United States v. Hall

26 F. Cas. 79 (1871)

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Nature of the Case

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Facts

Ds were alleged to have participated in a Ku Klux Klan raid that targeted a meeting of Black farmers in Alabama. Ds were indicted for a violation of 16 Stat. 140], entitled 'An act to enforce the rights of citizens of the United States to vote in the several states of this Union, and for other purposes.' It contains two counts. The first count charges that Ds did unlawfully and feloniously band and conspire together, with intent to injure, oppress, threaten and intimidate Charles Hays and others, naming them, citizens of the United States of America, with intent to prevent and hinder their free exercise and enjoyment of the right of freedom of speech. The second count charges that Ds did unlawfully and feloniously band and conspire together, with intent to injure, oppress, threaten and intimidate William Miller with intent to prevent and hinder their free exercise and enjoyment of the right and privilege to peaceably assemble, the same being a right and privilege granted and secured to them by the constitution of the United States. Ds demurred claiming: (1) That the matters charged are not in violation of any right or privilege granted or secured by the constitution of the United States. (2) That they are not in violation of any provision of the act of congress, on which the indictment is based, or of any statute of the United States. (3) That each of said counts charges the commission of several distinct offenses. Ds assert that while the constitution recognizes the existence of the rights to freedom of speech or the press, or the right of the people 'peaceably to assemble and petition the government for a redress of grievances, it does not secure them. Their claim is that the constitution only inhibits congress from impairing them, but that no such restriction applies to the states.