Wilmington journal., 1876-03-24

tied to protection in their political
rights to vote and hold Office.
These are political rights derived
directly from the laws of the United
| States. No person can directly or in
directly interfere with, prevent or OBJ
struct the enjoyment of these rights by
any citizen without violating some law.
A conspiracy to prevent person
elected to office as a member of the
Constitutional Convention from OBJ
tanning his seat by Withholding from
him the proper certificate or giving
such certificate to another person is IN
violation of law.
It is the opinion of this c2urt that
there has been testimony presented on
this investigation to create a reason
able belief that such conspiracy ex-
listed.
Ever since the 18th amendment aud
Judge Bonds opinion in the Peters
burg case, which was State election,
l believe the law to be, in this circuit,
at least, he u. s. Government under
takes to protect "the citizen" in the
enjoyment of his political rights as
contradistinguished from social, civi
and naturai rights. which are left as
before, under the exclusive control
of the States. [ understand the
''Slaughter-house cases. to DECIDE that
the States have exclusive control over
the 'entire domain of civil rights, )"
conditionally. But the right here al
legged to be invaded is not civil right
within the meaning of that de-
cision; the right to vote is a political
right. pure and simple; is not a
natural right. OF course the invasion
of this right is a violation of the
safeguard of the 14th amendment. The
constitution, however, does not operate
as a statute does; it requires appropri-
ate legislation" The offence charged
in this affidavit may be & violation of
the constitution, and yet not indicta-
BILE. [ further understand Judge
Bonds decision to be that the Z s.
government guarantees these political
rights, and Furnishes the invasion of
them, Wtethe1' they be Of State or u
S. Origi1ay' that State has a right to
withhold or confer the elective
franchises; the State Las right to
Withhold, or confer the sight to hold
office; the State has the right to pre-
scribe the punishment to be imposed
on those who Violat@ or invade them,
and if these laws are equal upon all
classes, the q. 8. authorities not only
respect, but on demand of any citizen,
will enforce them during their coDtin
uance. L think good deal of time,
therefore, has been wasted in the en-
deavor to make this complaint fit
in with the wo-ds of some act of Con
eress. [ believe the prosecutor at
last fell behind section 5,519 retreat
ing Ill good order from all his other
positions. / should not be surprised
to learn that. by construction, the con-
spiracy charge may be found prohibit
ed by the language of that section.
But whether that be so or not, these
defendants are guilty of violating the
election laws of North Carolina to a
much greater extent than the Peters
burg men. There in State election
the laws OF Virginia We're violated, and
now for violating the State law of
North G .rolina, conferring political
privileges. On this complaint the de-
PENDANTS are in my opinion amenable
to the United States as well as the
State: 1t is the duty of the State
magistrates as we'll as the Q. S. Com
on proper complaint, to
send them to the United States
Court for trial. If | am not mis-
taken the jurisdiction of the United
States Court is in such cases eX-
it is at least concurrent, and
as have the power I select the prefer
able tribunal. The law Of North Caro-
lima forbids and Furnishes as a misde-
metiior any false certificate OF this
character; any such misconduct as is
here complained of, aud the courts of
the United States within her borders
4 to nrNf. hnr lov IN
favor Of United States citizens. The
same remarks apply to the case of all
who aid, abet, counsel or procure the
crime or cOnspire IN its perpetratlon.
Such conspiratOrs aud abattors are
equally guilty with the offender and
Az ch1rgeable as principals. My con-
clusion Is, therefore, that there IS
sufficient evidence against all these de-
PENDANTS, with the exceE tion of Thomp-
son, to warrant their arrest and de-
tention and TO require them all to
make their appearance at the next
term of the Circuit Court at Raleigh.
One of them resides there and can be
arrested at any time during the sitting
of that tribunal; and Others will be
required t. give bond and security in
the sum of of s., 600 each for their ap-
pearance. 1t is proper to state that
the evidence satisfied me that Ot;.e-s
also are implicated in the same con-
spiracy, aud entered into it with the
same guilty intent. Thc district at
torney having heard all the evidence
and being better informed upon their
than myself is the proper Off
Ger to bring them before the Circuit
Court. J. J. CAssIDEY,
Z. S. Commissioner.