The Weston Democrat. [volume] (Weston, W. Va.) 1875-current, 1880-03-20

vi ptOSfSFs ~ SAAI"NAi ~ ASSS ,'S>
his personal liberty; and that Il
cer'i0rari will issue, in connection
with the writ, to bring up tho re-
cord Of the inferior tribunal for cx'
animation. III such case this Court
will
LOOK INTO TIE RECORD
to determine, not whether the in
ferior tribunal has crretl in its ac.
ton, but whether it las exceeded
its jurisdiction in tho imprison-
mcnt of the petitioncr-(E Ex parte
Ycrgcr, s Wall, S.; &C rPurte Lange,
Is ibid, 1867
The indictment is found upon
the fourth section of the act ofCon-
gress of March lst, 1875, ''to pro.
feet all citizens in their civil and
legal rights" which declares !:
"lhat no citizens possessing all
other qualifications, which are
or may DO prescribed by law, shall
be disqualified for service as grand
or petit juror in any court OF the
United States, or any State, on ac-
count of race, color or previous con-
dition OF scrvitutde; and any oili-
Ger or other person charged with
any duty in the selection or sum
moning OF jurors, who shall cx-
clude or fail to summon any citI-
zen for the cause Aforesaid, shall, on
conviction thereof, be deemed gull.
ty of misdcmeanor, and be fined
not more than five thousand dol
lars"
IN what I have to say, ] shall
endcavor, to show that the District
Court, in issuing its process for the
arrest of the defendant, and in im-
prisoning' him, exceeded its juris-
tliction; 1st, because, assuming
that the act of 1875 is constitution
al and valid legislation, the indict-
mcnt describes no offence under it,
but is void on its face; and I'd,
because the act, in the section cited,
so far as it relates to jurors in the
State courts, is unconstitutional!
and void.
The indictment merely repeats
the general languarge OF the stat
ute. It AYERS that the defendant,
being judge of pittsylvania county
and an officer charged by law with
the selection of Jurors to serve in
the circuit and county courts of
the county, excluded and failed to
select as jurors, on account OF
race, color, and previous condition
of scrvitude, certain citizens of the
county possessing all other quaIiti-
cations prescribed by law; but it
names no citizens who were thus
excluded, and of course designates
no specific traversablc offence 1t
is essential 10 a valid indictment,
that it would set forth the offence,
with such particulars OF time;
place and person, that The accused
may know the nature of the change
and be able to prepare to meet it.
1t is not enough to repeat the de-
iinition of the offence in the sener-
al language ofthe statute, and then
,vor tbat iho defendant has been
guilty Of the offence thus defined,
without other specification. 1t is
not sufficient, for example, to charge
in an indictment that the delend'
ant has been guilty Of murder,
without stating the name OF person
murdered, Or if his name DO un'
known, giving such u description
as to identify him. An Indictment
without such specification would
be merely Il collection OF polntless
words. This doctrine is only COM
mon learning; it is found in the
hornbooks Of the law; it is on the
pages thumbcd by the student IN
his
FIRST Lesson IN CRIMINAL PRO-
cEDuRE.
The Constitution, in its Sixth
Amendment, strikes with nuIllty
all such vague accusations ns ara
embraced in this indictment. It
declares, repeating in this respect
the doctrine of the common law,
that, in all criminal prosecutions,
the accused shall "bc informed Of
the nature and .cause Of tho accu-
sation" against him; and this
means that nll the essential i'll.
gradients of the offence charged
must be stated, embracing, with
reasonable certainty, the particu-
lars of TING. place, and person Or
property. 1t is only by such ln-
formation that the accused will be
enabled to prepare his defense, and
avail himself of his acquIttal or
conviction against any further
prosecution ior the same cause.
AThis principle" says Bishop in
his treatise, shat the indlct'
mcnt must contain an allcga'
ton Of every fact which is
legally essential to the punishment
to he inflicted, pervades the entire
system of tho adjudged law OF
criminal procedure. 1t is not
made apparent to our understand
ings by II single case only, but by
all the eases. Wherever We move
in this department Of our jurispra'
| drncc, We come in contact with'it,