*1 States et al. v. United Cruikshank al. States community they belong. political which 1. to Citizens are tlie members tlie of who, They community, people compose and in their asso- are the the who capacity, to the dominion ciated or submitted themselves have established government general pro- promotion the of a for of their welfare and the rights. duty The of a tection as well as their collective of their individual power possesses government always protection the it to is limited afford purpose. for that States, system government political the several 2. There is in our a of each of others, government a from the of Each distinct tlie United States. rights, own, allegiance, whose within its who it has citizens of owe jurisdiction, person at the protect. must be same its it The same State; rights his but time citizen of and a citizen a the States citizenship from governments will different those under one be of these he has under the other. is, scope government although States, 3. it within the of its The the United States, grant powers, supreme beyond nor to can neither secure the implication rights expressly privileges its citizens which not placed jurisdiction. under All that cannot be so or secured are its protection of left to the exclusive the States. right peaceably purposes, people 4. to assemble for lawful with the The obligation long part protection, on to affordit existed before the the States Constitution, adoption of The first amendment to the the Constitution. the abridging right petition, prohibiting Congress from the to assemble governments respect to was to limit the action of State not intended citizens, operate upon government the national alone. It their own unimpaired, nothing already authority added tlie States left the States, guaranteed existing powers the continuance of of the United only against Congressional people, right The for their interference. States, it, must, therefore, enjoyment protection in look to where power purpose originally placed. for that assemble, peaceably petitioning right people purpose 6. Congress grievances, any thing or for else connected for redress government, powers is an attribute of national or duties of the national such, and, protection guaranteed by of and citizenship, under the government implies very republican Tlie idea of a in form United States. sovereignty right, it a case within the presents and an invasion of the United States. Constitution; granted by neither is it in to bear arms 6. The dependent upon its that instrument for existence. second manner infringed by Congress, no than that shall not more amendment means govern- powers of the national no effect than restrict the and has other ment. rights personal liberty protection Sovereignty, life within 7. with the respective alone States. rests person depriving any prohibits a from State amendment 8. The fourteenth law, life, denying process liberty, property, due without Oct. 1875.] v. Cruikshank laws; jurisdiction equal protection any person but it within its against nothing rights simply of one citizen as adds another. It guaranty an additional encroachment furnishes every belong citizen as a the fundamental member of society. duty protecting *2 all its the an The of citizens of States, by equality rights originally and it still assumed the remains of only obligation resting upon is the to see that there. The United guarantees, deny right. the the This the but no States do not amendment government power the national is limited to the enforce- more. The of guaranty. of this ment 178, Happersett, that the v. 21 Wall. this court decided Constitution 9. In Minor one, right suffrage upon any of the United States has not conferred the of have no voters of their own creation in and that the United States the 214, al., p. supra, In UnitedStates Reese it held the fifteenth States. with has invested the citizens of the United States a new con- amendment is, exemption right, which from discrimination exercise stitutional color, race, previous franchise on account of or condition of the elective ; right in The to vote the States comes the States of servitude. right exemption prohibited from the discrimination comes from the of the granted by first-has States. The not been secured the Constitu- United States, but the last has been. tion of the United charge having the defendants with banded counts of an indictment 10. threaten, oppress, conspired injure, and intimidate citizens of the and descent, States, named; African therein and which in United of substance thereby respectively allege pre- defendants intended to hinder and enjoyment rights privi- in free exercise and of and such citizens vent ' good by in leges granted and secured to them common with other citizens States; prevent laws of the and and United to hinder the constitution right peacefully of their in the free exercise assemble for lawful them bearing prevent pur- them from purposes; and hinder arms for lawful ; respective deprive liberty poses per- them of their several lives and of law; process prevent and in without due hinder them the free son enjoyment right equal full and and of their several benefit exercise law; prevent enjoyment and hinder them in exercise and the free right respective and to vote at several election to be there- by people Louisiana, held in and of law had and the State of after harm, bodily injure great oppress them, and put in fear of and them or to having things because, qualified, they being and been all had voted at according people had and held to law theretofore an election present En- State, within the sixth section of the case said not—do bring 31, May (16 141). To a case within Stat. Act of forcement statute, right enjoy- appear must operation it prevent was one conspirators intended to hinder or which the ment of laws If of the United States. the constitution or secured any act alleged indictable under appear, offence not it does not so Congress. charge which, general language, the defend- indictment The counts of an 11. States, of prevent of the United and citizens hinder ants an intent to named, enjoyment descent, and in the free exercise African therein to them immunities, protection, granted and secured rights, privileges, and v. Cruikshank Louisiana, States, respectively as citizens and of the State descent, and with the intent to hinder because of African enjoyment every, them in the exercise and several free each, all, singular privileges granted and secured the several States, specify do to them the constitution and laws of the United not particular conspirators right whicli intended general, certainty pre- prevent, vague hinder too lack the pleading, required by the rules criminal and are there- cision established good and sufficient law. fore cases, prosecuted laws of criminal under the the accused 12. In be informed of the nature and cause has the constitutional set the offence with clear- The indictment must forth the accusation.” apprise necessary certainty, accused of the crime and all ness charged; every ingredient of which the offence with which he stands alleged. accurately clearly an composed It is must be elemen- that, tary principle pleading, definition criminal where the of an statute, offence, generic at common law or includes whether terms, shall it is not sufficient that the indictment the offence — definition, species, generic state as in the but it must the same terms —is, first, particulars. object of the indictment it must descend to description charge against with such a him furnish accused defence, himself of him his and avail his conviction as will enable to make *3 ; acquittal protection against prosecution a further for the same cause for second, and, alleged, the facts so that decide to inform the court of conviction, support they in law if should be are sufficient to one whether stated, this, law alone. facts are to be not conclusions of A. For had. intent; up forth in of acts and and these must be set the is made crime indictment, time, particularity place, with and circumstances. reasonable found, which this the crime is made to By act under indictment .con- 13. prevent enjoyment with to unlawful combination an intent sist Constitution, by granted &c. All any right or secured law, not is a or secured. Whether one is so or so should, therefore, court. indictment state the The be decided to appear It must the court as well as the accused. particulars, to inform will, charged proved, support if a convic- indictment that the acts from the alleged. the offence tion for for the Circuit Court of the United States to ERROR of Louisiana. District sixth sec- for under the an indictment
This was conspiracy 1870, Enforcement 30, known as the the act of May tion counts. and consisted Stat. 140), thirty-two Act (16 “ un for intent count was together, The banding first threaten, and intimi to and feloniously injure, oppress, lawfully ” “ States, of African descent citizens of the date two “ color,” and felonious intent with the unlawful and persons ” “ free in their to hinder and respective them prevent thereby Oct. 1875.] tlieir lawful and and to right enjoyment
exercise privilege other assemble with each and with other together peaceably e of the for a said United States peaceabl citizens and lawful purpose.” The second an intent hinder exercise avers prevent “ the same and bear arms for a persons right keep
lawful purpose.” “ the same The third an avers intent deprive persons lives and due several without respective person, liberty of law.” process an intent same The avers deprive persons fourth “ free exercise and enjoyment right privilege of all full and benefit laws and equal proceedings ” white citizens. property security persons enjoyed by intent to hinder and the same The avers an prevent fifth “ in the exercise
persons rights, privi- enjoyment immunities, and secured to them and protection granted leges, of the said as citi- citizens respectively Louisiana, reason of and for and on zens of said State ” and color of said account race persons. sixth intent to avers an hinder and the same prevent in “the free exercise and of the several to be to vote election respective right privilege law had and held in and of the
thereafter people of Louisiana.” said State “ an intent fear of The seventh avers put great bodily ” harm, the same because and injure, persons, oppress ” that, vote, reason had having voted. ” “ to an intent and hinder the same avers eighth *4 free “in their several and exercise an respective d each, all, and several singular rights every, ” “ to them and secured the constitu and privileges laws of the United States.” tion are a next counts of the first eight, The repetition eight “ the words that, of the words band instead except together,” ” used. combine, are and confederate together conspire, six- under the first of the found Three defendants were guilty counts. counts, under not the remaining teen guilty VOX,. II. on in arrest thus convicted moved judgment parties —
the following grounds: 1. Because the matters and set forth charged things counts, inclusive, not sixteen do constitute the several one to States, and do not come offences the laws of the United against intent, act of of the within true meaning the purview, 1870, entitled “An Act to 81st Congress, approved May, enforce States,” &c. citizens right of in the said indictment set 2. matters and Because the things offences Cir- forth and do not constitute cognizable charged Court, cuit do not come its jurisdiction. within power sixth section of the 3. Because the offences created by to, which section the afore- act of referred and upon Congress based, not said sixteen counts are within constitutionally States, of the United and because the courts jurisdiction referred to are the matters and therein judicially cogniza- things is action thereon ble State tribunals only, legislative of the several States. reserved rights among constitutionally act, in creates offences and so far as it 4. Because the said in violation of the Constitution imposes penalties, of the several States, and an infringement and the people. counts of the indict- and sixteenth 5. Because the eighth uncertain, insufficient, and to afford are too ment vague, general, defence, accused notice prepare proper plead under the law. forth no offence and set specific defendants Because verdict 6. jury law. not warranted supported by divided, motion the judges On this opinions the several counts in being of the presiding judge law, and do contain sufficient charges are not States; the laws the United under matter indictable criminal should be arrest judgment granted. the motion and that States, on instance of the United at the comes case up of this division opinion. certificate declares, that all citizens Act 1 of the Enforcement Sect. shall allowed otherwise qualified, of the United color, race, distinction elections, without at all vote servitude. or previous
Oct. 547 et al. v. Cruikshank 1875.] that,
Sect. 2 if the law of provides, State or by any Territory prerequisite for it voting equal necessary, opportunity all, shall be distinction, &c.; without given any person with the charged who duty furnishing prerequisite, refuses or omits to section, full effect to this knowingly give shall be of misdemeanor. guilty
Sect. 3 that an offer of provides, respect performance, claimant, when affidavit of prerequisite, proved by shall be or equivalent performance; any judge inspector of election who refuses to shall &c. accept guilty,
Sect. who, force, provides, any person by bribery, threats, intimidation, means, hinders, or other unlawful delays, or obstructs citizen prevents, from himself to any qualifying vote, or so, combines with others do shall be &c. guilty, hinders,
Sect. 5 con- who prevents, provides, any person trols, or intimidates from person any exercising amendment, whom it is or secured the fifteenth suffrage, so, do violence, or or threats attempts by bribery depri- vation of or shall be &c. property employment, guilty, — section sixth is as follows: if or That two more shall band or persons conspire together, or or go upon disguise public highway, premises another, act, intent to violate of this or to in- any provisions with threaten, intent to or intimidate jure, oppress, pre- citizen vent or hinder his free exercise and or any right or to him constitution or secured laws privilege granted same, exercised the the United or because of his having and, such shall be held on conviction felony, guilty both, thereof, at shall be fined the discretion of imprisoned, — $5,000, court, the fine exceed and the not to imprisonment shall, moreover, ; not to ten be thereafter exceed ineli- years to, honor, disabled office or holding, place gible created constitution laws of the or trust profit, States.” Term, 1874,
This October Mr. case was argued and Mr. Phillips Williams Solicitor-General Attorney-General Johnson, error; and Mr. Mr. Reverdy plaintiff and Mr. R. H. Marr David Mr. Dudley Philip Phillips, Fields defendants error. delivered Mr. Chief Justice Waite opinion court. *6 of
This case with certificate the the comes here a judges by Circuit for the District of Court Louisiana hear- in a which occurred the divided question upon opinion for an indictment It our consideration containing ing. presents counts, each, counts into two series of sixteen divided eight 31,1870. of based sect. 6 the Act of Enforcement upon May — That section is as follows:
“ if or shall band or conspire together, That two more persons the upon premises or in or go disguise upon public highway, act, or to another, intent to violate this any provision injure, with citizen, threaten, or with intent to prevent intimidate oppress, any or of any hinder his free exercise and enjoyment privilege or or to him the constitution laws of United or secured granted same, such States, or because of his exercised having and, thereof, on conviction shall be be held felony, shall guilty — both, court, at the discretion of the or fined or imprisoned, $5,000,and not to exceed ten the imprisonment fine not to exceed moreover, to, shall, and dis- be thereafter ineligible years; honor, or of trust cre- office holding, place profit, abled any or laws of the United States.” Stat. 141. the constitution ated by a arose motion in arrest of certified judg- The question a whole sixteen ment after verdict guilty generally upon “ be, said whether sixteen counts counts, and is stated law, in sufficient said indictment severally good under the of criminal matter indictable laws contain charges States.” United “ counts is that in first of band- eight general ” “ that of the second eight, conspiring together ing,” threaten, Levi and intimidate Nelson and Alex- oppress, injure, Tillman, citizens of of African the United descent ander to hinder color, with the intent thereby and persons in their free them exercise enjoyment rights ” “ them common and secured granted privileges the con- citizens of the other United with all good laws of the United States.” stitution do the statute not The offences provided or of two mere “conspiring” consist “banding” Oct. 1875.] States- United but in.their together,
more persons banding conspiring intent, or for To this purposes, specified. bring statute, therefore, it must under case operation ap- of which the pear right, conspirators intended to hinder or one secured prevent, the constitution or laws of the States. If does in- so the criminal matter has not been made charged appear, dictable act Congress.
We have in our
political system government
Each
and a
of each of the several States.
government
others,
one of these
is distinct from the
and each
governments
has citizens of its own who owe it
and whose
allegiance,
rights,
it must
The same
within its jurisdiction,
protect.
person may
time a citizen of the
States and a citizen
be at the same
State,
but his
under
of these
one
citizenship
will be different from
he has under
those
governments
*7
Cases,
other.
Experience people a national for national States required government they States, The separate governments separate purposes. alone, the articles of confederation were not bound together by sufficient for the welfare general promotion people nations, in for their respect foreign complete protection reason, as citizens of the confederated States. For this order to form a more the perfect people union, domestic establish insure for justice, tranquillity, provide Cl. welfare, defence, and secure common promote general ” and their to themselves .posterity
the blessings liberty ordained and established government Preamble), (Const. constitution, its a States, and the United defined powers by law, and made its rule its fundamental adopted of action. is to and defined some
The thus established government in their a political extent the States capacity. government also, Its It for people. certain purposes, government number, Within the but not degree. are limited powers defined, it is as enumerated and supreme its scope powers, States; It was it has existence. above the no beyond, endowed with all for powers erected special purposes, own and the for its accomplishment preservation necessary neither nor It can its had view. grant the ends people citizens secure to its privilege expressly any right under its jurisdiction. implication placed resident within State of the United people State, and the other Na- : are to two one subject governments ; the two. be no conflict between tional but there need other does not. which one They possesses, powers and have separate, for different jurisdic- established purposes, whole, furnish the make one tions. people Together they for with a ample complete government, True, abroad. all their at home and protection to both is amenable sometimes happen person Thus, if a marshal of the same act. one and jurisdictions while resisted executing States is unlawfully State, and the resistance is within a of the courts process *8 officer, the on the an assault sovereignty accompanied by resistance, and that of is violated the the States United So, too, if assault. the breach peace, the State by States within coin of the United one counterfeited passes and the the States State, it be an offence United coin; the States, because it discredits the State: it is State, him to whom of -the fraud passed. because two not, however, govern- does imply This necessarily common, them into conflict ments bring possess powers of a citizenship It is the natural consequence with each other. Oct. 1875.] v. to two claims sovereignties, protec- owes allegiance
which cannot because he has complain, both. The citizen tion from himself to such form of submitted government. voluntarily to to two so owes departments, He allegiance speak, must which penalties within pay respective spheres return, laws. he can exacts for to its In each disobedience each within its own demand from jurisdiction. protection is one of of the United States delegated The government and limited the Con- alone. is defined Its authority powers it that instrument are to stitution. All granted powers No can be to or the acquired reserved the States people. such or laws of the United under the constitution except has as the the United States authority government be so secured are or secure. All that cannot granted grant of the States. under left protection indictment, to an examination as- nowWe proceed it is several certain whether the rights, alleged with, are to interfere such had been in intended defendants or secured constitution or laws law and in fact granted of the United States. intent of the first ninth counts state the defendants
The the citizens named in been to hinder to have “ of their lawful right privi free exercise with each other and with assemble together lege peaceably for a of the United States and lawful other citizens peaceful assemble for right people peaceably purpose.” before the existed the Consti lawful long adoption purposes fact, is, it States. In has tution always under a of the attributes free been, citizenship one govern “ source,” its to use It derives of Chief language ment. Marshall, 211, in Gibbons Wheat. Ogden, Justice is acknowledged laws whose civilized man authority those It is found the world.” wherever civilization throughout not, therefore, a It was granted exists. people by when government Constitution. existence, found it in with the on the established obligation it no to afford As direct protection. power part remains, over it was Congress, according 203, id. to State Gibbons v. Ogden, subject jurisdic- ruling *9 al. 552 v. United committed people such existing rights tion. Only as came within scope general to the Congress protection the national government. of the authority granted to the Constitution Congress first amendment prohibits The of the to assemble and “the right people abridging This, a redress of for grievances.” government petition at the same the other amendments proposed adopted like of the to limit State time, powers was not intended govern citizens, but to to their own operate ments respect Baltimore, alone. Barron v. The City National government Moore, 551; Ohio, id. 250; v. Lessee Livingston 7 Pet. Fox v. 76; id. v. 434; v. 18 Withers Smith Maryland, Buckley, 5 How. 479; 90; Commonwealth, v. The 5 Twitchell Pervear Wall. 20 id. 321; Elliott, Commonwealth, id. v. 21 id. 7 Edwards 557. v. The the correctness this construc now too late It is Justice, in the late Chief Twitchell v. The tion. As was said by Commonwealth, 325, “the Wall. scope application no of discussion amendments are here.” longer subjects these it, of the where found States just left authority They to the and added nothing existing powers already States. now under amendment consideration
The assumes particular assemble existence for lawful right people encroachment and protects against by Congress. purposes, amendment; was not created neither The was its right as inter- guaranteed, except continuance congressional in its therefore, ference. For enjoyment, protection for look States. power people purpose mu.st there, and it has never been surrendered originally placed States. to the United to assemble for peaceably people pur- right for a redress of or for petitioning Congress grievances,
pose connected or the else duties of the powers any thing an attribute national national government, citizenship, such, of, under and, protection guaranteed by, States. The idea a government, very republican form, on the its citizens to meet part implies for consultation affairs public and to respect peaceably a redress of If it had been grievances. alleged petition Cjruikshank Oct. 1875.] of the defendants was to object counts these *10 would have been Avithin the case for such a purpose, meeting a of the statute, of the and Avithin sovereignty scope offence, The Such, however, is not the case. States. out, it be indictment, made if shown Avillbe stated in the for was to prevent meeting conspiracy object whatever. lawful purpose any The defective. and tenth counts are
The second equally for a lawful is that of arms there “bearing specified the Constitution. is not a This right granted by purpose.” that instrument manner is it in upon Neither any dependent that it shall The amendment declares existence. second for its seen, no more this, as has been means but not be infringed; This one of not be that it shall Congress. than infringed by restrict has no other effect than to the amendments to look the national government, leaving people powers felloAV-citizens violation their their against by for protection any called, in to what is The New it City recognizes, rights “ 139, Miln, 11 Pet. which relate v. powers merely York was, more or what perhaps, municipal legislation, properly “not surrendered or restrained” internal called police,” by of the United States. Constitution third and eleventh counts are even more objectionable. the intent been have the citizens deprive
They Louisiana, named, “of their several they being respective without due of law.” person lives This liberty process than else or alleging is nothing conspiracy falsely imprison States, citizens of the murder Avithinthe territo- being of the State of Louisiana. The rial of life jurisdiction rights “ are natural of man. To secure liberty rights personal “ Declaration Independence, these rights,” says govern- men, instituted their among ments deriving just powers the consent governed.” from very highest duty entered into the when under the Con- Union they stitution, all within was to their boundaries in protect of these unalienable with which rights endowed Creator.” for this purpose, Sovereignty, alone with the States. It is no rests more the Avithin duty of the United States to for a the power punish conspiracy al. State, murder within a than it would falsely imprison for false or murder punish itself. imprisonment The fourteenth amendment a State from depriving prohibits life, without due process any property, person liberty, law; citizen as this one adds against nothing rights another. It furnishes an additional guaranty simply the fundamental encroachment a member As citizen as belong every society. Johnson, in Bank Columbia v. was said Mr. Justice Okely, 244, “the individual Wheat. secures arbitrary unrestrained exercise of the powers government, and distributive established principles private rights jus in the indictment do not call the exer tice.” These counts conferred this cise of provision powers *11 amendment. the and twelfth counts intent to have
The fourth named, hinder who and the citizens were of been prevent “ color, in descent and of the free exercise and African persons the of their several and full and privilege enjoyment there, laws and then and benefit of all proceedings, equal time, or ordained the said of Lou- enacted State before that by States; there, then and the and at that United isiana by in the said State District of Louisiana time, force being aforesaid, the respective persons prop- security there, at that time within said then and enjoyed erty, Louisiana white citizens and District persons, being State States, Louisiana and the United State of pro- said of said white citizens.” of the persons property tection that this was done because of the is no race allegation There When conspired against. stripped or color amounts to more than the case as nothing presented its verbiage, certain citizens the defendants prevent conspired Louisiana, from within the en- State being United the State and of the laws of equal protection joying States. United a State fourteenth amendment denying prohibits within its jurisdiction equal protection person
to any not, than the one which laws; more but this does provision any considered, add it, and which we thing have just precedes Oct. States al. 1875.] one citizen has under the Constitution which rights another. The of citizens is a rights against equality is republican government principle republicanism. Every bound to all its citizens of this enjoyment duty protect if its That within as- principle, power. duty originally States; sumed remains there. The still only is to see obligation resting upon amendment States do not This the guarantees, deny right. but no more. The of the national limited power government this guaranty. enforcement 9,1866
No arises under the Civil Act of Rights April is intended for Stat. of citizens (14 27), protection of certain with- enjoyment rights, race, color, discrimination on account of out con- previous servitude, because, stated, as has dition of been it is already in these counts nowhere contemplated alleged wrong citizens of these was on account of their race or color. counts, these
Another made to objection are too hereafter, and uncertain. This will be considered in con- vague with the same to other counts. nection objection sixth and fourteenth counts state the intent of the de been to hinder and named, fendants have the citizens descent, colored, of African in the free exercise and being of their several and respective right privilege to be to vote at election thereafter law had and held Louisiana, in and of the said State people people and in the Grant aforesaid.” In Minor v. parish *12 Hap sett, 178, we decided that the Wall. Constitution of the per has not conferred right suffrage upon any one, that the United States have no voters of their own In al., creation in States. United States v. Reese et supra, 214, that the fifteenth we hold amendment has invested the p. citizens of United States a new constitutional right, is, from discrimination in exemption the exercise of race, franchise on account of color, elective condition previous this servitude. From that the appears suffrage right attribute of not a but national that ex necessary citizenship; from discrimination in exercise on emption right conies in the States race, &c., is. vote account The right States; from the prohibited from exemption has first discrimination comes from United States. The of the United the Constitution not been or secured States; but the has been. last these counts
Inasmuch, therefore, it does not appear these towas parties that the intent of the defendants race, on account their to vote their right exercising their intent interfere with that it was &c., it does not appear or laws of the the constitution or secured by any right granted race was cause States. We may suspect is material to a This is not so averred. descrip- but it hostility; offence, and cannot supplied by tion the substance must be essential charged positively, thing Every implication. form, but in here is not The defect inferentially. substance. sixth no better than the counts are
The seventh and fifteenth is to intent here put parties and fourteenth. The charged harm, and to injure oppress named in fear bodily great all them, because, things been in qualified, having being time had and held before that had voted at an election Louisiana, of the said State to law the people according November, wit, State, on the fourth day in said A.D. State, other elections 1872, and at divers people to law.” There held according before that time had and also were other the elections voted show that is nothing formed on ac- elections, that the than State conspiracy whom the conspirators of the race’of the parties against count more as made is nothing to act. The really within a breach of the to commit peace than a conspiracy not be claimed that the it will State. Certainly to do mere police have the or are required duty power domestic vio- If a State itself against cannot protect States. executive, lence, the call the United States may, convened, lend assistance cannot be when legislature of the Constitution This purpose. (art. guaranty this. 4, no case like sect. but it 4); applies first, second, third, are, therefore, of the opinion We twelfth, tenth, eleventh, fourteenth, sixth, seventh, ninth, fourth, *13 Oct. v. Cbuikshank United 1875.] do not and fifteenth counts contain of a criminal nature charges States, under the made indictable laws and United are not and do sufficient in law. good consequently They defendants, not show that intent of their to hinder or prevent conspiracy, any right enjoyment or secured Constitution. We the fifth and come now consider and the thirteenth counts, and eighth brought sixteenth together for that The intent in the fifth thirteenth charged purpose. “is to hinder and in their free prevent parties respective immunities, exercise and of the rights, enjoyment privileges, to them as citi- secured protection granted respectively States, zens of the and as of said of Louisi- United citizens State “ ana,” for the reason that . . . and there then being they, citizens of said and of State persons race, color, African descent and white ” thereof; sixteenth, citizens and in to hinder and' eighth “ them in several and free exercise and prevent respective each, all, the several enjoyment every, singular rights and secured to them the constitution privileges granted and laws of the United States.” The same statement general be interfered is found in the fifth and thirteenth counts. to the view we counts, take these
According is not whether it describe enough, general, statutory statute, offence in the language whether offence has here been at all. described The statute provides “ of those who threaten, punishment conspire injure, oppress, citizen, or intimidate with intent to or hinder prevent his free exercise and enjoyment any right privilege granted him the constitution or secured to laws counts These in the indictment substance, States.” charge, intent this case was to hinder and these exercise and each, all, in the free citizens every, ” a,nd them Constitution, rights granted singular &c. There is no specification any particular right. broad cover all. language enough cases, In criminal under prosecuted laws States, the accused has the constitutional “to be in- *14 et al. v. Cruikshank VI.
formed of the Amend. nature and the accusation.” cause of to In 142, Mills, United States v. Pet. this was construed 7 “ with mean, forth the offence that the indictment must set the accused clearness and all to apprise necessary certainty, ” and in crime with which he stands charged; “ Cook, 174, v. Wall. 17 ingredient every be offence is must clearly alleged.” composed accurately that where It an criminal is pleading, elementary principle common law or offence, it be at the definition of an whether “ that the in- statute, terms, it sufficient includes is not generic terms as dictment shall the offence in same generic charge — ; it must de- in the definition but it must state species, PL, 291. Pr. and scend to 1 Arch. Cr. particulars. is, first, accused with furnish the indictment object him him as will enable a against such description defence, and avail himself his conviction his make for the a further prosecution acquittal protection cause; and, second, to inform the court of the facts al- same are in law decide whether sufficient so it leged, they may this, conviction, be had. For facts a if one should support crime stated, not alone. A is made conclusions law be intent; these must be set forth the in- of acts up time, and cir- dictment, with place, reasonable particularity cumstances. ; and chattels but an indictment is crime to steal
It
goods
some
cer-
bad
did not
be
degree
would
specify
This,
stolen.
because
accused must be
the articles
tainty
him,
of the essential
charge against
advised
particulars
to decide whether the
court
able
property
must
So, too,
it is
taken was such was
subject
larceny.
crime for two
more
States a
conspire
some
of his
but it has been
and defraud another out
cheat
property;
contain alle-
such an offence must
that an indictment for
held
to be used
accom-
forth
means
proposed
setting
gations
because,
such a
This,
to make
purpose
the purpose.
plish
cheat and defraud in a
must be to
criminal, the conspiracy
statute; and as all
and de-
cheating
made criminal
mode
criminal,
it
been made
necessary
has not
frauding
in order that the court
the means
indictment to state
proposed,
559
Oct. 1875.]
v. Parker,
are in fact
State v.
see tliat
illegal.
;
118;
Keach,
Alderman v.
State v.
40 Vt.
N. H. 83
People,
414;
Maine,
Roberts,
v.
judgment the Circuit Court order arresting judgment upon ; is, therefore, remanded, the verdict and the cause affirmed discharge with instructions defendants. Mr. Clifford Justice dissenting. in arrested,
I concur that this case should be judgment different from but for reasons those the court. quite given by Cfc. v. al. is to enforce legis- Power vested Congress by appropriate fourteenth lation the contained amendment prohibition Constitution; Enforcement and the fifth section hinder, effect, who persons prevent, Act provides hinder, intimidate, con- control, or who or attempt prevent, intimidate, to whom the trol, person right suffrage or any amendment, from or or exercising, secured guaranteed threats; of means of or such bribery right, by exercising or of or such of employment occupation; depriving person lands, house, or other such from rented prop- person ejecting contracts for ; threats of to renew leases or or refusing erty — such labor; to himself or or threats violence per- family, misdemeanor, and, shall be deemed son so offending guilty thereof, both, be fined or shall or on conviction imprisoned, 141. therein Stat. provided. act, that, same if made, sect. 6 of the
Provision also or shall band or two or more persons conspire together, go or the public highway, premises disguise, upon act, another, to violate of that or to with intent any provision threaten, with intent or intimidate citizen injure, oppress, or hinder his free exercise to prevent secured to him the constitution or privilege granted States, or because of his exer- laws of the United having same, be deemed such shall cised the guilty felony, both, thereof, and, shall be fined on conviction imprisoned, further as therein provided. punished *16 hundred were at the than one indicted More persons jointly Term, 1873, of the the Circuit Court of United States April Louisiana, with offences in violation charged the District the, record, it Enforcement Act. the ap- By provisions counts, contained in that the indictment two thirty-two pears that the sixteen counts each: first series were drawn series of act; of the that the fifth sixth sections under under series drawn the seventh section second were act; the latter series and that same charged prisoners murder committed them in the act of violating guilty of the of the two sections of some provisions preceding act. named in the indictment on
Eight appeared Oct. al. 1875.] -June, 1874, 10th and went to trial under of not plea entered the time of their guilty, previously arraignment. — wit, Three of those who.went to trial the three defend- — ants named in the were found transcript guilty by jury on indictment, the first series of the counts of the and not on the second series the counts in the same guilty in- dictment. defendants filed a motion convicted for a
Subsequently trial, new which motion overruled filed a motion being in motion; arrest of was had judgment. Hearing and the of the Circuit Court opinions judges being op- the matter in difference certified to court, this posed, duly whether the motion arrest question being judgment to be or denied. ought
Two the causes arrest in the motion only assigned will be considered certified: answering Be- questions (1.) cause the matters and set forth and things charged several counts in do not constitute offences question laws of the United and do not come within the purview, intent, true of the Enforcement Act. meaning Be- (2.) cause the several counts the indictment in are too insufficient, and uncertain to afford the accused vague, proper notice to defence, and do not set plead prepare forth offence defined the Enforcement Act.
Pour other causes of arrest but, in the view assigned; case, taken be sufficient will to examine the two causes above set forth. court,
Since were certified into this questions the parties been heard to all the fully respect have questions presented Questions for decision in the transcript. at the pressed considered; and, not be will inasmuch as the argument counsel in behalf of United States confined their arguments entirely thirteenth, fourteenth, and sixteenth counts the first indictment, series in the the answers well be limited to counts, these the others being abandoned. Mere virtually will be omitted allegations introductory unimportant, reason that the to be answered relate questions to the allega- tions counts respective the offence. describing As count, is, described the thirteenth
vol.
ii.
v. Cruikshank
combine,
did,
mentioned,
defendants
con
and
time
place
themselves,
and
between and
spire,
confederate
among
together,
for and with the unlawful and felonious intent and purpose
Tillman,
Alexander
each whom
one Levi Nelson and one
States,
of the
then and there a citizen
African
being
color,
descent,
and
and a
unlawfully
person
feloniously
intimidate, with
threaten,
the unlawful
and
injure, oppress,
color,
intent
the said
and felonious
persons
respec
thereby
in their
then
there
hinder and
and
respective
tively,
of the
and
and several free exercise
rights, privi
immunities,
and
and
secured to
and
granted
protection,
leges,
of the
citizens
as citizens
them respectively
color;
State,
their race and
and because
reason
color,
said
then
there
being
persons
they,
States,
the United
and of
then and
citizens
the State
race,
color,
descent and
there
African
persons
persons
thereof;
the same
not white citizens
being
to the said
secured
of color
privilege
respec
other
common
citizens
all
good
tively,
and the laws of
the Federal Constitution
Congress.
conceded,
court,
Matters of law
be
opinion
may
so,
and,
to be correct without
if
then dis-
assumed
argument;
show that
is not
ingredient
cussion
necessary
every
must be
offence is
an
composed
accurately
clearly alleged
indictment,
bad,
be
the indictment will
be
may
motion, or
on
be arrested before
judgment
quashed
sentence, or
reversed on a writ of error.
be
United States v.
Cook,
Offences created well offences at common indictment; law, must described in be an accurately clearly and, so if the cannot be described without offence expanding statute, it is the mere words of then allegations beyond must expanded clear allegations indictment that no extent, as it is true indictment universally all the which does not allege accurately clearly sufficient so as the offence bring of which composed, ingredients intent statute within the true and meaning accused besides offence. Authorities great weight, defining read, me, dissenting opinion just those referred *18 Oct. 568 United States v. 1875.] Cruikshank be found of that support may proposition. East, P. C. 1124; 675; v. Dord 9 Barb. Ike State, v. People, 23 Miss. 525; State v. Eldridge, 7 608. Eng. offence consists of certain acts done or
Every omitted under circumstances; and, certain in the indictment for offence, it is not sufficient to the accused generally having offence, committed the all circumstances constitut- the offence must be ing set forth. PL, Arch. Cr. specially ed., 15th 43.
Persons born or naturalized in the United and sub- thereof, ject are citizens jurisdiction thereofand fourteenth amendment also that no State shall provides, make or enforce law which shall any or im- abridge privileges munities of citizens of the United States. Congress may, doubtless, violation of that prohibit any provision, may that provide convicted of any person same shall violating offence, be of an and be to such guilty reasonable subject pun- ishment as Congress may prescribe. of the kind described in the
Conspiracies clause introductory of the sixth section of the Enforcement Act are for- explicitly bidden section; clauses of the same subsequent and it if the be that indictment was for a at may common conspiracy law, in a and was tribunal pending of com- having jurisdiction offences, the mon-law indictment in its form present be might sufficient, even contains no definite though what- allegation ever of overt act committed particular any defendants in pursuance alleged conspiracy. cases doubtless
Decided be found in which it is may held for a an indictment law, that common conspiracy, bemay is an where there unlawful sustained agreement between two act, to do an unlawful or to or more do a lawful act by means; and authorities unlawful referred maybe to which sup- indictment, if the is proposition, port conspiracy sufficient, is even well it be not pleaded, though alleged had been done overt act pursuance the unlawful com- bination. however, it to
Suffice authorities to that effect say, class of authorities opposed respectable, another equally numerous, even more which decide that the indictment is al. was committed some overt act bad unless it alleged tbe alleged conspiracy; of tbe intent pursuance purpose act, held, that overt it is and in cases all the class of latter combination, must accu- as well as the unlawful clearly alleged. rately nature, however, be assigned conclusive
Two reasons of a doubt, to enter that it show, necessary which all beyond is correct. of those decisions class into the inquiry jurisdiction not a source law is 1. Because common court. courts, nor in other Federal circuit of offences courts have no common-law jurisdiction Circuit *19 clear that the and it is or equally description; any grade not extend does of the Court Supreme appellate jurisdiction the jurisdic- in case not within to case or question, any any State v. Wheeling Federal courts. the subordinate tion of al., 563; v. Hudson et Co., How. 13 Bridge Cranch, 32. described in the offence that it is conceded 2. Because an act of Con- defined an is offence created' by indictment gress. statute must and defined for offences created by
Indictments and, is where there of the statute: the words in all cases follow is in suffi rule, indictment from that general no departure where, or statute is cient, where the elliptical, in cases except constituents other component implication, by necessary statute offence; words of the defining as where the of the parts or are enlarged by have a offence compound signification, follows the words describing or precedes what immediately kind do of the offence, the same connection. Cases and in in States v. where, arise, in opinion as the dissenting 222, held, to al., it was that the words pay p. Reese supra, offer of the clause a succeeding tax were so expanded a capitation ” included readi offer that the word sentence necessarily same offered, the being what provision ness perform if the to actual offer performance should equivalent offer act or to be into execution wrongful carried failed omis made. the offer was whom sion party defined created and the sixth are in fact Two offences Act, of a both of which consist Enforcement section Oct. 1875.] v. Cruikshank et al. Avithan intent to a forbidden act. perpetrate
conspiracy They are alike differ respect conspiracy; very Avidely to the act embraced in the respect prohibition. Persons, more,
1. two or are forbidden band or conspire or or together, on the go disguise upon public liigliAvay, another, intent violate premises provision of any Act, Enforcement is an Avhich act sections. twenty-three Much discussion of clause noas certainly unnecessary, the counts under it, one of consideration is on founded or con- such an tains offence. Such a any allegations describing con- threaten, with intent or injure, oppress, intimidate spiracy is also forbidden clause succeeding of that any person, section, if it Avith be done intent to or hinder his free exercise right privilege granted him constitution or secured laws the United States, or because exercised the same. having Sufficient count conclusion, thirteenth to Avarrantthe appears intended to the defendants AA'iththe jury grand offence created defined in second the sixth section of the Act. Enforcement
Indefinite and vague description offence there is, it is obvious it is so defined more as described greatly thirteenth count. the act allegations of Con- By extended prohibition gress, privilege *20 the or secured constitution or of laws granted Congress; it to the the pleader specify particular leaving invaded, been in which had order to the accusa- give privilege the of which rules that criminal tion certainty pleading every- indictment; but in an the in case, require pleader where this such for necessity specification, and mak- overlooking any any Avith rules the no criminal comply attempt pleading ing the describes offence in supposed that terms much regard, in than those and indefinite in more the act vague employed Congress. the which particular right
Instead specifying privilege invaded, the that pleader .proceeds been allege had the others defendants, indictment, all did Avith named confederate combine, and Avith unlaw- together, conspire, the said of African descent and and persons intent purpose ful al. v. threaten, color then and there injure, oppress, and there to hinder intimidate, and and then and pre- thereby vent rights, them in the free exercise and enjoyment and secured granted and immunities protection privileges, and citizens of the to them as citizens of the United State, of the rights, privileges, without other specification invaded, immunities, had been violated or which and protection follows; threatened, wit, what or which were except or secured in same common privilege granted being right the constitution and laws citizens with all other good the United States. of the kind are not sufficient and indefinite
Vague allegations of the nature the accused in a criminal prosecution to inform him, within the of the accusation meaning and cause of the Constitution. the sixth amendment number, are almost without Valuable and privileges, rights and secured to citizens constitution laws be, which invaded in none of may impunity, Congress; contained section. violation prohibition Congress citizens in the intended provision protect but in such of all such privileges; affording protec- never intended to tion the mode there provided Congress the door to the invasion of rule requiring certainty open as has been one criminal which ages regai'ded pleading, of the citizen against oppressive great safeguards groundless prosecutions. indictment must the time
Judge says Story circumstances the offence with clear- and nature and place so have full notice of ness certainty, party and be to make his defence with all reasonable able charge, Const., sect. 1785. knowledge ability. Story, the fourteenth count need added to show that Nothing sixth section the same clause in the founded count, the thirteenth will supersede Act Enforcement extended remarks explain nature necessity created and defined. offence there character been show that that has remarked to partic- already Enough citizens in the of the section was to protect clause passed ular *21 or granted exercise and every right privilege free enjoyment Oct. v. 1875.] to them constitution laws or secured and of Congress, of those who or con- and band provide punishment described, to in the manner or spire injute, together, oppress, citizen, or hinder him from the free intimidate any prevent exercise and all such or or privileges, enjoyment his or so because of such exercised right privilege having any or secured. is, What that the fourteenth count the defend- charged combine, ants did and the said citizens of confederate conspire, threaten, African descent and of color to persons oppress, injure, intimidate, with intent the said citizens thereby and hinder in the free exercise enjoyment right to vote at election to be had held privilege any thereafter State, to law according people people defendants, well that the said parish; they, knowing citizens were vote such election lawfully qualified any to be thereafter had and held. some of the defects in the
Confessedly, preceding existing count are avoided in the count as, for example, question; of the said description of the particular right privilege citizens which was the intent of the defendants to invade is, count it does alleged: clearly difficulty for what the election or elections to be allege purpose ordered, when nor or where the were to elections be had is, held. All that is it was the alleged upon subject intent of the defendants to hinder the prevent and said citizens of African descent and of color in the free exercise and of the to vote at election privilege any held, be had law, according people thereafter State, without people other parish, whatever as to the allegation election, or purpose as to the time allegation when and elec- place where the tion was to be had and held.
Elections thereafter to be held must differ- mean something elections; ent but whether the means to pending pleader the intent and purpose alleged conspiracy extended to the next to be held in only elections succeeding the State or all or to parish, future elections to be held State or the lifetime of admit parish during parties, *22 v. Cruiks&ank
a serious cannot be solved thing which question, by any easily in count. contained allegations.of is in criminal required Reasonable all will agree, certainty, conceded, think, be we so it must and if pleading; with that in fails to comply requirement. allegation of common to have the justice, as matter ought Accused persons, terms that forth in such them set they may readily charge against accusation, of the in order nature and character understand the answer know what to make to when may arraigned, they, it, in not be embarrassed conducting that they may to be laid in such defence; also terms and the charge ought trial, to the verdict and that, if the accused put judg- party a second accusation for in bar of ment be pleaded offence. same considerations, it is clear that these quite
Tested by to count is sufficient warrant conviction fourteenth sentence of the accused. of the same kind as those Defects imperfections pointed count, in the thirteenth count also exist in sixteenth out of more decided character in the latter count than in the a former; conclusive of which will a brief exami- proof appear by a of the nation of few most material allegations Suffice it to without into defendants. entering say, details, that of the count are in all the introductory allegations counts. the same as the thirteenth and fourteenth respects of the overt act None allegations allege introductory pursuance alleged conspiracy; perpetrated and felonious to unlawful proceed jurors present of the defendants were to intent and purpose of African hinder the said citizens descent and described, color, in the free exercise and the means therein each, all, and the several every, singular enjoyment of and secured them constitution privileges all States in common with other and laws good citizens, without describe designate attempt any par- it was the and intent ticular which purpose privilege invade, defendants abridge, deny. criminal allegations required Descriptive pleading certain, definite and as a necessary safeguard reasonably Oct. 1875.] County. Bates Harshman and error in surprise, misconception, tlie accused against defence, and in order that the Ms judgment conducting bar to a second accusation the same be a charge. case may kind are but it is entitled respect; Considerations an obvious, that, offence if such ingredient description act of held be suffi- defined an created and Congress accused; cient, must become snare the indictment can be framed that an it is allegation scarcely possible certain, at variance Avith the or more universal would be less the offence must be rule that clearly ingredient every *23 defendant within so described as to bring accurately offence. proA’isiondefining true intent meaning of a material a and indefinite description ingredient Such vague the rules of not a with offence is compliance pleading such an indictment an indictment. On contrary, framing be held bad on demurrer or in insufficient, and must arrest judgment. other causes for arresting judgment assigned Certain of the En- record, which constitutionality deny Act; but, conclusion that the come forcement having insufficient, it is not to consider that indictment necessary question. County.
Harshman v. Bates declaring of art. 11 of the Constitution Missouri, 1865, 1. Sect. adopted general shall authorize or town, assembly any county, city, to, or to loan its credit in, to become stockholder associa- any company, unless two-thirds of voters of such tion, qualified corporation, regular election to be held town, therein, special county, city, well assent extends as as to counties, shall thereto,” townships cities, and towns. Although a stock of a railroad 2. be authorized subscription company duly voters of a if the number of requisite qualified township, company, before the becomes consolidated made, another, subscription actually forming a Court is not third, subscribe, County thereby empowered on bonds behalf of the for stock of new issue township, company, therefor. payment 3. The in this suit is not en holder of attached the bonds coupons objection titled to recover as sufficient thereon, notice of validity bonds is contained in recitals.