United States v. Cruikshank

92 U.S. 542 (1876)

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Nature of the Case

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Facts

An armed white Democrat militia attacked African-American Republican freedmen, who had gathered at the Grant Parish courthouse in Colfax, Louisiana. A great number of black people were killed (in the 100's). Three white people were killed, two perhaps by friendly fire. This was in the aftermath of a disputed gubernatorial election when two parties declared victory at the state and local levels. Ds, white men, were indicted and charged under the Enforcement Act of 1870. The Act made it a felony for two or more people to conspire to deprive anyone of his constitutional rights. There were 16 counts in the indictment. Ds were charged under the Act with a conspiracy to violate provisions in the Bill of Rights. 'The free exercise and enjoyment of their lawful right and privilege to peaceably assemble together with each other and with other citizens of the said United States for a peaceable and lawful purpose.' The 'right to keep and bear arms for a lawful purpose.' To deprive the same persons 'of their respective several lives and liberty of person, without due process of law.' The 'free exercise and enjoyment of the right and privilege to the full and equal benefit of all laws and proceedings for the security of persons and property' enjoyed by white citizens. An intent to hinder and prevent the same persons 'in the exercise and enjoyment of the rights, privileges, immunities, and protection granted and secured to them respectively as citizens of the said United States, and as citizens of the said State of Louisiana, by reason of and for and on account of the race and color' of the said persons. 'The free exercise and enjoyment of the several and respective right and privilege to vote at any election to be thereafter by law had and held by the people in and of the said State of Louisiana.' 'To put in great fear of bodily harm, injure, and oppress' the same persons, 'because and for the reason' that, having the right to vote, they had voted. An intent 'to prevent and hinder' the same persons 'in their several and respective free exercise and enjoyment of every, each, all, and singular the several rights and privileges granted and secured' to them 'by the constitution and laws of the United States.' Ds were convicted moved in arrest of judgment. Their basic claim was that the provisions of the Bill of Rights did not apply to the states. The court held that several counts charging defendants with conspiracy were not sufficient in law and granted the motion in arrest of judgment because the counts were too vague and general. The opinions of the judges were divided. The question certified arose upon a motion in arrest of judgment after a verdict of guilty generally upon the whole sixteen counts and is stated to be, whether the said sixteen counts of said indictment are severally good and sufficient in law, and contain charges of criminal matter indictable under the laws of the United States.