Hodges v. United States

OASES ADJUDGED THE

IN THE UNITEDSTATES, OF COURT SUPREME AT TERMS, 1905-1906. OCTOBER UNITED STATES. OP THE UNITED THE DISTRICT STATES FOR THE COURT TO ERROR EASTERN DISTRICT OP ARKANSAS. Term, 19, docket, October 1905. —Restored to 1905. Submitted of October

14No. Argued argument, 23, May 28, April 1906 . Decided November oral 1905. — filed, 24,1906. until dissent October withheld Opinion 1906. — solely operate on action Fifteenth Amendments state Fourteenth vests Unless the action. Amendment oh individual Government, remedy wrongs com- the National through persons of descent state by, African iridividuals on mitted tribunals, subject of this court writ supervision state action proper cases. error Thirteenth, Notwithstanding adoption Fourteenth and Fifteenth Amendments, one enumerated still remains Government’ .National vitality. powers, and of its the Tenth is not shorn Slavery Amend- the Thirteenth involuntary as denounced servitude another; one to ment mean a service of compulsory condition of enforced emancipation and while inciting that amendment cause every individual. race, every the colored race and reaches Civil adopted after Constitution The-result to the of Amendments emancipated slaves citizens slavery, to make the War ivas to abolish yol. com — 1 of the Case.'

Statement 203 U. 8. jurisdiction. and not wards of the Nation over whom retained people binding courts; they This decision of the upon the and cannot attempt to determine whether it was the wiser course. The United court no has under the Thirteenth Amend- 1978, 5508, 1979,. 5510, Statutes, ment- or sections charge Revised of a conspiracy of and out prevent made carried in a State citizens of descent, color, making African of carry- because their race and ing agreements out contracts and to labor. On 8, October into jury returned the Dis- grand trict Court of the States for the Eastern District United of Arkansas (now indictment .-an the defendants, charging .plaintiffs error,) others, with willfully “did and knowingly, unlawfully conspire oppress, and threaten intimidate Berry Winn, Dave Hinton, Percy Joe Joe Legg, Mardis, McGill, Dan.Shelton, Jim Hall and Shelton, citizehs George States of United African descent, the free exercise and enjoyment and to them privileges secured and each them the Constitution and laws of the United States and because their same, exercised the to wit: having. said Berry Winn, Hinton, Percy Dave Joe Mardis, Legg, Joe McGill, Dan Shelton, Hall Jim and George Shelton, being then and there of African persons descent and citizens United States and of the State of Arkansas, had and then there made and entered into contracts.and agreements A. James Davis and James S. persons then Hodges,1 and there business under the name of Davis & doing as Hodges copart- -on the ners, lousiness of carrying manufacturers of lumber at Hall, said county, White -the said contracts for the being - firm said said employment Berry Winn, Dave n Hinton, Percy Mardis, Joe Legg, McGill, Joe Dan Shelton, Hall and Shelton as Jim and George laborers workmen' about, said establishment, by., and their which manufacturing Winn, the said Dave Berry Hinton, Percy contracts Legg, Dan Shelton, Jim and Mardis, McGill, Joe Joe George Hall perform on their labor and services' at Shejton part were plaintiff Not the in error. STATES. UNITED Case. Statement U. S. hand, on the other receive, were to and manufactory said being right same services, compensation, and their labor Amend- by. them conferred privilege and laws States and the the Constitution ment to being and similar to thereof, in pursuance passed while white citizens thereof, State in said enjoyed Mardis, Winn, Hinton, Percy Legg, said Dave Berry Joe were George Jim Shelton Shelton, Hall, Dan McGill, Joe the said defend- said right privilege in the enjoyment willfully, .unlawfully knowingly,. conspire did ants threaten, and intimidate them to injure, oppress, aforesaid of said privilege, exercise the free so the same and be- exercised having because descent, said were citizens of African they enjoying cause Dave notifying Berry Winn, then and there the said by right, Shelton, Mardis, McGill, Joe Joe Dan Hinton, Percy Legg, they -must said and Shelton that abandon Hall, George Jim at mill and their said work said and cease to per- contracts thereat, any further labor or receive further com- form labor, threatening they said and case by pensation them, by said work to and there- injure not so abandon did willfully there and unlawfully marching then and after to and moving body against- the business place and Berry Winn, firm while the said the said Dave Hinton Mardis, McGill, Joe Joe Dan Jim Percy Shelton, Hall-, Legg, were engaged they Shelton thereat and while George and the of said contracts performance therеon, were- in the said then there being and armed with deadly defendants weap- and threatening said ons, intimidating workmen there with the purpose compelling them employed, vio- threats and otherwise to remove from lence and said place said work and business, to cease the stop enjoyment said and then privilege, and and there willfully, deliberately, and unlawfully said compelling Berry Winn, Hinton, Dave Percy Legg, Mardis, Joe Joe Dan McGill, Shel- ton, Jim and Hall, George Shelton to said work quit and

Statement of the Case. and of all ad- abandon said cease free place contracts, said so under same done vantages being, said defendants and each of them for the purpose driving Hinton, the said Berry Winn, Percy Dave Joe Legg,. Mardis, Joe Dan McGill, Shelton, Hall, Jim George Shelton from said and from their labor place business they because were African colored men and descent, citizens contrary form of in such case made and the statute provided, the United States.” peace dignity

A indictment, demurrer on ground offense created sections 1977 and Rey. Stat., under which it was was within found, courts of the but was judicially cognizable overruled,.a tribunals trial only, had, state and the three in error found sentenced im- plaintiffs guilty, separately co for different and to prisonment fine, terms to be thereafter office of or trust ineligible profit created Con- by the stitution or laws of the United States. Sections 1977, 1978, 1979, 5508 and 5510 read as follows:

“Seс. 1977. All within persops the jurisdiction of United States shall have the same in every State and Territory make enforce contracts, to sue, be parties, evidence, and to full give and equal benefit of all laws security proceedings persons and property as is enjoyed by citizens, white and shall subject to like pun- ishment, taxes, pains, licenses, and penalties, exactions of every kind, to no other.

“Sec. 1978. All of citizens the United States shall have same in every State and as is right, Territory, enjoyed by thereof, white to inherit, lease, citizens purchase, sell, hold, convey and- real personal property. statute, 1979. of Every any color person who, under “Sec. ordinance, or Ter- or of State regulation, custom, any usage, ritory, subjects, or causes be subjected, any citizen- United States or other within person jurisdiction thereof to of deprivation any or. rights, privileges, immunities UNITED STATES. n Argument for- Plaintiffs in Error. U. S. laws, Constitution shall be.liable by secured or other law, equity, in an action at suit injured party for redress.” proceeding proper injure, two or conspire If more persons 5508.

"Sec. exer- threaten, or intimidate citizen the-free .oppress, any in. by or to him of secured any or .enjoyment privilege cise or laws of or because the United Constitution same; exercised or if or more persons so two his having another, or on the on the premises highway, disguise go or or enjoy- hinder his free .exercise prevent intent so fined secured, they or shall be any privilege ment more five thousand dollars and not imprisoned more than thereafter shall, moreover, be years; ineligible than ten or trust created honor, profit, or office, place to any or laws the United States.” Constitution Every any law, under color who, person “Sec. or causes ordinance, custom, subjects, or regulation, statute, Territory inhabitant of State or subjected, be immunities, or any rights, privileges, the deprivation the -'Constitution and laws or protected by secured or penalties, States, or to different punishments, pains, reason alien, of such inhabitant being on account than for the race, prescribed punishment color are of his than a fine of not more one citizens, shall punished of- n than one dollars, not more imprisonment thousand both.” year, involved, judg- constitutional questions being

There directly this court on writ error. was brought ment Clarke, P. C. J. F. Going Gautney, Mr. L. and Mr. Mr. James in error, submitted: plaintiffs below and demurred contended Plaintiffs error that— here contend do therein contained matters, things ¿ll'egátions the laws offense public

not constitute of the United States; of the Revised Statutes section 1977 6 1905.

Argument for Plaintiffs in Error. XI. 203 S. which is States, founded, the indictment is unconstitu- taken, tional; section 1977 the when Statutes, Revised same, construed section 5508 of in so far the .creates is imposes penalties, offenses violation of the Consti- tution; by the offenses created the said sections are not within Statеs, of the United are be- cognizable tribunals only. fore state

The court below overruled the demurrer and sustained the of the on Government en- position ground right by the African citizens set joyed out indictment a secured to them under the laws Constitution right States. But United see United States v. where Cruik- S. this court all shank, U. held rights are so granted is is a or secured. Whether one so or not question of law to court, be determined not the prosécutor. is resolved

This case into a simple question: Is the right contract one guaranteed secured the Constitution or laws of isOr, States? of a citizen of right a African descent make enforce contract right granted or secured him the Constitution or laws of the United States?

The court below failed to the distinction recognize between declared and but not or secured rights recognized, granted the Constitution and laws. Such a distinction exists and has this court. been noticed Logan United S. 263, U.

Citizenship under the laws of the various States' of this Union not essential right to.the contract. Aliens are contract, and to have and permitted enforce the same in reference thereto as citizens. The to contract existed' to the of Independence, Declaration or the prior long, The Thir- adoption Constitution of the United States. teenth did or make more than to create nothing a freeman munici- slave. Since he beóame a freeman laws him of the land pal contract, to sue give and be sued thе State or in which he municipality resides. STATES. v. UNITED Argument in Error. for Plaintiffs of the vocations ordinary or follow The right pursue of the United or laws Constitution life are not created inalienable inherent and but' are States, among for their existence not man, therefore, dependent and are, City v.- Crescent Butchers' Union the Constitution. upon S. 3, 109 U. 13. Co., Cases, Ill Civil 746; Rights U. S. true, indictment to be facts in the alleged

Admitting a of certain conspiracy upon part not follow that the does with a citizen Negro intimidate interfere individuals fastens upon Negro of Iris contract performance a to fasten than it would be held any more badge slavery contract if his a white man slavery upon badge or threats. intimidations should be interfered in the indict- said of the acts alleged most that can be The crimi- or in violation is that a violation they ment are The of Arkansas. Thirteenth Amend- of the State nal laws color, or class or not to distinction of race has respect ment slavery. but to a law a State from Constitution passing prohibits not Con- of a contract. This did give the obligation

impairing of con- laws for enforcement provide general power gress United States nor to invest the courts of the tracts, sue over contracts so as to enable parties upon with power 109 U. S. 3. Cases, in these courts. Civil Rights them of some of secured Examples rights guaranteed and'laws of States are those such the Constitution the'United ‍​​​‌‌​‌‌‌​‌​‌‌​​​‌‌​‌‌​​​‌​‌​​​​​‌​​‌​‌‌​‌​​​​‌‌‍to vote trade-marks, lands, homestead рatents, public Waddell, 112 S. elections, etc. United States v. U. in Federal 76. officers of conspiracy

But a to intimidate- and compel or to company discharge employes, compel mining not'an to leave the service employés company, v. offense the laws of the United States. Pettibone U. 202. St. the disabil- Proclamation removing The Emancipation him placed made citizen and ity Negro upon 1905. 8- Argument Plaintiffs Error. U. S. law as before the the white race. United the same plane (U. S.) 28; 1 Abb. 1 Kent v..Rhodes, Com., note; (N. C.) 4 Dev. & Batt. Manuel, State will authority In the last-mentioned be found an unan- In proposition. swerable argument discussing Gaston, of a free speaking court, question Negro, Judge laws of this all human State, “Under the said: beings within fall within one of classes, it who are slaves two aliens or n Slaves manumitted here all men, citizens. become free within born the State are citizens.” free persons was cited and This case State v. approved Newsom, 5.íred: (N. C.) 250. on the other African

If, hand, the citizen his’ acquired of life, liberty of which pursuit happiness, include from the statutes contract, the under consideration or right has Amendment, the Thirteenth he acquired rights, privileges by virtue of that instrument which the protection white it whom was did not and made, could not man, secure to himself. to the theory Government

According case,’ color is and the the white man becomes changed when the . and the citizen African descent the conspirator, victim, the can and arm the Government will be stretched forth strong the citizen of African It descent. cannot protect be pos- the Thirteenth Amendment can sible that Con- give States of the United to enact a right code munic- gress for merely laws purpose citizens ipal protecting African descent right contract.

If individuals should undertake to enforce citizens of upon African descent other person’s any form or badge it cannot slavery, that this would a make cause doubted action United States courts. cognizable all Peonage Cases, 207, The are illustrations of the laws As to the applicability under' discussion. constitutionality of see Statutes, sectioil 5519 of the Revised Harris, United U. v. 106 S. 626. States v. STATES. HODGES UNITED Argument for the United States. S. 203 U. Purdy, D. whom Mr. Milton Attorney General, Carlton, Mr. J. Attorney to the Otis General,

Assistant the brief on Attorney General, Assistant to the were Special States. for the United of law is:

The question descent a citizen of of African Has colored the United States him laws the Constitution or secured right call to work at any United States .particular occupation laborer of a common example, capacity ing as,—' (manufacture injury, of- free from and, therefore, lumber — citizens, on of individual or interference oppression, part interference motive injury, when the o.r oppression, per from the fact solely that such laborer is arises colored son of .African descent? constitutionality does not

This involve the question V. United Stat., doubt, Rev. whiсh Motes 5508, open § 458, S. “any U. but States,. simply phrase whether him or laws secured to the Constitution privilege ,of in this States,” includes the charged n indictment who been secured citizens colored having acts of indi- away' by. driven work the unlawful were 545, In view of United 92 U. Cruikshank, viduals. S. con- S. is vain to Logan v. U. 293> Federal Constitution to a citizen of the tend that the secures to work at a or par- the right occupation United States given free interference injury,-oppression, ticular calling be natural citizens. Even such individual though "citizen duty right, inalienable protecting interference,, of such free from individual right, rests, with the State. alone therefore, the additional element infliction

Unless, on another, solely individual citizen upon one injury such color, of his be sufficient to redress ground account must be injury individual citizen injury suffering In what laws. of his to the state left for redress grievance as it Constitution old Constitution —the called the .may- be 10 1905.

Argument for the 203 U. S. United States. no stood before war provisions amendments —there were which could Art. IV, be invoked to 1977. sec- support § 2, tion be “The citizens of State shall entitled provided: each to all and immunities of several States.” privileges citizens If not were other it could inapplicable section on grounds, not here, invoked for it is prohibitive only be state action. Paul 8 v. Virginia, 168; v. Wall. Ward 12 Wall. Maryland, House 418; Slaughter Cases, 36; Harris, 16 Wall. v. States 643; Blake 629, 106 U. S. v. 172 U. 236. S. McClung, And can similar reason the not be sought U. Reese, the Fourteenth Amendment. United v. 92 S. 214; v. 542; United States 92 U. S. v. Cruikshank, Virginia Rives, 313; Ü. S. Ex 100 S. Civil parte Virginia, 339; 100 U. Cases, 3; U. S. v. Rights Harris, 109 United States U. S. 629; Bowman, v. U. James S. the Thirteenth Amendment,

Under however, may enact laws primarily individuals, operating United States 197 U.' S. if Clyatt, 207, and 1977 can not sustained § that under Amendment Government’s case must fail. The Thirteenth Amendment was intended to secure to the its colored race freedom. For practical history, and history Bill, Globe, 69, the Civil see Vol. Rights Cong. pp. 474, 503; of Mr. Mr. speeches Howard, Trumbull, Chairman of the Committee, and Mr. Judiciary Cowan. scope

And as the Amendment and the legislation Slaughter under it see House Wall. Cases, 36; United States v. 629, 641; 106 U. S. Harris, Clyatt v. United 97 U-.S. 207. Civil Act of 1875, Rights provided the Negro, with the white should equally man,- have accommodation in amusement, public hotels, places public conveyances, but this court held the Civil Cases, Rights 3, social attempted denial to be rights secured 1875, the act of from the distinguished fundamental the act secured did amount to the imposition of slavery. of a badge

The Thirteenth has been considered in some 11 v. UNITED STATES. Argument for the United 203 U. S. States. not court, in this but an examination of them is

other cases v; Ferguson, Plessy to the discussion of case. material' 275. 537; Baldwin, Robertson v. 165 U. S. Amend- This court has never held that the Thirteenth such as broad to permit legislation enough ment con- on the seen, Stat. We have 1977, is contained Rev. § have Harlan that Mr. Justice Field and Mr. Justice trary, validity to the their support opinions given 90, 16 Wall. 36, House Cases, Slaughter enactment. parent U. S. 91; Cases, 3, Civil 109 35. Rights . sustained 9, the act of was' validity April 1866, The and in Statéé, in the lower courts several-cases (U. S.) 28; United States v. 1 Rhodеs, courts. Abb. the state (U. Moody, v. Turner, S.) 84; Elizabeth Abb. Smith Matter of California, v. Indiana, 299, 306; Washington, 36 People Cruikshank, 1 319. Woods, 308, v. United States 658; was held to unconstitutional a dis- act Bowlin v. and in in People Washington, supra, opinion senting 2 Bush Commonwealth, (Ky.), 5. speeches the above authorities extracts from From contends that the people, having the Government Congress, of what colored of the status race clear notions condition, made to it to its servile would be return- attempts secure grant the Thirteenth Amendment intended of humanity It outrages feelings freedom. our practical had to free the who slaves the men fought believe to sever the which bound legal ligament intended merely latter at master, liberty his to cut -leaving the slave fundamental which en- from the white men him off a narrow construction leaves the black Such race joyed. made emancipation by in a state the break- worse of the cord of which bound the self-interest slaveholder ing to take That care of his motive would property. disappear Amendment, and the must people' adoption slaveholders strive, by have the former would foreseen the reconstructed through legislatures individual action ,

Argument for the United States. in States, the late rebellious the frecdmen from prevent in the property, courts, evidence, acquiring suing giving variety ways endeavor to those whom prevent great they as intended the to be bondsmen regarded Almighty from practicаl freemen. enjoying rights

For this used lan- purpose people court has which this said permits to enact guage Congress directly to punish acts of individ- operating legislation color of state by any not sanctioned v. uals, authority. Clyait 197 TJ.S. 207. States, United framers of that Amendment

The were familiar with the Constitution, that which provisions gave all laws which shall “To make be necessary, Congress power into execution carrying powers, proper foregoing this Constitution in all vested other Gov- powers inor States, ernment of the United or offi- Department cer thereof.” what is appropriate

As to see cases legislation, upholding laws, v. Prigg Pennsylvania, 539; slave 16 fugitive Pet. 21 How. 506. Booth, v. And like legislation, 1977, Ablentan § the' black and white races shall which declares ‍​​​‌‌​‌‌‌​‌​‌‌​​​‌‌​‌‌​​​‌​‌​​​​​‌​​‌​‌‌​‌​​​​‌‌‍be upon of these rights, apt equality ap- propriate. (cid:127) sections 1977 and expressed 5508,

The intent Congress, individuals, it an offense for is to make combina- acting solely because his tion, injure oppress Negro, color, to make and enforce contracts. in his right If and secured by are constitutional enact- granted may protect those legislate ments, Congress rights against United v. 92 U. Reese, 214; action. States S. Strauder individual Ex 303; Virginia, U. S. 100 'parte. 100 U. S. Virginia, West v. S. 651; 110 U. Yarbrough, v. Ex 339; parte v. 120 U. Franks, 678; Baldioin S. 76; Logan 112 S. U. Waddell, Motes v. United 263; 144 States, U. S. States, v. United ' ' S. 458. ü. States, 207, IJ. S. it was In v. United held Clyatt STATES. v. UNITED .13 for the United States. Argument U. S. unlike the Amendment, Fourteenth and Fif- authority to enact legislation teenth, Congress operating gives and that the Fourteenth Amendment individuals, did pass away legislation Congress take individuals. on operating 10 How. held that Sand-jord, slaves-were not

Scott ProclainaiicA maue Emancipation free, vhem citizens. ^ admitted, made them it'may be not secure to them freedom. That practical did but Amendment, because, the Thirteenth under was done may enact legislation pri- acting that Amendment it those' individuals, may punish who attempt marily upon of the his deprive action con- Negro by concerted that is a If a the reason he Negro. conspiracy solely tract a man, solely into blacks hinder white entered should be color, contracts, of his from making enforcing on account a for such case. That question, could how- legislate this arise in case. ever, does of doubt whether If there be legislation Congress, constitutional, the doubt Stat., be should be 1977, Rev. § to the validity favor of its rule according, expressed resolved Saunders, 12 Wheat. 213. Ogden 3,S. Cases, 109 U. see statement of Righté Civil —and it only case, on sustains' but 35—not opinion p. effect in, the broad that there inheres on ground sustained is man within the every everywhere race every belongs all of the essential rights a that free the National Govern- man, and privileges him the protect direct has the right legislation ment (cid:127) of his freedom. on By was submitted briefs. originally This case it direction, orally has also-been the Gov argued court’s welfare have public place little Exigencies ernment. in a court of in the of the laws and the justice interpretation And have admon They some yet they place. Constitution. well all sources of power. search National ish us to

Opinion the Court. S. 203 ü. is It not legally that in this important or any other State remedy under the state laws is If useless. true, that' consideration can not control interpretation of the law and the interpretation Constitution. The war is races no a war; sectional it longer is as bitter the State of Chase and as it is in the State of Giddings Arkansas. If who is in our midst can Negro be denied the must work, and live the outskirts of civilization, he will o.n than become more the wild dangerous beasts, because he has than most higher intelligence beast. He intelligent will become outcast about the borders and lurking living by depredation.

There is but one that condition, and that refuge is to himself back put under some chosen master the condition If has itself. the Nation not the at very, say to those threshold who declare this or other shall races, race it not have one of the most essen- tial a free man, powerless indeed. The Govern- ment submits that it has that It power. to the given Nation, by the Thirteenth Amendment, this case is brought' within it. after making statement, foregoing Brewer,

Mr. Justice opinion delivered the court.

While the was indictment founded on sections 1977 and we 5508, quoted other sections to show scope have the of the on the question involved. legislation general That prior the three helium post to the Amendments jurisdiction Constitution the National Government had no like that in over indictment is con- wrong charged this ceded; that Fourteenth and the Fifteenth Amendments do for .beyond dispute, also justify legislation they, the held, action, are state and no restrictions repeatedly complained of the State is of. part Unless, on the action in Amendment vests the Nation the therefore, remedy must be claimed sought through v. STATES. UNITED (cid:127) Court, Opinion of the subject in state tribunals the supervision state action cases. court writ error proper of this 36, 16 Wall. 76, defining House Slaughter Cases, In the of citizens the several and immunities States, the privileges Justice Washington from the of Mr. opinion this is quoted' Cir. Ct. Wash. Coryell, Corfield what are the says, 'is, “'The he inquiry,’ privileges no States? We feel of citizens of the several immunities to those expressions these privileges hesitation confining fundamental; nature, which are, and immunities of all free to the citizens governments; winch belong, right, citizens of the have, times, enjoyed by which at all been union, from time of their which compose several What these funda- free, sovereign. becoming independent than difficult mental, are, it would be more principles tedious be all however, comprehended may, to enumerate. The}' by the heads: Govern- protection the following general under with the liberty, life and ment, every kind, and to pursue property acquire possess to such nevertheless, and safety; subject, happiness and obtain for may prescribe general as the Government restraints ” thе whole.’ good 77): this court added (p. cases referring And after other show of learning attempt be the vainest “It would to the of the authority, up adoption by citations prove set no claim or that those pretence up Amendments recent on- the Federal Government their exist- depended very few beyond express limitations or protection, ence Constitution imposed upon which the Federal States— instance, as ex prohibition against such, post facto and laws attainder, bills laws, impairing obligation But with the contracts. of these and few other exception restrictions,- entire domain of the and immunities privileges of the within the con- States, defined, lay of citizens as above and without stitutional legislative power ' Government.” that of Federal 1905; Opinion of the 203 XLS. Court. three adoption Amendments, these Notwithstanding the National still remains one Government enumerated “ which reads Amendment, the Tenth powers, powers nor to the United States Constitution, délegated States, to the are to the by it reserved prohibited respec- is not its tively, or to the shorn of people,” vitality. True specified Amendment certain and addi- grants tional but any power Congress, Congressional legislation directed individual action which was not warranted find in it. before the Thirteenth Amendment must authority of that it scope And is well interpreting in mind of Mr. Justice Marshall, bear the words Chief Gib- 1, 188, Ogden, which, 9 Wheat. more though spoken bons still years than four score arе the rule of construction ago, constitutional provisions: intentions

“As men whose no require concealment, gen- which most erally directly employ aptly words express they convey, the ideas intend the enlightened patriots 'who Constitution, our and the who framed people adopted it, must understood to have words their employed sense, natural what intended said.” they have have The Thirteenth Amendment reads: nor slavery “Sec. 1. Neither involuntary servitude, except crime whereof the shall punishment party have been exist within duly convicted, shall subject jurisdiction. place shall “Sec. have to enforce this article power Congress by appropriate legislation.”

The of this is as clear as can .meaning make it. language denounced are things involuntary servitude, enforce given denunciation. understand these terms condition of All enforced com- of one another. service cause pulsory inciting {While was the the Amendment emancipation race, colored to commit attempt is not that race to the yet care of It of a Nation. is the denunciation condition-and not a decía- UNITED STATES. Opinion of the Court. race every It reaches in favor of a particular people. ration one it commits if in respect individual, and every individual every i't commits race every Nation race to the Chinese, involuntary servitude thereof."JSlavery within its com- as much are Italian, of the Anglo-Saxon African, Of involuntary as servitude pass in Slaughter Amendment it was said Mr. Justice Miller this seem sections Wall. “Its-two short Cases, 36, 69, Home “To withdraw to And hardly admit of construction.” again: yet simple of this grand the mind from the contemplation human of all the race declaration freedom personal . requires of this Government ... within it.” say an to the least of effort, words

A to the definitions the dictionaries reference all an seems is so understood whose .meaning thoroughly “ “ as the state of is defined affectation, yet slavery” Webster Even of one to the will oh another.”- subjection person entire subjection, fact of secondary meaning given recognizes sur- one who resistance; who has lost power as “one to whatever; passion, himself to slave power renders ” “ is drink, to and servitude ambition,” lust, strong “ or com- voluntary state of authority declared be the same to a master.” subjection pulsory of slavery, however,

It one of the disabilities said, is power of its was a lack existence, of the indicia one defendants, by these and that when contracts, make or perform men named in the colored force, compelled intimidation contract they from their to desist performing the indictment to a condition slavery, reduced those parties to that extent defendants, and the will of is, subjection deprived his But every a freeman’s contract. perform them of to an by another, done individual or in wrong acting singly concеrt with others, tanto to some of the pro operates abridge (cid:127) freedom to which A the individual is freeman has entitled. to be person his from assault and protected his safe He is to hold battery. tres- property entitled coin — 2 vol.

Opinion of the Court. 203 U. 3. pass no mere personal assault or tres- or'appropriation,jbut - pass appropriation to reduce the operates individual to a condition of Indeed, this is conceded counsel for slavery?^ (after Government, brief to certain referring court), decisions of it is said: “With these decisions, many 'and others that might be cited, vain us, before to contend' that Con- Federal stitution to a citizen secures States the work at a given occupation particular free from calling oppression, or interference by individual citizens.” injury, a such natural [('Even though or inalienable right, the of duty the citizen in protecting the of such free from right, individual rests interference, alone with the ) State.

“Unless, therefore, element, additional to the in- wit, of fliction an one individual injury upon citizen by another, solely on his account color,"be sufficient to redress ground of injury individual citizen such injury must suffering be left for of his redress to grievance the state laws.” of this concession logic points irresistibly the con- tention that operates Amendment only .Thirteenth protect the African race. This is evident from the fact that nowhere the record does it appear the partiеs charged to have been by the defendants wronged had ever them- been selves or slaves, were the descendants They of slaves. took no more from the Amendment than any other citizens of the United But if, States. seen, we have that denounces a condition all possible for races and all individuals, then a like wrong Chinese, white men a perpetrated upon a white man, black men men man upon any race, of his would come-within the jurisdiction on account and that of individual which protection eights Congress, was unquestionably prior virtue jurisdiction solely States, would by within Nation, subject Amendment be transferred to the of that of' . to the legislation Congress. v. UNITED STATES. Opinion Court. U. S. to de intent of Amendilient it was not the

But that if which was individual wrong act done to every nounce slavery, a yet justified man and condition free done to such denuncia enforce authority Congress to give In to the Chinese. respect consider tion, legislation free every States not infrequently the slave slave times carry judicial with him a copy was required Negro his to freedom or be subject evidence of decree other of slavery. That one of the incidents or was badges to arrest. all Chinese of May 5, 1892, required act By limits of the States apply within the United laborers from the .year one who after one a certificate, pas found within the jurisdiction the act should be sage be arrested certificate, without such might United U. S. Yue Fong In Ting deported. was presented, act deportation the Chinese validity this court. fully considered elaborately argued, at no during a division time opinion, yet there was While counsel, individual, no the litigation, the progress requir with was it that the it, court connected suggested slavery, of a condition a certificate evidence of such ing Thirteenth Amendment. by the prohibited when the Var, At the close of the civil more: thing One it Nation, the slaves was before emancipated the problem estab- in a left alienage, have them condition might tribes, the Indian as like wards Government them lished them, the Nation over retained and thus It chose latter. it them the did, citizenship. give it . might, it citizens of all made born Fourteenth By States and subject juris- limits of the United its within the By. prohibited the Fifteenth State diction. on account of race, color or suffrage

denying pre- servitude, Thirteenth it vious condition forbade within limits involuntary anywhere servitude this was toway Whether or was not the wiser of the land. is not a for the courts with matter problem deal the great 1905. Day, JJ., dissenting. U. 203 S. Harlan decision, which It is us declined accept consider. of the Nation or in them wards leave them a 'constitute they condition where would be subject alienage jurisdiction of but them citizenship, doubtless Congress, gave in run their best interests believing thereby long they would be subserved, chances other taking they should citizens the States where their homes. make think For these reasons we had no States court jurisdiction- of the charged-in indictment. wrong reversed,

The. are case judgments remanded with in- the demurrer to the structions to sustain indictment. n Mr. Justice Brown concurs the judgments. Harlan,

Mr. Justice with whom concurs Mr. Justice Day, dissenting.1 were, error .indicted with plaintiffs eleven others

the District Court of. the United Eastern District of Arkansas,- for the crime having knowingly, and un- wilfully lawfully threaten and conspired oppress, Berry intimidate Winn, Hinton, Percy Dave Joe Mardis, Legg, Joe Dan McGill, Hall Shelton, Jim Shelton, George persons of African and citizens of the United descent States and Arkansas, enjoyment' exercise and free privilege— to be secured to them respectively by alleged the Constitution ‍​​​‌‌​‌‌‌​‌​‌‌​​​‌‌​‌‌​​​‌​‌​​​​​‌​​‌​‌‌​‌​​​​‌‌‍and laws of the United States —of of their labor disposing and services by contract and of the terms of such performing contract without discrimination because of them, color, their race or and without vio- interference or illegal lent means.2 28, 1906, May announced Dissent- but not filed until October charged Winn, Hinton, Berry 2 The indictment “the said Dave "Mardis, McGill, Shelton, Percy Legg, George Joe Joe Dan Jim Hall and

Shelton, being descent, persons and then there of African and- citizens Arkansas,, oí the United States and of the State had then and there *. UNITED STATES. Day, JJ., dissenting. and TJ. S. Hablan section 5508 primarily upon indictment based “ If two or which Sec. Statutes, provides: the Revised threaten or intimi- injure, conspire oppress, persons more of any enjoyment the free exercise citizen any date or. to him the Constitution or laws by secured or privilege right of Ms so exercised the having because agreements and with James A. Davis and entered into contracts made Hodges, doing business under the persons then and there James S. and Hodges, carrying 'of copartners on the business manu Davis & as name of Hall, county, being said at White in said contracts of lumber facturers Winn, Hinton, by Berry the said Dave employment said firm of for the Shelton, McGill, George Mardis, Percy Legg, Dan Jim Hall and Joe Joe manufacturing- Shelton, and workmen in and about their said laborers as Winn, Hinton, establishment, Berry Dave by which contracts the said Shelton, McGill, George Mardis, Legg, Dan Jim Hall and Percy Joe Joe Shelton, and at part on labor services said manu- were their perform on hand for their labor and factory the other services and were receive being right privilege and conferred them compensation, the same to the Constitution the United States by the Thirteenth thereof, being right similar to and passed pursuance laws and the thereof; Berry said white and while the enjoyed said citizens State Mardis, Shelton, McGill, Hinton, Percy Legg, Joe Dan Jim Winn, Joe Dave Shelton, right George enjoyment privilege of said and in the were Hall and wilfully knowingly, unlawfully conspire and did defendants said injure, and intimidate them free oppress, threaten exer aforesaid to having and because of enjoyment privilege, and their and said cise they of African were citizens descent the same and because so exercised notifying Berry Winn, right, and there thе said enjoying said then Mardis, McGill, Shelton, Percy Hinton, Legg, Dan Jim Joe Hall Joe Dave Shelton, they abandon said contracts and George must and perform thereat, to' mill and further labor work at said cease said labor, compensation by threatening for said further and or receive injure them, they so work abandon said did and case there wilfully unlawfully marching moving there and after then and in a places body business of the said firm while the said Mardis, Winn, Hinton, Percy Berry Legg, McGill, Dave Joe Joe Dan Shel Shelton, ton, George engaged Hall were they Jim thereat and while thereon, performance of in the said contracts said were defendants being deadly threatening weapons, then and there armed with and in timidating employed, said purpose compell workmen there with the threats, ing them and otherwise to place violence remove from said business, and to stop said work cease the said wilfully, deliberately privilege, then and there unlawfully PJÜ5. Day, JJ., and dissenting. Harlan 203 U. S. same; -or if two or more persons go on the disguise high- way, or on the of premises another, with intent to prevent or his free hinder exercise or of enjoyment any or privilege so secured, -they shall more be fined not than five thousand dollars and than imprisoned more ten and years, shall, moreover, be thereafter to any office, or ineligible of place honor, or trust created profit the Constitution or laws of the United States.”

Other sections the statutes to civil relating and rights, referred to in the discussion at the bar, not, per- although vital to the decision of the haps, case, present áre as follow's: All within the 1977. persons jurisdiction of the United “Sec. shall have the same every State and Territory and contracts, make enforce to sue, be parties, evi- give dence, and and to the full of all equal benefit laws and pro- for the and security ceedings persons as is property enjoyed citizens, white and be subject shall to like punishment, taxes, and pains, penalties, licenses, exactions of every kind, and to no “Sec. 1978. All other.” citizens of the United States shall have same in every State and right, Territory, as is citizens enjoyed by white thereof to inherit, purchase, lease, “ sell, hold; and real and convey personal property.” 1979. Sec. under color Every who, any person statute, ordinance, regu- lation, or custom, State or usage, any Territory, .subjects, or causes to be subjected, citizen any United States or other within person thereof to the deprivation of any rights, immunities secured privileges, .Consti- Winn, Hinton, Berry compelling Percy Legg, Mardis, said Dave Joe Joe McGill, Shelton, Shelton, George quit Dan Jim Iiall'and said work and place advantages abandon said’ the. free of all cease under n contracts, being done the'same so said said defendants each Winn, Hinton, driving Berry Percy Dave purpose for the said them Shelton, McGill, Shelton, George Mardis, Legg, Jim Joе Dan Hall Joe they from their labor because were place of business and colored from said descent, contrary to the form statute of African and citizens men provided, peace and dignity such case made States. v. UNITED STATES. Day, JJ., dissenting. Harlan shall liable to in an party tution laws, injured for re- law, at suit in other equity, proper proceeding action “ who, under color of Every person Sec. dress.” custom, or causes' statute, ordinance, subjects, law regulation, or Territory inhabitant of State to the subjected, any to be immunities, secured or deprivation any rights, privileges, and laws of the United the Constitution protected or on account of punishments, pains, penalties, or to different his reason of color or alien, being by such inhabitant for of citizens, the punishment than are race, prescribed than a of one thousand fine not more shall punished year, not more than one imprisonment dollars, both.” overruled, and the defend- to the

A demurrer indictment not were tried before they jury, guilty, ants pleaded having in plaintiffs error —were con- present of them —the and some fined were each one hundred the crime charged, victed year to be one imprisoned day. ordered dollars denied, been have having they for a new trial brought motion A this court. case to now raised it must be questions consideration In our conclusively established record, taken, upon and judgment— verdict Winn Berry said and others persons certain

That —the him—citizens of the United and of named above into a contract, African entered descent, and of Arkansas, compensation to service and perform whereby they agreed in that business State about the manufacturing in labor individual; private aof contract, in of their execution entered persons, those

That in work actually engaged performing they were when the present plaintiffs defendants —the do, agreed wilfully injure, conspired oppress, knowingly error — laborers, solely such because of their intimidate threaten and color, and because their race and that contract made having right their labor, of their dispose the free exercise Day, JJ., dissenting. Harlan from out them their contract to render prevent such carrying and labor; service That, prosecution conspiracy, defendants, “

by violent means, compelled laborers, those simply, because were colored men and citizens they descent,” to quit of African their work and abandon at place 'the which they were per- labor contract; execution of their forming and, That, consequence those acts of the defendant con- the laborers referred to were spirators, hindered and pre- vented, solely because their race and color, enjoying contract their labor dispose upon such terms n and to such as to persons them seemed best. Was the of these privilege laborers thus dispose (cid:127)of labor them.“by secured Constitution or laws If United States”? then this is so, case within the very letter of section 5508 the Revised Statutes, and the judg- if ment should be affirmed that section be not unconstitutional. I

But need to discuss the stop constitutionality of sec It tion 5508. no open question, in this longer court, by may, that Congress appropriate legislation, protect any from, or created or right privilege arising secured by, or de laws, the Constitution or pendent upon, the United States. that is what does. section to do purports It nothing That In Ex more. 110 U. S. it parte Yarbrough, 651, was distinctly that section 5508 was a valid adjudged exercise of power by In Logan v. United Congress. States, U. S. 263, 286, 293, this court stated that the validity of section 5508 had been sustained in the Yarbrough case, and, by Mr. speaking Justice said: “In United Gray, Reese, States v. 92 U. S. 214, 217, at October term,'1875, decided this court, by Chief speaking said: Justice Waite, ‘Rights immunities created or by the Constitution of dependent upon the United States can be form by protected Congress. the manner of the pro tection as may be such in exercise Congress, legitimate of its shall legislative discretion, provide. may be These varied meet the necessities the particular to be

HODGES UNITED STATES. Day, JJ., dissenting. S. 203 U. Hablan ” the court adjudications After protected.’ prior referring “The in the whole Logan unanimously' case also declared: cer- is while that, effect of this series of decisions scope but not declared, tain fundamental rights, recognized to the Con- or in some of the Amendments created, granted or violation stitution, thereby only are guaranteed against as the case by States, by States, the United abridgment by affirmatively cannot therefore be enforced may be, and individuals; yet 'every unlawful acts Constitu- under or arising dependent upon, created by, Con- by be and enforced may the United-States protected tion of as means and such manner such Congress, gress or of the duty protection, legis- of the correlative exercise Constitution, may it conferred upon lative powers to attain most and best adapted deem eligible its discretion the object.” 458, 462, language v. United

In Motes section “We have was: seen of the court the United it made an offense against is Revised Statutes to injure, oppress, to conspire for two or more persons in the free exercise or any citizen or intimidate threaten to him -or secured of any right privilege laws of States —the punishment Constitution than $5,000, imprison a fine of not more being prescribed office than years, ten ineligibility not more ment Constitution or trust created honor, -profit or place And by section pro States. laws of other above offense felony if in committing vided that the offender shall suffer committed, such or misdemeanor felony is attached misdemeanor by punishment which the offense is committed. No the laws the State made—indeed none could be successfully has been question statutory of these constitutionality provisions. made —as to the Waddell, United States v. 651; Ex Yarbrough, parte and to clause 112 those provisions U. S. 76. Referring all laws authority pass Constitution Congress giving Day, JJ., dissenting. U. Harí/AN and S. necessary powers into execution' proper carrying all vested specifically it, powers other granted Government of States, any department thereof, officer said: ‘In the' exercise of this court has use general power may any means legislation, to it most which are appearing appropriate, eligible to the end to adapted and' are consistent accomplished, with the letter and spirit of Constitution.’ Logan United 144 U. S. 263, 283.” In view of these it is unnecessary decisions to examine the which grounds of section upon constitutionality rests; and I may assume that the of the National Gov- ernment, by appropriate a legislation, protect created by, derived from or-dependent any degree upon, the Con- stitution of the United States cannot be disputed.

I come now to the main question conspiracy —whether or combination forcibly prevent citizens of African descent, color, solely because their race and from of their disposing labor contract such terms as they deem proper and out such contract, carrying infringes violates a right by, created privilege derived from or dependent upon Constitution of the United States.

/Before the Thirteenth Amendment was adopted the exist- ence of freedom or slavery within any State depended wholly upon the constitution 'and laws such State. However many abhorrent was the that human thought beings African descent were held as slaves chattels, no remedy for that state of it existed things some the States could be given by States virtue of any power it possessed prior to the adoption of the Amend- ment. That condition, however, underwent a radical change when that became part supreme law the land and as upon all binding and all as.,well people, as upon every branch of government, Federal By state. the Amendment it was ordained that “neither nor involuntary servitude, as a except punishment v. UNITED STATES. 27 Day, JJ., dissenting. Harlan and U. S. convicted, shall duly the shall have been crime whereof party to any place subject United or their within the exist to and shall have enforce jurisdiction”; “Congress in words article by appropriate legislation.” Although force, in its own that Amend law, by prohibitive, yet, form all destroyed its incidents badges, ment slavery every freedom.)fit person also conferred upon established those (except of the United States within the right, crime) discrimina for the without imprisoned legally all the enjoy their race, on account of tion them against .J fur-ther, however, in went that freedom It inhere privileges by with power, its invested and, second section, its To provisions. end, that enforce appropriate legislatiоn, only direct, primary may pre by. legislation, Congress of the institution slavery, pure the reestablishing vent its inci any make it may impossible but simple, or ór be enforced State or should exist dents badges compe It became the United States. therefore Territory Amendment, to make under the Congress, tent attempts, as all whether well as slavery, establishing subject any otherwise, a conspiracy in the form of slavery or incidents of badges one offenses fine or both. imprisonment, States, punishable United tvould be certainly appro And that character legislation were given whatever protection priate it of So, making legislation created the Amendment. injure intim conspire the United States fense against free secured by citizen exercise right idate broad embrace conspiracy Constitution enough "A or immu indictment. present kind charged nity, the. only whether Constitution or guaran created it, This by may teed ad Congress.” court so protected in. judged Strauder v. U. S. as it 303, 310, West Virginia, had Pennsylvania, v. 16 Pet. previously Prigg adjudged and in la Reese, United States 92 U. S. 214. The colored borers conspiracy question directed against- whom Day, JJ., dissenting. 203 U. 8.

Harlan their freedom well as their from the inci- exemption owe of alone to Constitution of dents badges States. Yet is said to enjoy free- dom and to be and incidents- of protected against badges laws by not secured the Constitution ‍​​​‌‌​‌‌‌​‌​‌‌​​​‌‌​‌‌​​​‌​‌​​​​​‌​​‌​‌‌​‌​​​​‌‌‍or of slavery States. that may

It be also observed the freedom created established by the Amendment further pro- the tected assault when Fourteenth Amendment against be- land; of a of law for part supreme came the the that Amend- no shall any ment that State of provided deprive person life, liberty without due of law. property, process To deprive of a the freedom person privilege inhering ordained and by established the Thirteenth Amendment is to him deprive of a liberty by the the Four- privilege inhering recognized It that Amendment. is true teenth the case is not present one the by of constitution or of deprivation laws the State of the of one’s labor as privilege disposing he deems proper. But of a it is one combination by conspiracy individuals hostility conferred acting that Amendment ordained established freedom conferred every within (not person United States held lawfully in custody crime) the funda-' privileges are in a state of freedom, mental and which were taken violently from the laborers in 'question solely because their race and color. us

Let see whether principles do not find these abundant cases. support adjudged

ofOne the earliest cases under arising the Thirteenth Amend- v. was that of United Cruikshank, ment 1&c., Woods, It 318, necessary became in that 308, case for Mr. Jus- the Circuit to consider the Bradley, holding Court, tice scope the Thirteenth Amendment and effect .extent Refer- provisions. to enforce its power Congress Amendment, jurist the Thirteenth eminent said ring merely that “this is not prohibition passage STATES. HODGES UNITED Day, JJ., dissenting. Harlan slavery law inflicting establishing or enforcement it is a servitude, but declaration involuntary positive .that So, Thir- undoubtedly, not exist. ... shall slavery has Amendment, power legislate teenth -in This the United States. eradication entire it was had an affirmative the moment operation indeed, slaves, if, It enfranchised four millions of adopted. had not been enfranchised operation they previously therefore, acquired power war. Congress, of the civil but slavery, for the eradication only to legislate to this mil- liberty full effect bestowment on these to give All essayed this it to do Civil lions of people. Rights 9, 1866, Stat. which was de- Bill, April passed in the and not that all born persons clared Indians, not'taxed), should (except tó foreign power subject and that States; citizens, of the United citizens any any without to con- color, previous and every regard race involuntary or should the slavery servitude, of have dition and to make and every Territory State same enforce evidence, inherit, and to sue, pur- to be contracts, parties, give convey real and sell, hold, personal property, and lease, chase, of all laws and and benefit equal full proceedings and to and as is enjoyed by of white security persons property, the to subject punishment, should be like pains, citizens, other, any and to none to the con- law, etc., and penalties, (cid:127) It was that' the eradi- notwithstanding. supposеd trary servitude of form involuntary every of cation a that the slave should be made cit- required description law an the with the on entire before equality and placed izen that had therefore, power, the citizen, and, Congress white under, to declare and these ob- Amendment, the effectuate (which I think this to be true It is), . .' . Conceding, jects. n Congress further and to its to enforce dec- go then had the right punishment laration the prosecution laws passing of the person to those who deprive, or.attempt deprive, should power. Without this them. having thus rights conferred Day, JJ., dissenting. Harlan 203 IT. S. not enforce the could Amendment. It cannot Congress be had therefore, Congress to doubted, power it a make penal the. to a conspire deprive of, or to hinder person him in, the ex- offense ercise-and the rights privilegés conferred laws Thirteenth Amendment thus passed pursuance But' this not does authorize Congress pass thereof. ordinary laws for crimes and punishment offenses against per- or sons of colored race other race. That belongs alone. All ordinary state murders, government robberies, thefts and offenses whatsoever are assaults, cognizable only unless, indeed, in the courts, state State should deny to referred to persons equal class of protection laws. If . . in a community To illustrate: com- neighborhood .. a African whites, citizen of principally descent, or of posed within race, the Indian exception Amendment, farm, and cultivate should lease a and a propose combina- tion should be him and expel Mm prevent formed his on account his accomplishment purpose race or color, cannot be doubted that would be a case within the power of remedy and redress. a It would be case of interfer- ence his person’s exercise of equal as rights citizen his because race. But if should person injured be his person property by any lor the mere felo- wrongdoer nious or wrongful malice, purpose revenge, hatred gain, without any with his design interfere citizenship before equality laws, of a being person different race and color from the white it would race, ordinary crime, punishable by the laws only.” state

This was followed by Cases, the Civil S. Rights. 3, 109 U. in 22, which constitutionality the court passed an act of and Congress equal enjoy- full for the providing ment advan- every accommodations, race, equally, of the and and tages conveyances, facilities of and theatres public other places amusement; and in which court public also Thirteenth Amend- considered the and of the scope effect ment. In Mr. that case the Justice Brad- court, speaking

HODGES UNITED STATES. ' Day, JJ., dissenting. Harlan and seen, delivered in as we have the case ley who, judgment — its own unaided and “By it abol- cited—said: just force effect and universal Still, established slavery, legisla- ished freedom. and all various necessary meet рroper be may tion by it, to be affected and to circumstances prescribe cases for its violation letter of of redress spirit. modes proper and direct in its charac-- may primary And such legislation is not a mere state laws ter; prohibition the Amendment declara- slavery, but absolute or upholding establishing servitude shall not exist involuntary slavery that tion It is can- true, slavery United States. any part more than in lands and law, any property without not exist law; without the Thirteenth and, therefore, exist can goods all state laws may be regarded nullifying, has a char- reflex slavery. or uphold which establish [But universal civil and also, decreeing establishing acter and it States; the United throughout freedom political -to vested enforce the the power assumed clothes Congress legislation appropriate article all abolishing necessary badges proper all laws to pass . . . United States. slavery incidents \ in this us country of African gave existence long what it and what were its neces- was, notions of distinct very . service of the slave for. the benefit Compulsory incidents. sary master’s of his movements except restraint master, to make to have a contracts, to. hold property, disability will, a white person, to be witness court, standing and' were the inci- incapacities, inseparable like burdens the institution. Severer for crimes were punishments dents of than on the slave on free the same persons guilty imposed . must . We that thе forget province ,. offenses. n Amendments are of the Thirteenth and Fourteenth scope latter slavery; the former abolished different; simply im- the States abridging privileges prohibited them States; from depriving citizens of munities'of of law, due process without life, liberty, property TERM, 1905. JJ., dissenting. and Day, Harlan laws. The equal protection to the. denying under of and the different, powers are Amendments to do under has power What Congress different. them are under the other. Under do have power it not one, may slavery do with has only Amendment the Thirteenth has Amendment it Fourteenth Under the incidents. and its all state laws nugatory render to counteract any of the privi- effect to abridge have the which proceedings States, or to of the United of citizens immunities or leges without due liberty process or life, property of them deprive equal of them the protection deny or to law, so Amendment, the legislation, the Thirteenth laws. Under all and incidents to eradicate necessary or proper far forms be direct and servitude, may primary, involuntary whether sanctioned individuals, the acts operating not; as we have Fourteenth, under the or legislation state only be, and can cor- necessarily be, it must shown,- already and afford to counteract character, addressed in its rective state regulations proceedings.” relief Cases, Civil but Rights in the decisioh I participated the act my brethren holding to concur not able But I be beyond power Congress. involved there the Thirteenth in the declaration with the court stood civil and decreed only established universal abolished the land, but throughout freedom political , as the court slavery, among badges incidents which merely on race discrimina disability, based was the declared, contracts, to have standing to make property, hold tion, person.. white a witness against to be court, and discussion of the”present aspects important One court there dis- proceeded is that the Cases, Rights the Civil constitution although the ground tinctly upon to- the may not repugnant a State statutes a direct nevertheless, legislation Congress, Amendment, the Amend- in order enforce may, character, primary whose acts are hos- individuals and punish reach ment, v. UNITED STATES. Day, JJ., dissenting.. 203 TJ.S. Hablan derived from secured tility and privileges that Amendment. dependent upon views reaffirmed explicitly

These were referred to and of United U. That the recent case S. 207. Clyatt v. States, a was indictment individual for having against .single unlawfully and and their returned, forcibly knowingly against will, two from Florida to in persons held the Georgia, to.be latter State in a of condition in violation- of the stat peonage) 5526). Stat. A (Rev. utes person or held for arbitrarily forcibly his will the against purpose him to in personal of a compelling services discharge render debt, is in a condition of It claimed in was that peonage. not that case was sanctioned by or could be maintained peonage the оr under constitution laws Florida or either of Georgia! The behalf there on of the in argument was, accused part, the that Thirteenth Amendment- was solely directed against laws, the States its could not provisions be made to individuals applicable whose conduct was illegal, not or authorized, permitted sanctioned some resolu act, tion, order, That of the regulation usage State. argument was rejected by every member of this allwe court, agreed had under power, the Congress Thirteenth Amendment, only to forbid the existence of but to make it peonage, an offense the United States person for any hold, arrest, return or held, returned, cause be arrested or or who manner aided in the arrest or of another return per a son, to condition of After the above peonage. quoting sentences the .opinion Rights Cases, Civil Mr. Brewer, 218): Justice speaking court, (p. said “Other authorities to the same effect It cited. is not might.be open doubt that may Congress enforce the Thirteenth Amend by direct ment legislation, of a punishing holding person involuntary servitude, except punishment In crime. the exercise that power has enacted these sections denouncing peonage, one who punishing (cid:127) servitude, holds another in that condition involuntary

von. com—3 , OCTOBER.

Day JJ., dissenting. Hablan, is not limited to the or other parts This Territories legislation in the domain, operative of the National but strictly States sovereignty wherever extends. of this validity We entertain no doubt legislation, or case its another in a person holding applicability to. this whether there be state ordinance peonage, municipal It law sanctioning, holding. operates directly state on His republic,. may wherever residence be." every citizen of that; Clyatt case' proceeded upon ground although and laws of the State the Constitution might per Amendment, yet fect com harmony the. .by of one individual another individual pulsory holding former by for the service personal purpose compelling to the latter tó his indebtedness created condition discharge servitude involuntary peonage, derogation . by that Amendment, and, therefore, established freedom it by Nation. con punished could reached Is which to that case rests upon say sistent the principle n of body forcibly that an individuals who prevent organized from a race, because of their- citizens, solely making free living by do not secured way, in a infringe right legitimate not or Constitution, may punished be reached National - who or by One is shut up superior the Nation? over by constantly force, present threatening, from powering his in a lawful of his is as way own choosing, earning living if of servitude as he involuntary were much.in a-.condition each,case a In his held in condition of forcibly peonage. a combina subjected, by because enslaved, is illegally will will of of resist, respect to the others that' he cannot tion to in such is control way which freeman entitled matters It would seem impossible, best. under him seems combination or sustain the view decisions, former a. the sanction individuals, alfteit acting of .without conspiracy the United and punished be reached may State, object, for its has if States, conspiracy the combination or the free exercise or burden force, prevent HODGES UNITED STATES. dissenting. Day, JJ., Hablaw and TJ. S. by' or Constitution created or secured privilege a right

of laws of United'States. or out which the can. be taken way in case only present qr that a conspiracy 5508 is hold combination

of section of descent, citizens African because prevent of individuals race, freely by contract,- of their from their labor disposing or violate any does not secured infringe right privilege or laws the United But the Constitution States. I if submit, is be had to

proposition, inadmissible, regard As decisions. we have this court seen, former has held Amendment, its own without force, not only every aid conferred freedom legislation, n (not held crime) within person legally custody the United but privilege free incidents And being badges slavery. it' ,as has that one of the declared incidents of insuperable slavery, it at the time of existed the'adoption the Thirteenth Amend- ment, disability was the those to make contracts. -It has also adjudged member of this court holding —no‘ contrary in- attempt subject citizens to the —that cidents or slavery could be made an badges offense against If States. the Thirteenth Amendment established freedom, conferred, without the aid of legislation, to be free from the and incidents badges slavery, if the disability to make enforce contracts for one’s per- was a sonal'services slavery, as badge-of existed when the Thirteenth Amendment was how it adopted, possible to that the combination say in'the conspiracy charged present indictment, and conclusively established the verdict and in judgment, hostility to by secured rights Con- stitution?

I have already said that the liberty protected the Four by teenth Amendment against state action with- inconsistent due process of law is-neither more nor less than the freedom by established the Thirteenth This, think; I can Amendment. not be doubted. In Allgeyer Louisiana, 578, U. S. ' Day, JJ„,

Hablan and dissenting. 203 TJ. S. said -that liberty we such “means not only the right citizen to be from free the mere of his physical restraint per- as son, by incarceration, but the term is to deemed embrace- all-ids- n to in the the citizen be free faculties; to use them in all to live ways; be lawful free will; work when to earn his livelihood by (cid:127)any he calling;, lawful any. avocation, livelihood that 'pursue purpose enter may into all contracts which be essential to proper, necessary to a conclusion the carrying out above purposes .successful All mentioned?’ court rights, adjudged these which liberty embraced in the the' Four- Allgeyer case, are hostile state protects action, teenth Amendment against, is such action due of law. process when state wanting by essential in the freedom conferred They are rights is instance, If, person Thirteenth Amendment. .pre- of his from vented, race, living because where working his by any whom will, froni-'earning and for he livelihood he is may lawful that he then hindered pursue, elect calling secured to freemen by the exercise rights privileges If States. secured of the' United the Constitution then, unquestionably, Constitution as that found class legislation that are-embraced in section 5508. does observed, not, be court,'it may opinion unconstitutional. But-if

words, section adjudge wholly by me, misapprehended are not effect scope its and. cannot-make that it.an Congress does adjudge the court for individuals combine offense against United. - force, citizens of African even prevent, or conspire - (cid:127) race, living. of their earning descent, solely because decision, of the present effect practical is the Such import held unanimously lias heretofore the court although law—/ and to-make ways, in all legal to earn living one’s of the free-' a vital thereto, point ful contracts reference been, has Constitution, although dom established may, appropriate time and held, again,- STATES. 37 v. HODGES UNITED . Day,- JJ, dissenting. U.,S. Harlan 203 enforce right, derived protect grant, legislation, that instru by, .or created- or/dependent secured from, are' is to principles, be'regretted, These ment. general, to millions of deny as to citizen-laborеrs modified, now so Nation, freedom from the "‘descent,- deriving African their lawless protection appeal National right by solely individuals who- seek, force, combinations them of.'the such-laborers, deprive the race of because- of the United Constitution established freedom by.the citizens, as that -freedom right far involves^ s.o because, of race, them their discrimination against without lawful and to of their labor ways, dispose in all earn a living ah of -theCon I cannot assent to interpretation by contract. National to vast numbers. -protection which deniés' stitution ' derived them from the respect of our people - now the Thirteenth placed on interpretation Nation. I too entirely narrow and hostile is, think, land., law of supreme established It freedom made, many as to -far declarations neutralizing towards .goes Constitution; Amendments of recent the; .the object this court has was to secure which, said, purpose .common with servitude, the free theretofore ato people enjoyment^ on the es race, account their merely out discrimination and,to "American citizenship appertain sential .rights that 214, 217; v. 92 S. United Reese, States U. freedom. e Ex 542, 555; U. S. part Virginia, Cruikshank, v. West Virginia, 100 U. S. 345; Strauder S. 339, 100 U. 370, 386; Cases, U. S. Delaware, Rights Neal v.

306; Civil 3, 23. 109 U. S. to the view taken the court are

The objections urged may court the final met'by suggestion revise if it court, the complain- of the state should judgment deny Constitution; the Federal for. secured ing pаrty right ‍​​​‌‌​‌‌‌​‌​‌‌​​​‌‌​‌‌​​​‌​‌​​​​​‌​​‌​‌‌​‌​​​​‌‌‍would be of no of this court to the revisory avail if it be now true, seepjs adjudged) party complaining citizens, solely colored bécause of that a to- conspiracy deprive 1906!

Syllabus. to earn a in a in- race, living lawful.-way, no to them the Federal secured fringes Constitution. both destroyed As the' Nation has and involuntary within the everywhere servitude of the United and invested with-power, by appropriate leg- the freedom thus islation, protect established all slavery and incidents of as it existed; once as the badges make valid contracts for one’s disability was, services this court has an said, incident the institution inseparable which the destroyed; as a citizens of African combination conspiracy preyent descent, their-race, because of solely making per- in hostility such is thus to the contracts, forming that inhere the freedom established that privileges I the case is within Amendment, am section opinion 5508, and should be affirmed. judgment I reasons, For these from the dissent opinion judgment of the court. ex rel. E. J. McLEAN & COMPANY

NEW MEXICO GRANDE DENVER & RIO RAILROAD COMPANY. APPEAL THE COURT OF THE OF FROM- SUPREME TERRITORY

NEW MEXICO. Argued 14, 15, 15, March October No. 18. 1906. Decided legislate being in the Territories conferred under constitutional Congress, is authority, passage law of a territorial exertion (cid:127) validity authority tinder of an exercised and the authority legislature pass an involved where the and, case, challenged; dispute, act is in such a if sum or is in value Supreme from the appeal Territory lies to this court Court of a under 3, 1885, though 23 Stat. 2 of act of even .March sum $5,000. less than "value be

Case Details

Case Name: Hodges v. United States

Court Name: Supreme Court of the United States

Date Published: May 28, 1906

Citation: 203 U.S. 1

Docket Number: 14

Court Abbreviation: SCOTUS