The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1879-03-05
The Republican Laws To Infiict Pun
ishment for Political Causes.


ishment for Political Causes.
We trust that the country viii not be
disappointed in the hope that the odious
laws by which Democratic citizens have
been indicted in secret, upon er payte
testimony, and tried before prejudiced
iuries organized to convict, have been re
pealed at the session Of Congress which
closed yesterday (the 4th)- 1t would be
the crowning achievement Of the Dem
ocratic members Of the 45th Congress
The following are the main provisions Of
the law, which it was proposed should
be wiped from the statutes:
Sec. 500 The following shall be cause Of
disqualification and challenge 81 grand and
petit Jurors in the courts Of the United States,
in addition to the causes existing by virtue OF
section Sl2 namely: Without duress and co
ercion 10 have taken up arms or to have joined
any in-urrecfion against the United States; 10
have adhered 10 any Instruction Or rebellion
giving il aid and comfort; TO have given dl-
rectIv or indirectly. any assistance Ia money,
arms. horses. or anything whatever, % OF Tor
the use or benefit 81 any person whom the
aiver Of such assistance knew 10 have joined,
or To be about 10 Join any lnsUTrectIOn or re
beiIiou or to have resisted or to be about to
t. resist with force Of arms the execution 81
the laws OF the United StJte-- or whom he
had good ground to believe to have foined or
To be about TO Join any in5urrection or rebel
lion or u have resisted or to be about 70 resist
with force OF arms the execution OF the laws pf
the laws Of the United States: or 20 have
coun-elled or advised any person 10 join any
iu-urrection or rebellion, or to resist, with
force If arms the laws OF the United States.
Sec. S2l At every term Of any court OF the
United States, the District Attorney or other
persons acting on behalf OF the United States
in said court, may move, and the court IN
their discretion NAV require the clerk to ten
der to every person summoned 10 serve a. a
grand or petit juror or vculrcm1n or tale1flan,
in said court. the following oath or affirmation,
namely: " Gou do s0lemnlv swear or affirm
that you viii support the constitution oil the
United States Of America. that Won have not
with dure-s or cuu-fraiut taken up arms or
Joined any iusurrectjou or rebellion against the
United States, and that you have NOT adhered
to any Instruction OF rebellion, giving il aid
and comfort; that you have not, directly or
indirectly. given any assistance in money, on
any other thing. 10 any person or persons
whom Won knew. or had good ground TO be-
leve. to have Joined or 90 be about 10 Join said
in-urrection or rebellion, or to have resisted
or to be about 10 resist. with force OF arms, the
execution OF the laws Of the United States, and
that YOU never couu-eiied OF advised any per
son To- ioin any instruction or rebellion agan~t
or to resist. with force Of arms the laws Of the
United States. ~ ANY person declining to take
said oath shall be discharged by the court
from serving on the grand or petit jury. OF
retire to which he may have been summoned
These provisions, coupled with the
power vested in the hands Of an unscru-
pulous partisan Judge, prosecuting At
torney and Marshal completed the ma
chinery by which vengeance has been
| executed against Southern Democrats
for the exercise Of their political rights,
and by which the Republican admins
tration has endeavored by a system OF
terrorism to proIong its ill-gotten lease
Of power How this Radical bulldoozing
machinery has been operated, will be seen
from the proceedings in the case Of the
Natchitoches prisoners now on trial in
New Orleans. The defendants were
charged with violating the election laws.
The procuring of indictments was an
easy process. The Republican managers
have never failed to obtain the testimo-
ny which they may desire before their
grand juries. They have sought and it
was found and then came the empan-
melting Of petit jurors for the trial Of the
accused. 1t was after this fashion
r. Lambert was called. He came to New
Orleans in 1916. He went into the Confeder-
ate army voluntarily, and because he sympa-
thiscd with that side.
At this point the defense raised the point
that the fret, that man had been in the Con
federate army and svmpathized with the
South in the late war, was not a good cause OF
challenge.
The point was argued by Mr. Egan. In the
course of his argument he said that 1t was
clear that the test oath served no other pur-
pose than to keep Democrats of the jury.
1t was an oath that the district attorney,
the L. :. Marshal and the Senator in Congress
from this State could not take. Judge Esan
presented number Of strong reasons why the
test oath i not Il cause for challenge.
He claimed that section S2l which provides
for the test OATH is unconstitutional, and that
section $40. which provides that certain things
shall be causes OF disqualification and chal-
enge for grand and petit jurors, was not al
part OF the law OF the land.
The court said that he would hesitate to
declare Il law unconstitutional without care
ful and mature consideration.
He therefore overruied the objection with
reference to section $40, which provides cases
of disqualification. The court said that ii
was part OF the law OF the land, and that he
had 50 decided in a decision rendered in this
circuit.
Thomas b. Brady and c. J. Dakin were ex-
cused because they could not take the test
oath.
Thomas f. Suter was accepted. lie Is 4
native OF the State and has been in New Or
leans since 1915. Was in Livingston parish
when the war broke out. Was not an active
participant in the
c. +. Leveritt. L. c. Army. w. +. Murphy
and u. W. Carey were excused ON account OF
their inability to take the test oath.
The repeal Of the clauses above quot
ed will do away with this test; and if it
be supplemented by a fair method Of
drawing jurors, a grand object will
have been achieved by the constancy and
determination Of the Democratic House
of Representatives.
The Issue Joined.
Il. Il