saying that he was mistaken
in regard to Gunn's going upon any
raids.
Mr.. Johnson-WelI, such certainly is
my memory of the testimony; but, Of
course, as the District Attorney had it
all cut and dried beforehand, and writ
ten out on paper before him
Mr.. Corbin-I did not have it written
before me.
Mr.. Johnson-Well, then, the learned
District Attorney kept his eyes upon q
paper before him that had nothing aoriUen
upon ii, that's oil; and whether he had
the testimony written or not, he has
there sitting beside him friend, who
was fully possessed of all that the wit
nesses were instructed to say, weeks be-
fore this trial. I do not mean the Attor-
ney- General. but Maj. Merrill, who sits
at his back, acting the quasilegal adviser,
and manifesting an astonishing degree
OF interest in this prosecution. Don't
THINK me as casting any insinuations
upon the gallant major. He has acted,
presume, under tho orders of bis su-
perlors; but 1 can but say, with the
commander-in- chief of the army of the
United States, 81 think an officer of the
army might be better employed" But
whether Gum went upon the raids or
not. he entered as a member, goes to
Georgia. and phys the false friend. He
had taken most solemn oath not to di-
vulge the transactions of the order; vet
when MIR. Akerman, the late Attorney
General, comes within sixty miles of
him, he is suddenly impressed with q
nigh sense OF duty, and goes to see him;
hnds him, and tells him, from pure pa
triotism only. He had no hope of profit
-ohl no, not at all. He is Inspired en-
tirely by feeling OF justice to outraged
law, and desire to break up that muir
derous conspiracy, of which he had him
self been member. He returns home,
and, after two weeks. he has his curiosity
aroused to see handsome things; and, in
love OF the elegant arts, he visits Wash
ington, to gaze upon its architectural
beauties, traverse its magnifoentsquares,
and mingle in it's refined society. While
there he goes around, morely to pay O
social visit to the Attorney General; and
while In the act OF coming out, for no
assignable reason III the world. The A.
torney- Generals clerk pays him 5000.
But he says ho didn't get any reward.
[ ask you, gentlemen, is not the proof