Samuel Freeman Miller

“ It is said, however, that since the evil intent is not shown to have been specifically aimed at the returns of the vote for congressmen, the statutes of the United States can have no force so far as the infliction of any penalty is concerned; and it is asserted that congress has no power to provide for any punishment where no intent affecting the congressional election is averred. ”

“ Crimes against the ballot have become so numerous and so serious that the attention of all legislative bodies has been turned with anxious solicitude to the means of preventing them, and to the object of securing purity in elections and accuracy in the returns by which their result is ascertained. The acts of congress and of the state of Indiana now under consideration are of this class. The manifest purpose of both systems of legislation is to remove the ballot-box as well as the certificates of the return of votes cast from all possible opportunity of falsification, forgery, or destruction ”

“ So, while we have attempted to answer the main argument of prisoners' counsel, that congress had no power to punish an act not specifically intended to affect the election of a member of congress, though the act was done with a felonious intent, and that if it had such power it has not exercised it, we thought it not necessary, under the principle laid down in Ex parte Watkins, to inquire into the sufficiency of the allegation of the more minute details of the offense as charged in the indictment. ”

“ And, as the laws of congress are only valid when they are within the constitutional power of that body, the validity of the statute under which a prisoner is held in custody may be inquired into under a writ of habeas corpus as affecting the jurisdiction of the court which ordered his imprisonment. And if their want of power appears on the face of the record of his condemnation, whether in the indictment or elsewhere, the court which has authority to issue the writ is bound to release him. ”

“ While we do not think it necessary to elaborate the argument, which has been fully considered in the court below, and in several opinions on writs of error and applications for habeas corpus in various inferior tribunals, we do not doubt that the indictment sets forth a conspiracy by the parties to this appeal to induce the inspectors of election in Indianapolis to omit the discharge of their duty, and to fail to safely keep and guard the poll-lists, tally-papers, and certificates committed to their care for the precincts at which they each presided. ”

“ If two or more persons conspire either to commit any offense against the United States, or to defraud the United States in any manner or for any purpose, and one or more of such parties do any act to effect the object of the conspiracy, all the parties to such conspiracy shall be liable to a penalty of not less than one thousand dollars and not more than ten thousand dollars, and to imprisonment not more than two years. ”

“ It would be a very singular principle to establish, that, where a man was charged with a homicide, caused by maliciously shooting into a crowd with the purpose of killing some person against whom he bore malice, but with no intent to injure or kill the individual who was actually struck by the shot, he should be held excused because he did not intend to kill that particular person, and had no malice against him. ”

“ Gross carelessness, by which a person may be injured or killed, while it may reduce the offense from murder to manslaughter, or modify the penalty, does not wholly relieve the person guilty of it from criminal responsibility. ”

“ While the federal government has not thought it advisable to provide for separate elections for congressmen, nor to interfere with the general laws for the conduct of those elections passed by the states, it has enacted the sections above referred to, and among others those for the punishment of persons who violate the election laws at an election where votes are cast for a member of congress. ”

“ The law is violated lated whenever the evidences concerning the votes cast for that purpose are exposed or subjected in the hands of improper persons or unauthorized individuals to the opportunity for their falsification, or to the danger of such changes or forgeries as may affect that election, whether they actually do so or not, and whether the purpose of the party guilty of thus wresting them from their proper custody and exposing them to such danger might accomplish this result. There are many instances when an act may be criminal in its character without there being a criminal intent. ”

“ The states are as much interested in guarding against frauds at such elections, and in maintaining their purity, as it is possible for the general government to be. They do not require for their protection in such matters the aid of the general government, any more than in other domestic affairs. ”

“ Governments, both national and state, and even municipal, make laws for protection against articles, such as powder, or glycerine, from accidents resulting from negligence, where no intention exists to cause an injury. ”

“ If, at any election for representative or delegate in congress, any person knowingly personates and votes, or attempts to vote, in the name of any other person, whether living or dead, or fictictious; or votes more than once at the same election for any candidate for the same office ”

“ As observed on a former occasion, 'they are invested with the sole power to regulate domestic affairs of the highest moment to the prosperity and happiness of their people, affecting the acquisition, enjoyment, transfer, and descent of property ”

“ If persons violate these laws they become liable to the penalty prescribed, because the necessity for strict care and caution in regard to such dangerous substances requires that carelessness in regard thereto, from which damage might result, should be punished, notwithstanding there may be an absence of any criminal or felonious intent. ”

“ The same judges, inspectors, and clerks preside and conduct the election for all these different offices. The votes for members of congress are generally put into the same box with those cast for the various state and* municipal officers. They are generally printed upon ballots, composed of one piece of paper, containing a long list of names, including those of the candidate for representative in congress, state, county, and municipal officers. ”

“ It is the omission of this duty, which was imposed upon these inspectors by the law of Indiana, of safely keeping these papers confided to their care, that constitutes the foundation of this proceeding. The provisions of the statutes of Indiana upon this subject may be found in the following sections of the Revised Statutes of that state: 'Sec. 4712. Certificate of Judges. (34) When the votes shall be counted, the board of judges shall make out a certificate, under their hands, stating the number of votes each person has received, and designating the office ”

“ The grand jurors aforesaid, impaneled and sworn as aforesaid, do charge and present that on the 2d day of November, in the year of our Lord 1886, an election for a representative in the congress of the United States from the Seventh congressional district of the state of Indiana was lawfully had and held in and for said Seventh congressional district of Indiana ”