The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-03-28
ITS TERMS TOO SWEEPING.
Able ElucidatiOn of the Fifteenth Con-
StitutiOnal Amendment.
A STATE RIGHTS TRIUMPH.
The Grant Parish and Kentucky
Cases Dismissed.
WASHINGTON, D. c., March q. 1875.


No 339 The United States, plaintiff In error, VS..
William j. Cruikshank, William d. Irwin and John p.
Hudnut-In error to the Circuit Court Of the United
States for the District OF LouisianaMr Chief Justice
Waite delivered the opinion OF the Court This
comes here with certificate by the Judges Of the Cir
cult Court for the District OF Louisiana that they
divided in opinion upon question which occurred ut
the hearing II presents for consideration an n-
iictment containing sixteen counts, divided into two
Iercs OF eight counts each, based upon section Of
The Enforcement act of May 81, 1870 That section IS
as follows
"That If two or more persons shall band conspre
together or go disguise upon the pubic highway,
or upon the premises OF another with intent violate
any provision OF this act, or TO injure, Cypress,
threaten intimidate any citizen, with intent 10 pre-
vent hinder his full exercise and enjoyment OF any
right privilege granted secured by the constitu-
ton or laws OF tho United States or because of his
naving exercised the same such persons shall be held
guilty OF felony, and, conviction thereof shall be
6ncd imprisoned both, at the discretion OF the
court the line to exceed So 600 and the imprson-
ment not 10 exceed ten years and SHALL moreover be
thereafter ineligible To aud disabled from holding any
Office place oil honor profit or trust created by The
constitution or laws OF the United States" u6 Stat,
AL
The question certified arose upon n motion In arrest
at judgment alter ver.iet of guilty generally upon
the whole sixteen counts and is stated 10 be whether
the said sixteen counts OF said indictment
ally good aud sufficient in law contain charges of
criminal matter indctabe under the laws Of the UNI
ted states.
THE GENERAL CHARGE
in the first eight counts is that OF banding" and in
The second eight that of conspirng'' together To in
ure oppress threaten and intimdate Low Nelson and
Alexander TIllman citizens OF the United states OF
African descen, and persons Of color, with the intent
thereby 10 hinder and prevent them in their full exercise
ana enjoyment OF rights and privileges granted and
secured to them ~ common with all other good citi-
of the United States. BY the constitution and
laws of the United States the offences provided Tor
by the statute IN question do not consist IN the mere
"banding'' "conspirne' OF two or more persons to-
gether but in their banding or inspiring with the in
tent or Tor any OF the purposes specified To bring
tins under the operation OF this statute therefore,
must appear that the right The enjoyment OF which
The conspirators intended 10 hinder or prevent,
one granted or secured by the constitution or
laws OF The United States. If It does not
appear the criminal matter charged has not
been made indictsbe by any act OF Congress. We
have in our political system government of tho
United States and government OF each OF the several
States. Each one of these governments Is distinct
rom the others and each has citizens OF ITS owp who
IL allegiance, and whose rights within Its juris-
dicton 1t must protect The same person may be at
the same time citizen of the United States and
clizen OF State but his rights OF citizenship under
onesof these governments will be different from those
he has under the other slaughter house cases 10
Wall IA Citizens are the members OF the political
community 20 which they belong They are the people
who compose the community and who in their asso-
eiatcd capacity have established submitted them
selves to the dominion OF government for the promo
lion OF their general welfare and the protection their
individual well their collective rights. in
the formation of government the people
may confer upon it such powers as they choose.
upon should exercise all the powers has for the pro-
lection of The rights OF ats citizens and the people
The duty OF government to afford protection is lin
tied always by the power possesses tor that purpose
Experience made the fact known to the Reope of the
United states that they required
NATIONAL GOVERNMENT FOR NATIONAL PURPOSES.
The separate governments OF the separate states,
bound together by the articles OF confederation alone
sufficient for the promotion OF
The general welfare OF the people IN respect
10 foreign nations or Tor the complete pro-
lection citizens of the conicderated States
this the people OF the United States, ''In
order 10 form more perfect unon establish justice
domestic tranquility, provide for the common
ieicnoe promote the general welfare ana secure tho
bless nrs of liberty To themselves aud their pos
lcrty-i Constitution preambel-ordained and cstab-
shed the government OF the United states and defined
us powers by constitution which they adopted its
fundamental law and made its rule OF action. The
government thus established ana defined Is, TO some
extent a government of tho states IN their political
capacity IL is also tor certain purposes government
81 the people. It's powers are limited IN number
out not in degree Within the scope OF It's powers
IS enumerated and defined IL supreme and
above the States; but beyond II has existence.
II was erected Tor special purposes aud endowed
with all the powers necessary Tor its preservation
the accomplishment OF the ends its people had
II can neither grant nor secure TO ITS citizens
any right or privilege not expressly by implication
placed under It's Jurisdiction The people OF the United
states resident within any State are
sUnJECr TO TWO GOVERNMENTS,
pne state aud the other natonal but there need be
conflict between the two. Tho powers which the
possesses the other does not They are estab-
ished for different purposes and have separate jurs
ictions Together they make one whole and furnish
he people of the United states with complete gov
nnmenl. ample for the protection OF all their
rights at home and abroad True, 1t may
sometimes happen that a person is amenahie
both Jurisdictions for one and the same act. Thus
II marshal OF the United States is unlawfuly re-
sisted while executing the process OF the courts within
A state and the resistance IS accompanied by an
sault the officer, the sovereignty OF the United
States Is violated by the resistance and that of tho
State by the breach OF peace IN assault So too
passes the counereted coin of the United States
within state II may be offence against the United
states aud the Sate.tne United states because It dis
IT, aha no latQ of ~ RAJ
upon him TO whom u Is passed.
This does not, however, necessarily imply that the
two governments possess powers IN common, or that
bring them into conflict with each other. IL is the
oatura consequence OF citizenship which owes allie
glance 10 two sovereignties aud claims protection
rom both The citizen cannot complain, because
be has voluntarily submitted himself TO such
lorm OF government lie allegiance To
tue two departments, SO TO speak, and, within their
respective spheres, must pay the penalties which
each exacts for disobedence to its laws In hc
can demand protection IRON each within u. own Juris-
aiction. The government of the United States is
sSs OF ns dsSgagd P0T Sa aoae authority de-
granted IL by that instrument reserved 10 tho
states the people No rights can be acquired under
The constitution laws OF the Uutcd states except
such the government Of the United states has the
authority TO grant secure. All that cannot be 50
granted secured are lett under the protection OF the
States.
Az fxAuExABIx RIGHT
We now proceed examination OF the ndict-
menis TO ascertain whether the several rights which II
al eyed the defendants intended to interfere with
are such as had been In law and ia fact granted or
cured by the constitution laws OF the United states
The first aud ninth counts state the intent 0f the de-
iendants TO have been To binder aud prevent the ct-
named IN tho full exercise and ENJOY ment OF their
lawful rights and privileges to peeccaOly assemble
together with each and with other citizens OF the
United States, Tor peaceful and lawful purpose. The
night Of the people peaceabY 20 assemble Tor lawful
purposes existed long before the adoption OF tho
slitutiou Of the United states In fact. IL
and always has been OF the
attributes OF citizenship under free government IL
drives ts source, 20 the language OF Chief Justice
Marshall In Gibbons vs. ogden. Wheat, 2ll, IRON
those laws whose authority Acknowledged by evil
lied man throughout the world; % IS found wherever
civilization exists; t there for right granted
10 the people by the constitution. The government OF
the United States when established found
u in existence with the obligation the
part OF states 10 afford u protection, no direct
power u granted TO Congress 10 remains
according 10 the ruling In Gibbons Ogden, Wheat,
l0A snhecl 10 Slalc IurslIcilon only such exlstng