The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1876-03-29
TIE Il0ulslama Cases DaeIstcn ef sho
Supreme Cewrf.
Especial dispatch 70 the Baitin,o re Eaxette.I f. IS
PotNrN or THr nrcrsfnN III sd yg4fs

i Supreme Cewrf.
4 Especial dispatch % the Baltimore Gazette 1.
POINTS OF THE DECISION.
| WASHINGTON. March 27.--The Unites
States, plaintif 10 error, us. William J.
Cruiksbank, William D. Irwin, and John r,
Hadnot, 10 error to the Circuit Court Of the
United States for the District Of Louisiana
better known as the Grant Parish cases. Mr..
Chies.Justice Waite delivered the opiaion oil
the court. This case comes here with Ger.
tificate by the judges Of the Circuit Court
for the District Of Louisiana that they were
divided in opinion upon question which
occurred at the hearing. 1t presents for our
consideration an Indictment containing six.
teen counts, divided into two series OF eight
counts each, based upon section Of the en-
forcement &C, of May 81, 1870. That section
is as follows: 81,
That If two or more persons shalt band or
conspire together, or go 10 disguise upon the
public highway, or upon the premises OF
another with intent to violate any provisions
Of this act, or to iniure, Cypress, threaten, or
intimidate any citizen with intent to prevent
or hinder his free exercise and enjoyment OF
| any right or privilege granted or secured to
bin By the Constitution or laws of. the
| United States, or because OF his having ex.
ercised the same, such persons shall be held
guilty Of felony, and on conviction thereof
shall be fined or imprisoned, or, both, at the
d secretion of the court, the fine not to exceed
IS 5000, and the Imprisonment not to exceed
ten years and shall, moreover, be thereafter
ineligible to and disabled from holding any
office or place Of honor, profit, or trust Gre
ated by the Constitution or laws of the
United States.-16 stat, 14l.
The question certified arose upon motion
in arrest of judgment, after verdict OF
guilty generally upon the whole sixteen
counts, and is stated to be whether the said
sixteen counts Of said Indictment are seve.
rally good and sufficient in law, and contain
charges of criminal matter iDdictable under
the laws Of the United States. The general
" banding" and In the second eight that OF
conspirng" together to injure, Cypress,
threaten, and intmidate Lew Nelson and
Alexander Tillmann, citizens Of the United
States, of African descent, and persons OF
color, with the intent thereby to hinder and
prevent them in their free exercise and en-
Ijoyment OF rights and privileges granted and
secured to them, in common with all other
good citizens Of the United States, by the
Constitution and laws of the United States.
The offences provided for by the statute in
question do not consist in the mere banding
Or conspiring Of two or more persons to.
gether, but in their banding Or conspiripg
with the intent or for any OF the purposes
specified. TO bring this case under the ope.
ration OF the statute, therefore, it must appear
that the right the enjoyment of which the
conspirators intended to hinder or prevent
was one granted or secured by the Constitu-
ton or laws Of tie United States. II it does
; not so appear, the criminal matter charged
has not been indictable by any act of Con-
gress. We have in our political system a
government OF the United States and gov
eminent of each OF the several States. Each
one Of these governments is distinct from
the others, and each has citizens OF its own.
who owe it allegiance, aud whose rights
within its jurisdiction 1t must protect. The
same person may be at the same time citl-
zen of the United States and citizen OF q
State, but his rights Of citizenship under
one of these governments will be dt1er.
ent from those he has under the other
Slauyhterhouse cases, 16 Wall, "a. Citizens
are the members of the political commu'
nifty TO which they belong. They are the
people who compose the community, and
who, in their associated capacity, have estab'
, lished or submitted themselves to the do
!
,, of their general welfare and the protection
Of their individual as well as their collective
, rights. In the formation of Government
the people may confer upon it such powers
as they choose. The Government, when Sc
, formed, may, aud when called upon should
.. exercise all the powers 1t has for the protec
ton OF the rights OF its citizens and the PEG
, pie within its jurisdiction, but it can eXer
, else no other. The duty of a Government
to afford protection is limited always BY the
, power it possesses for that purpose. Expe
riepce made the fact known to the people o.
the United States that they required Ma,
tional Government for national purposes
The separate Governments of the separate
States, bound together by the articles Of con
! federation alone, were not sufficient for the
!. promotion ofthe general welfare Of the people
O in respect to foreign nations or for theil
!, complete protection as citizens Of the con
- federated States. For this reason the people
q of the United states, Gin order to form ,
4 more perfect union, establish justice, ensure
n domestic tranquility, provide for the common
q defence, promote the general welfare, ant
\ secure the blessings Of liberty to selve;
= and their posteriy" Constitution pream
o ble), ordained ard established the Govern
, ment Of The United States, and defined it
r. ed as its fundamental law, and made its ral
Of action. The Government thus established
and defined is to some extent governmen
! Of the States in their political capacity. /
: is also, for certain purposes, government
, OF the people. Its powers are limited il
numbers, but not In degree. Within tn
scope of its powers, as enumerated and de
. fined, it is supreme and above the States, blu
beyond it has no existence.
The Government of the United States ]
one Of delegated powers alone. It's authorlt.
2 is defined and limited by the Constitution
All powers not granted to it By that instru
S rnent are reserved to the States or the PEG
Il pie. No rights can be acquired under tn
Constitution or laws of the United State
= except such as the Government of the Hnitet
e states has the authority to grant or secure
t ALI mat cannot he so granted or secured ar
o LETT under the protection OF the States. w
1 now proceed to an examination of the lndlct
2 ment 10 ascertain whether the several right
]. which 1t Is alleged the defendants intended
q TO interfere with are such as had been, il
law or IN fsct, granted or secured by tn
Constitution and laws of the United States
The first and ninth counts state the interes
of the defendants to have been to binder AM
prevent the citizens named in the free eXer
, else and enjoyment of their "lawful RICH
aud privileges to peaceably assemble to
! gether with each other and with other citi
! zens OF the United States for peaceful an
. lawful purpose"
The right of the people peaceably to as
r semble for lawful purposes existed loni