The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1889-01-22
JUDGE DUBOSE'S CHARGE.
A DISSERTATION ON BRIBERY IN VA
RIoUs FORMS.
A Blow at the County Court-The Grand
Jury Directed to Inquire Whether
Votes for County Officers Are Treated
as Merchandise.


The charge OF Judge DuBose TO the
Grand Jury yesterday contained some in
teresting reading, IRON which the follow
ing extracts are printed for the informa-
ton and guidance Of certain OF The AP-
PEAL's readers
Gentlemen Of the Grand Jury--You are
especially directed to inquire into viola
tons OF the following provisions OF our
statute laws, and present the violators
thereof TO this Court. In the development
OF human wickedncss that at times have
been disclosed, and which has the great
est tendency TO pcrvert justice in govern
ment is the oliense Of bribery Of public
officers. The law abhors corrup.
ton in those who are in any
way concerned in its administration and
will not endure their taking reward for
the performance of official acts for which
1t has prescribed the severest punishment.
IL has been held indictable TO be concerned
either as actor or receiver in the bribery
or attempt at bribery of voter at public
election q commissioner OF revenue of q
member OF n municipal board, Justice of
the Peace. And the same rule has been
applied to corrupt agreement between
two or more persons that one shall
vote for the other as commits
sioner in consideration that the other
shall vote for him for some other
office to be elected by the joint commits
sion after the same shall have been consti-
tuted. II would not be proper for me TO
direct your attention specially to persons
or officials who are, to some extent, pub
licly spoken OF as giving and others who
are charged with receiving rewards for
| public office, as that must be left to your
| inquiry. Officials who are charged with
the duty by law OF appointing or clecting
| to certain offices in the county, are aC-
cused of making merchandise of their
| votes by selling them 20 the highest bid
! der. You may inquire into this, and, IL
| the facts warrant you in 50 doing, you will
indict all such offenders.
In further extending these views IL is Of
the highest importance that persons be
elected 10 carry ON government in its
! various departments that in every case a
! suitable choice be made. Therefore any
| act tending to defeat these objects as
f0rcibly or unlawiully preventing an cleo
ton from being held; bribing or corruptly
| influencing an clcctOr; receiving an cleo
! ton bride; casting more than one vote;
| furnishing false tickets; fraudulenlly TAX
| ing tickets outoi the ballot box; unlawiuly
receiving or rejecting votes; bringing in
fraudulent voters from other States, are
olfenses under our law and deserve the
sevcrest punishment. Grimes against the
elective franchise should be found out and
the offenders brought 20 the bar OF this
court for trial. In our country govern.
ment, ~ IL is based on popular election,
abuse by force or fraud OF the elective
| franchise cannot be too severely con-
demned. The evil Of such acts are 80
wide spread as TO endangcr the perpetuty
OF the Government and brings in its train
public decentralization and individual cor.
rup,ion. Integrity in the sense OF honesty
IN connection with popular elections must
he the ioundation-stone OF our Govern
ment, or otherwise II is like n house built
upon sand, that may be swept away by the
iifst storm. Without IL corruption oil the
ballot-boX Is disease that viii inevitably
destroy the body polite. Ii may be con-
tended by some very good citizens that n
large class OF the community are unfit 20
| exercise the elective franchise and
that they should not be protected
IN their right to vote and that fraud is
iusliliablo IN dopriying them Of this right.
| inc INV gtalls 10 tAtu anu every lnulNlu-
ual within the qualifications prescribed
the privilege OF casting his ballot accord
ing Ia bis own sense and judgment, and TO
| question his right to do 50 is TO place one
self in open opposition and defiance TO the
Constitution aud the laws under which we
live and will inevitably lead 10 dcpriying
others OF different class Of their
| franchise whenever those who commit
the frauds believe IL 10 bo their interest to
do 10. The only security 10 individual
| liberty Il in the enforcement Of the law as
II is, aud il is largely your duty, gentle
men Of the Grand Jury, TO see Il carried
| out ~ enacted 10y our Legislature.