The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1874-12-01
CASES OF THE PETERSBURG ELEC-
TY0N OFFICERS BEFORE THE
UNITED STATES CIR
CUT COURT.
THE VALIDITY OF THE 1NDICT.
MENTs IN QUESTION.
JUDGES BOND AND HUGHES
DISAGREE.
THE SUPREME COURT OF THE
UNITED STATES TO DECIDE IL
BETWEEN THEM.
The Opinion OF Judge Hughes In Full,

The Opinion OF Judge Hughes In Full.
On the meeting of the United States Cir
cult Court yesterday morning counsel for
the defence in the Petersburg election cases
were directed to file with their demurrer a
statement in writing of the particular
grounds on which they relied. This was ac-
cordngly done by Hon. r. T. Daniel, of
counsel for defence, as follows: For causes
Of demurrer the defendants assign the fol-
lowing:
l. That there is no averment in any of the
counts in the said indictment that the acts
Of commission and omission charged as
criminal in said indictment were done or
omitted to be done because or on account Of
| g race, color, or previous condition Of servi-
tude" of the persons whose rights are aver
red to have been denied, diminished, i'm
paired. or obstructed, by the alleged acts Of
commission and omission Of the defendants.
2. That the said acts and omissions are not
averred to have been done under color or in
execution of any State law or authority.
3. That the act of Congress, or that
part of it on which the said Indictment is
formed is unconstitutional and void.
Memoranda: 1t is agreed between the
attorney for the United States and r. T.
above assignment of causes Q. demurrer
shall be taken as made in each of the cases of
prosecution pending in the United States
Circuit Court of the Eastern District of Vir-
ginia against judges and registrars Of elec-
| ton in the city of Petersburg.
L. L. LEWIS,
United States attorney.
r. Il. DANIEL,
Counsel for defendants.
| It is understood that the judges differ on
but single point, and that the certificate OF
disagreement, which will go TO the Supreme
| Court Of the United States, will be only on
that point-viz., that the indictments do not,
anv of them. charge that the persons pre-.
| vented from voting were so prevented ION
account of race, color, or previous condition
| of servitude."
| 1t is stated that Judge Bond holds that as
| the motives of men cannot be looked into
| or proved except by their acts it is sufficient
| to charge that citizens Of the United States
were prevented from voting, and that the
motive of hostility 10 race may be inferred
| from the act Of preventing colored voter
| from voting.
Judge Hughes thinks that the charge
should be made in the indictment, in order
| to let in the proof or the inference ofmotive.
1t is proper 10 add that The defect in the
| indictments is not from any fault of the
peader who drew them-the United States
district attorney-but because the fact was
| wanting: the grand jury not having found
| the fact that the offence was committed ON
account Of race, DC.
Judge Bond intends filing written opin-
ion in the cases, but will not be able to do
so for several days to come.
Judge Hughes filed his opinion, which we
append: .:s..
Opinion Of Judge Hughes.
| Unsted States Us. Petersburg Judges Of Elec-
tioa eight indictments.
| United States Us. Petersburg Reg,strdTS
of Election three indictments.
On general demurrer to the indictments:
Huqhes. J-Eight of the indictments at bar
are against Judges who held the municipal
election of Petersburg last spring, respective
| IL at eight precincts in that city. They charge
| that at a municipal election held there on the
| I'd May. 1874, these defendants respectively
naming three at each precinct did unlaW-
fully prevent and obstruct from voting d.
| yers persons-to wit: A, B, c. D, +, f,
G. and FL, "citizens of the United States,
twenty.one wears old, residents Of Virginia
| for more than twelve months, and OF Peters
! burg for more than three months, resident
and legally registered voters in said election,
and otherwise qualified by law to vote at
said election" at the said precincts respec-
| lively. - -.
| IF the election described, instead of being
for municipal officers, had been for mem-
| Der of Congress or presidential electors OF
the United States, these indictments, for rea-
sons which need not here be set forth, would
have been valid to give jurisdiction to this
| court, and would have been founded on
| those sections of the enforcement acts OF
Congress which expressly relate to national
! elections. ..,...-..
On the other hand, if the indictments had
charged that the persons prevented from
voting at this State election were persons OF
Saxon, Celtic, Mongol, African, or other de-
| scent, and that the defendants prevented
them from voting on account OF race, thep
being founded upon those sections OF she
enforcement acts which were designed to en-
force the fifteenth amendment OF the. Ma
tional Constitution, they would have gwen
jurisdiction to this court because the nfteent1
amendment expressly declares stnat ."tne
rightspf citizens of the United States 10 Vote
| snail not be denied or abridged by the United
States or. by any State on account OF race
color, or previous condition OF servituae''
| TIE OFFENCE CHARGED.
The offence charged, however, is clearly
moi within either of these .categories. Ii II
had been, the jurisdiction of this court TO
try it would have been undeniabe.-
The indictments are really founded upon
! the 4th section of the enforcement act OF
May 81, 1870, which declares that /" Ii any
person, By force, bribery, threats. intimida'
| tion, or other unlawful means, shall hinder
delay prevent, or obstruct, any
citizen from doing any act required to be
done to qualify him to vote, or from voting
| at any election, Iby the people in any state,
territory, district, county, city, parish, town
ship, school district, municipality, or other .'
territorial sub.diyison,] such person sball
for every such offence be guilty Of
misdemeanor, and shall, on conviction
thereof, be fined, &C., or imprisoned, &c., or
both, ut the discretion of the court.'- ss
This section is clearly not founded upon
the fifteenth amendment, and, If constitu-
tonal at all, is so only by virtue of the clauses
of the fourteenth amendment which declare
as follows: Gail persons born and natural
jzed in the United States, and subject TO the
jurisdiction thereof, are citizens OF the United
States and of the State wherein they reside.
nr c.oto ehon mo le ar enforce aNy Ia W " 1ich