Legal Opinion · Dissent

United States v. Cruikshank

Supreme Court of the United States

Decided March 27, 1876No. 339Published

ERROR to the Circuit Court of the United States for the District of Louisiana. This was an indictment for conspiracy under the sixth section of the act of May 30, 1870, known as the Enforcement Act (16 Stat. 140), and consisted of thirty-two counts.

Read the full summary

ERROR to the Circuit Court of the United States for the District of Louisiana. This was an indictment for conspiracy under the sixth section of the act of May 30, 1870, known as the Enforcement Act (16 Stat. 140), and consisted of thirty-two counts. The first count was for banding together, with intent “ unlawfully and feloniously to injure, oppress, threaten, and intimidate ” two citizens of the United States, “ of African descent and persons of color,” “ with the unlawful and felonious intent thereby ” them “ to hinder and prevent in their respective free exercise and enjoyment of tlieir…

1DissentJustice Clifford

I concur that the judgment in this case should be arrested, but for reasons quite different from those given by the court.

*560Power is vested in Congress to enforce by appropriate legislation the prohibition contained in the fourteenth amendment of the Constitution; and the fifth section of the Enforcement Act provides to the effect, that persons who prevent, hinder, control, or intimidate, or who attempt to prevent, hinder, control, or intimidate, any person to whom the right of suffrage is secured or guaranteed by that amendment, from exercising, or in exercising such right, by means of bribery…

2Cases cited5 opinions

  1. The United States v. Hudson and GoodwinSupreme Court of the United States · 1812
  2. United States v. CookSupreme Court of the United States · 1872
  3. State of Penn. v. THE WHEELING &C. BRIDGE CO.Supreme Court of the United States · 1852
  4. Ike v. StateMississippi Supreme Court · 1872
  5. Dord v. PeopleNew York Supreme Court · 1851

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API