The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1874-07-12
JUSTICE BRADLEY'S
Opinion on Motion to Arrest
Judgment in Grant
Parish Case,
Louisiana.
CIRCUIT COURT THE UNITED STATES. DISTRICT
LOUISIANA.

CIRCUIT COURT OF THE UNITED STATES, l1sTgIc
OF LOUISIANA.
TIE UNITED STATES VS.. WILLIAM J. Cr.UIgsKASI
AND OTHERS.
Indictment for conspiracy and murder undel
the Enforcement Ac Of 1870.
Bradley, 1.-The indictment in this case il
founded on the 9Th and It'll sections Of the act o
Congress approved May 31st, 1870. entitled s. Al
act to enforce the right Of citizens Of the United
States to vote in the several States Of this Union
series OF counts, in one OF which the defendants
are charged with having unlawfuly and felonious
ly banded Tor cOnspiredl together to intimidate
certain persons of African descent. {specitied by
name,) and thereby to hinder and prevent them
IN, and deprive them OF, the free exercise and
enjoyment Of certain supposed constitutional
rights and privileges, respectively specified in
the several counts Of the Indictment such as, in
one count, the right peaceably to assemble them
selves together; in another, the right to keep and
bear arms in third, the right to be protected
against deprivation of life, liberty and property
without due process Of law in fourth. the right
to the full and equal benefit Of the laws: IN an
other. the right to vote, etc. The second series
OF counts charges murder in addition to, and
whilst carrying out, the cOnspiracies charged.
Three of the defendants Crukshank Hadnot.
under the first series Of counts, which are found
ed on the sixth section Of the act. and now move
in arrest Of Judgment, the ground that the
act is unconstitutional and that the Indictment
does not charge any crime under it.
The main ground Of objection is that the act
il municipal in its character, operating directly
on the conduct Of individuals, and taking the
place OF ordinary State legislation; and that
act inasmuch as the State laws furnish adequate
remedy for the alleged wrongs committed.
1t cannot, OF course, be denied that express
power is given to Congress to enforce by appro-
pirate legislation the AlIIth AIVth, and XVIII
amendments OF the Constitution, but it is insisted
that this act does not pursue the appropriate
mode Of doing this A brief examination Of its
provisions n necessary more fully TO understand
the form in which the questions arise.
The first section provides that ali citizens OF
the United States, otherwise qualified shall be
allowed to vote at all elections in any State
county, city, township, etc, without distinction Of
race, color, or previous condition Of servitude.
any constitution, law, CUSTOM or usage Of any
state OF Territory to the contrary notwithstand-
ing:
This is not quite the converse Of the Xvth
amendment. That amendment does not estab-
hsh the right OF any citizens to vote it merely
declares that race, color, or previous condition OF
servitude shall not exclude them This is an
important distinction, and has IL decided bearing
on the questions at issue.
The second section requires that equal oppor-
tunity shall be given to all citizens, without dis
tinctiOn OF race, color, or previous condition Of
servitude, to perform any act required rs pre-
requisite or qnaliticat ton for voting and makes it
penal Ohense for officers and others to refuse OF
emit to give such equal opportunity.
The third section makes the offer to perform
such preparatory act, if not performed by reason
of such wrongful act or omission of the officers
o. others, equivalent to performance: and makes
1t the duty OF inspectors or judges Of election.
affidavit Of such offer being made, to receive the
Party's vote; and makes it a penal offense to
fuse to do 10.
These three sections relate to tile right Sc
cured by the XVth amendment.
The fourth section makes it penal offt.nse for
any person, by force, bribery, threats. ETC.. to
hinder OF prevent, or to conspire with others to
hinder or prevent, any citizen from performing
any preparatory act requisite TO qualify him to
vote, or from voting, at any eie.tiOn
This section does not seem 10 br based on the
AVth amendment, nor to relate to the specific
right secured thereby. 1t extends far beyond
the scope Ut the amendment, as Will more fully
appear hereafter.
The fifth section makes it a penal off ns., for
any person to prevent, or attempt to prevent,
hinder, or intulidate any person from exercising
the right Of suffrage to whom it is secured by
the XVIII amendment by means of bribery
threats, or threats Of d-privng OF occupation, or
u ejectlng from lands or teiicmcnts. or Of
flslng to renew lease, ut violence to such
person OF his family.
The sixth section, under which the first sixteen
counts OF the indictment framed. contains
two distinct clauses the first declares that " il
two or more persons shall band OF conspire to-
gether, or go in disguise upon the public high
way, Or;upOn the premises Uf another with ill.,
tent Ito Violate any provision Of tins act such
persons shall be held guilty Of felony" OIL
course this would include conspiracy to prevent
any person from voting, or from performing any
preparatory act requisite thereto. The next
clause has larger scope. Repeating the intro
ductOry and concluding words, it is follows
" Ii two or more persons shall baud or cnnspirc
ind
way, OF upon the premises ot another with intent
Ito njure, cypress, threaten, or intmidatc anv
citizen, with intent TO prevent hinder his free
exercise and enjoyment OF any right or privilege
granted or secured to him by the Constitution W
laws Of the United States. because Of his hay
ing exercised the same, such persons shall be
held guilty Of felony" Here it is made penal to
enter into conspiracy to injure intimidate
exercise and enjoyment mot merely Of the right |
70 vote but) Of any right privilege granted or
secured tO him by the Constitution 1r laws Of the
United States.
clause Of the Constitution DOES the power to |
enact such q Law arise, =.
1t in undoubtedly sound proposition, that !
Whenever right is guaranteed by the Constitu- |
ton OF the United States, Congress has the pow
er ~ provide for its enforcement either bv i'm /
paicatiOn arising fOn the cOrreLatiye duty Of |
government to protect, wherever right tn the
citizen is conferred, W under til. gem Isu power
CONTAINED IN Art l.. Sec. WILL. Par. ISL '.to !,
make all kaws necessary and proper for CARRYING !
into execution the foregoing powers and all |
other powers vested by this Constitution in the |
Government Of the United States any drlHrt- /
ne0t dr officer thereof
It was OH the principle first stated that tn. |
ieKi1ve slave Law was sustained by the Supreme !
Court Of the United States See Prigg We !
PesanrytvanLs, IL Pet. $500. HI. Constitution |
guaranteed the rendition u tusitiyes held to
labor or service IN any state and was held that
OOngTe6s had. by implication TIN. t.wer 10 en-