ex parte state virginia argued decided october petition writ habeas corpus facts stated opinion james field virginia william robertson petitioner devens assistant smith contra justice strong delivered opinion petitioner coles arrested held custody indictment found district western district virginia indictment alleged judge county pittsylvania county state officer charged law selection jurors serve circuit county courts said county year exclude fail select grand petit jurors certain citizens said county pittsylvania african race black color said citizens possessing qualifications prescribed law excluded jury lists made judge account race color previous condition servitude reason peace dignity form statute case made provided thus custody presented us petition writ habeas corpus writ certiorari bring record district order may discharged avers district jurisdiction matters charged said indictment constitute offence punishable said district finding said indictment consequent arrest imprisonment unwarranted constitution law made pursuance thereof violation rights rights state virginia whose judicial officer similar petition presented state virginia praying habeas corpus discharge said coles accompanying petitions exhibited copies indictment return marshal showing arrest said coles detention custody petitions considered one case first question present whether jurisdiction award writ asked petitioners question free difficulty view constitution several acts congress relating writs habeas corpus view decisions heretofore made granting writ exercise original jurisdiction seem granted unless fact one petitioners writ state virginia makes cases differ established rulings marbury madison cranch numerous subsequent decisions readily perceived fact state applies writ directed one citizens make case original jurisdiction appellate power broader original may said issue writ habeas corpus us directed one inferior courts exercise appellate jurisdiction without going large discussion extent sufficient present notice fact exercise appellate power limited constitution particular form mode alone appeal writ error may invoked matter metzer indeed ruled order commitment made district judge chambers revised habeas corpus order reviewable form besides authority case much shaken kaine ex parte yerger wall latter cases said chief justice chase delivering opinion regard established upon principle authority appellate jurisdiction habeas corpus extends cases commitment judicial authority within exception made congress present case petitioner coles custody warrant directed district averment jurisdiction indictment warrant founded district inferior case exhibited indictment judgments reviewable indictment found violation sect act congress march entitled act protect citizens civil legal rights part third section gives district courts well circuit judicial cognizance offences provisions act fifth section enacts cases arising provisions act shall reviewable without regard sum controversy provisions regulations provided law review cases said section applies criminal cases well civil appellate power extends directly district act march stat allows writs error circuit cases deprived us appellate jurisdiction application appellate power action district case alleged acted outside jurisdiction said nothing appeal decision judgment given inferior appeal taken finding grand jury mistake order validity matter question true final judgment decision whole case appeal may lie many courts often lie merely interlocutory order said habeas corpus sued either district circuit called upon review action lower upon writ true writ lower regular proceeding say however indispensable especially view fact state seeking release one officers view former action ex parte hamilton dall awarded writ habeas corpus review commitment warrant district judge ex parte burford cranch writ awarded review commitment circuit district columbia review decision inferior upon habeas corpus issued ex parte jackson question power issue writ raised petition averred circuit exceeded jurisdiction considered merits case without regard fact habeas corpus ex parte lange wall ruled examination authorities prisoner shows held judgment federal given without authority law writs habeas corpus certiorari look record far ascertain whether fact found discharge justice miller said delivering opinion authority case constitution fourteenth section judiciary act issue writ examine proceedings inferior far may necessary ascertain whether exceeded authority longer open question therefore true writ habeas corpus generally made subserve purposes writ error yet prisoner held without lawful authority order beyond jurisdiction inferior federal make favor liberty grant writ review whole case examine authority act conclusion empowered grant writ case presented petitions come merits case indictment virtue petitioner coles arrested held custody justification act congress march sect part section enacts citizen possessing qualifications may prescribed law shall disqualified service grand petit juror state account race color previous condition servitude officer person charged duty selection summoning jurors shall exclude fail summon citizen cause aforesaid shall conviction thereof deemed guilty misdemeanor fined defendant indicted misdemeanor described act denied properly held custody answer indictment act congress warranted constitution whole merits case involved question whether act thus warranted provisions constitution relate subject found thirteenth fourteenth amendments thirteenth ordains slavery involuntary servitude except punishment crime whereof party shall duly convicted shall exist within place subject jurisdiction declares congress shall power enforce article appropriate legislation followed fourteenth amendment ordains persons born naturalized subject jurisdiction thereof citizens state wherein reside state shall make enforce law shall abridge privileges immunities citizens shall state deprive person life liberty property without due process law deny person equal protection laws amendment also declares congress shall power enforce appropriate legislation provisions article one great purpose amendments raise colored race condition inferiority servitude previously stood perfect equality civil rights persons within jurisdiction intended take away possibility oppression law race color intended really limitations power enlargements power congrese extent declaratory rights though form prohibitions imply immunities may protected congressional legislation occasion cases wall express opinion spirit purpose extent meaning called consider tennessee davis supra strauder west virginia supra latter case held fourteenth amendment secures among civil rights colored men charged criminal offences state impartial jury trial jurors indifferently selected chosen without discrimination jurors color held immunity discrimination one equal rights persons withholding state denial equal protection laws within meaning amendment held equal right impartial jury trial immunity unfriendly discrimination placed amendment protection general government guaranteed held protection guarantee fifth section amendment expressly ordains may enforced congress means appropriate legislation amendments derive much force latter provision said judicial power general government shall extend enforcing prohibitions protecting rights immunities guaranteed said branch government shall authorized declare void action state violation prohibitions power congress enlarged congress authorized enforce prohibitions appropriate legislation legislation contemplated make amendments fully effective whatever legislation appropriate adapted carry objects amendments view whatever tends enforce submission prohibitions contain secure persons enjoyment perfect equality civil rights equal protection laws state denial invasion prohibited brought within domain congressional power make difference legislation restrictive state might done constitutional amendment adopted prohibitions fourteenth amendment directed degree restrictions state power congress empowered enforce enforce state action however put forth whether action executive legislative judicial enforcement invasion state sovereignty law people constitution empowered congress enact extent powers general government overlooked said case act march interferes state rights said selection jurors courts administration laws belong state rights true general exercising rights state disregard limitations federal constitution applied power rights reach extent deny general government right exercise granted powers though may interfere full enjoyment rights powers thus granted indeed every addition power general government involves corresponding diminution governmental powers carved said prohibitions fourteenth amendment addressed state shall make enforce law shall abridge privileges immunities citizens deny person within jurisdiction equal protection laws reference actions political body denominated state whatever instruments whatever modes action may taken state acts legislative executive judicial authorities act way constitutional provision therefore must mean agency state officers agents powers exerted shall deny person within jurisdiction equal protection laws whoever virtue public position state government deprives another property life liberty without due process law denies takes away equal protection laws violates constitutional inhibition acts name state clothed state power act state must constitutional prohibition meaning state clothed one agents power annul evade constitutional amendment ordained purpose secure equal rights persons insure persons enjoyment rights power given congress enforce provisions appropriate legislation legislation must act upon persons upon abstract thing denominated state upon persons agents state denial rights intended secured act march think fully authorized constitution argument support petition habeas corpus ignores entirely power conferred upon congress fourteenth amendment fifth section amendment might room argument first section declaratory moral duty state said commonwealth kentucky dennison act consideration case provided means compel execution duty required constitution gave none act chief justice taney said power vested inflict punishment neglect refusal perform duty required act congress place every state control dominion general government even administration internal concerns reserved rights constitution expressly gives authority congressional interference compulsion cases embraced within fourteenth amendment limited authority true extending single class cases within limits complete remarks made kentucky dennison collector day though entirely applied cases made inapplicable case hand perceive holding office state claiming act state relieve holder obligation obey constitution take away power congress punish disobedience insisted argument behalf petitioner congress punish state judge official acts assumed judge cole selecting jury performing judicial act assumption admitted whether act done judicial determined character character agent whether county judge importance duty selecting jurors might well committed private person one holding office judge often given county commissioners supervisors assessors former times selection made sheriff cases surely judicial act sense contended merely ministerial act much act sheriff holding execution determining upon piece property make levy act roadmaster selecting laborers work upon roads jurors selected makes difference criers tipstaves sheriffs election appointment judicial act selection jurors considered case judicial act act charged petitioner considered acted outside authority direct violation spirit state statute statute gave authority selecting jurors panel might drawn circuit exclude colored men merely colored exclusion left within limits discretion idle therefore say act congress unconstitutional inflicts penalties upon state judges judicial action thing upon whole opinion act congress upon indictment petitioner founded constitutional correctly held answer therefore object secured issuing writ habeas corpus petitions denied justice field concurred justice clifford dissenting dissent judgment case reasons supported state grounds dissent virginia male citizens ages sixty entitled vote hold office constitution laws state liable certain exceptions material mentioned serve jurors judge county corporation required prepare annually list inhabitants county corporation less one hundred exceeding three hundred number shall think well qualified serve jurors persons sound judgment free legal exception name person list thus prepared written separate ballot placed box kept clerk box names persons summoned grand petit jurors county drawn law thus providing preparation list persons jurors taken makes discrimination persons colored race judge county corporation restricted action condition persons selected shall opinion qualified serve jurors sound judgment legal exception whether possess qualifications left determination shall attempt hereafter show manner discharges duty responsible state whose officer whose law bound enforce petitioner coles judge county county pittsylvania virginia held office years pretended discharge judicial duties ever selected jurors persons qualified serve character sound judgment free legal exception even suggested argument times faithfully obeyed law state yet indicted district western district virginia undesignated day year excluded failed select grand petit jurors citizens county account race color previous condition servitude indictment state citizens set forth particulars offence charges general words definition district nevertheless issued upon judge arrested refusing give bail held custody answer indictment therefore petitions certiorari send record proceedings examination writ habeas corpus alleging action without jurisdiction imprisonment thereunder unlawful prays released therefrom commonwealth virginia also presented similar petition declaring injured deprived services judicial officer unlawful arrest imprisonment district jurisdiction alleged matters charged county judge constitute public offence held arrest imprisonment upon process issued upon indictment unlawful petition granted settled upon full examination conflict opinion among members writ habeas corpus mode provided exercise appellate jurisdiction whenever unauthorized action inferior tribunal whether order decree process citizen restrained personal liberty certiorari issue connection writ bring record inferior tribunal examination cases look record determine whether inferior tribunal erred action whether exceeded jurisdiction imprisonment petitioner ex parte yerger wall ex parte lange id indictment founded upon fourth section act congress march protect citizens civil legal rights declares citizen possessing qualifications may prescribed law shall disqualified service grand petit juror state account race color previous condition servitude officer person charged duty selection summoning jurors shall exclude fail summon citizen cause aforesaid shall conviction thereof deemed guilty misdemeanor fined say shall endeavor show district issuing process arrest defendant imprisoning exceeded jurisdiction assuming act constitutional valid legislation indictment describes offence void face act section cited far relates jurors state courts unconstitutional void indictment merely repeats general language statute avers defendant judge pittsylvania county officer charged law selection jurors serve circuit county courts county excluded failed select jurors account race color previous condition servitude certain citizens county possessing qualifications prescribed law names citizens thus excluded course designates specific traversable offence essential valid indictment set forth offence particulars time place person accused may know nature charge able prepare meet enough repeat definition offence general language statute aver defendant guilty offence thus defined without specification sufficient example charge indictment defendant guilty murder without stating time place offence name person murdered name unknown giving description identify indictment without specification merely collection pointless words doctrine common learning found hornbooks law pages thumbed student first lessons criminal procedure constitution sixth amendment strikes nullity vague accusations embraced indictment declares repeating respect doctrine common law criminal prosecutions accused shall informed nature cause accusation means essential ingredients offence charged must stated embracing reasonable certainty particulars time place person property information accused enabled prepare defence avail acquittal conviction prosecution cause principle says bishop treatise indictment must contain allegation every fact legally essential punishment inflicted pervades entire system adjudged law criminal procedure made apparent understandings single case cases wherever move department jurisprudence come contact escape atmosphere surrounds us sect effect language archbold treatise criminal practice pleading indictment says state facts circumstances comprised definition offence rule common law statute indictment founded must stated clearness certainty otherwise indictment bad principal rule certainty required indictment may laid thus definition offence whether rule common law statute includes generic terms necessarily must sufficient indictment charge offence generic terms definition must state species must descend particulars doctrine fully stated illustrated cruikshank case prevailing dissenting opinion tested indictment string words presenting specific offence therefore justifying issue process arrest imprisonment petitioner difficult understand indictment defective drawn public prosecutor unless accept explanation extraordinary statement counsel district judge instructed grand jury effect whenever appeared state judge discharging duty imposed law state prepare annually list inhabitants county well qualified serve jurors persons sound judgment free legal exception never put colored persons jury lists presumed failure race color previous condition servitude duty grand jury indict offence face ruling defence made accused although may exercised times best judgment selection qualified persons unless prove cases impossible county many thousand inhabitants colored person qualified serve juror ruling necessity alleging indictment thing beyond general failure put colored persons jury list fact disputed sufficiently inform accused must prepared order rebut presumption guilt prove persons colored race county qualified act jurors difficult speak ruling language moderation second position fourth section act far applies selection jurors state courts unconstitutional void previous late amendments contended one familiar constitution congress vested power exercise supervision conduct state officers discharge duties laws state prescribe punishment disregarding directions conceded selection jurors subject exclusively regulation determine act jurors courts class taken qualifications possess officers carrying laws respect responsible abolished jury trials altogether required controversies submitted courts without intervention sixth seventh amendments jury trials mentioned apply federal courts repeatedly adjudged government created constitution designed regulation matters purely local concern required aid external authority manage domestic affairs fully competent provide due administration justice citizens courts needed directions matter government needed directions highways schools hospitals charitable institutions public libraries magistrates appoint towns counties matters concerned managed independent capacity managed great difficulty embarrassment general common government desired whilst retained control local matters felt necessary matters general common interest wisely efficiently manage intrusted central authority common government grew prevailing necessity granted exclusive jurisdiction external affairs including great powers declaring war making peace concluding treaties powers internal regulation conferred essential successful efficient working government established facilitate intercourse commerce people different secure equality protection several central government created chiefly matters general character concerned people matters interior regulation shown much history formation express language constitution union preceded constitution happily expressed late chief justice began among colonies grew common origin mutual sympathies kindred principles similar interests geographical relations confirmed strengthened necessities war received definite form character sanction articles confederation texas white wall articles prepared continental congress called provide measures common defence colonies encroachments british crown failing secure redress declared independence members foresaw independence colonies established acknowledged condition separate independent beset dangers threatening peace safety disputes arising conflicting interests rivalries always incident neighboring nations lead armed collisions expose reconquest mother country provide possibility evils kind articles confederation prepared submitted legislatures several finally adopted declared entered firm league friendship common defence security liberties mutual general welfare bound assist attacks account religion sovereignty trade pretence clothed new government created powers supposed ample secure ends declared freedom intercourse commerce inhabitants several provided general congress among things invested exclusive power determining peace war except case invasion state enemies imminent danger invasion indians sending receiving ambassadors entering treaties alliances regulating alloy value coin struck authority fixing standard weights measures regulating trade managing affairs indians establishing regulating one state another placed numerous restraints upon none articles interference authorized purely internal affairs instrumentalities administered governments dispensed justice among people declared terms state retained sovereignty freedom independence every power jurisdiction right articles expressly delegated congress assembled government confederation failed chiefly want coercive authority carry effect measures power recommendation present constitution adopted general ends sought attained namely creation central government take exclusive charge foreign relations representing people respect one nation time secure home freedom intercourse equality protection citizens state several uniformity commercial regulations common currency standard weights measures one postal system matters concerned people accordingly new government invested powers adequate accomplishment purposes act directly upon people recommendation enforce measures tribunals officers creation also restraints placed upon action prevent interference authority new government secure persons protection punishment legislative decree insure fulfilment contract obligations control matters purely local concern coming within scope powers granted restraints mentioned left always existed new government one granted powers authority limited necessarily implied execution lest misconception extent powers might abused tenth amendment early day adopted declaring powers delegated constitution prohibited reserved respectively people look constitution shall find single word opening concluding line amendments force close civil war shall hereafter endeavor show subsequently adopted authorizes interference congress administration governments enforcement laws respect matter jurisdiction surrendered design framers destroy form perfect union whilst creating central government certain great purposes leave matters jurisdiction surrendered functions essential separate independent existence late chief justice speaking said therefore loss separate independent autonomy union constitution may unreasonably said preservation maintenance governments much within design care constitution preservation union maintenance national government adds striking language gives old truth new force significance constitution provisions looks indestructible union composed indestructible texas white supra justice nelson also speaking used language general government although exist within territorial limits separate distinct sovereignties acting separately independently within respective spheres former appropriate sphere within limits powers granted language tenth amendment independent general government government within spheres independent said one reserved powers establish judicial department accurate accordance existing state things time said power maintain judicial department thirteen possession power exercised adoption constitution pretended grant general government found instrument therefore one sovereign powers vested constitutions remained unaltered unimpaired respect state independent general government government independent collector day wall cases texas white collector day decided thirteenth fourteenth amendments upon sought maintain legislation question adopted provisions chief justice justice nelson spoke familiar yet neither judge suggested doctrines announced opinions quoted respect modified affected amendments nothing judgment greater tendency destroy independence autonomy reduce humiliating degrading dependence upon central government engender constant irritation destroy domestic tranquillity one objects constitution insure doctrine asserted case congress exercise coercive authority judicial officers discharge duties state laws another step direction towards consolidation assumes exercise similar coercive authority governors legislators constitution declares charged state treason felony crime shall flee justice found another state shall demand executive authority state fled delivered removed state jurisdiction crime yet case commonwealth kentucky dennison fugitive justice kentucky demanded governor ohio refusal application made mandamus compel perform duty respect held clause provision constitution armed government authority compel executive state perform duty inflict punishment neglect refusal power said chief justice taney speaking whole place every state control dominion general government even administration internal concerns reserved rights justice nelson case collector day held competent congress impose tax upon salary judicial officer state said government whose means employed conducting operations made subject control another distinct government exist mercy government add authorities thing required recorded utterances statesmen participated framing constitution urging adoption publicists jurists since studied language aided enforcement provisions inconsistent pretension advanced case counsel government duties county judge selection jurors judicial nature involved exercise discretion judgment determine qualified serve character purpose whether possessed sound judgment free legal exceptions law acted force many years always considered judicial authorities virginia conformity constitution inhibits legislature requiring judges judicial duties test character act found power writ mandamus enforce performance particular way act judicial one writ require judge proceed discharge duty reference manner performance dictated writ command county judge select jurors particular persons black white proceed select qualified command respect subject limitation incident commands writs upon judicial officers touching judicial acts thirteenth fourteenth amendments relied upon already stated support legislation question thirteenth amendment declares neither slavery involuntary servitude except punishment crime whereof party shall duly convicted shall exist within place subjet jurisdiction fourteenth amendment first section one bearing upon questions involved case declares persons born naturalized subject jurisdiction thereof citizens state wherein reside state shall make enforce law shall abridge privileges immunities citizens shall state deprive person life liberty property without due process law deny person within jurisdiction equal protection laws fifteenth amendment declares right citizens vote shall denied abridged state account race color previous condition servitude material question us except showing respect suffrage interdict terms placed legislation account race color previous condition servitude equality civil rights ways secured persons colored race ballot assured effectual means unjust legislation placed hands amendments clause added authorizing congress enforce provisions legislation history amendments fresh recollection us grew late civil war events followed primarily designed give freedom persons african race prevent future enslavement make citizens prevent discriminating state legislation rights freemen secure ballot generality language used necessarily extends provisions persons every race color construing amendments giving effect occasion adoption purposes designed attain always borne mind forgotten additions previous amendments construed connection original constitution one instrument terms contravene repeal thing previously existed constitution amendments aside extinction slavery declaration citizenship provisions merely prohibitory upon nothing language purpose indicates construed enforced way different adopted reference previous restraints upon provision authorizing congress enforce appropriate legislation enlarge scope confer authority existed independently legislation appropriate contravene express prohibitions upon congress previously existing instance pass bill attainder ex post facto law legislation appropriate conflict implied prohibitions upon congress obligatory express prohibitions constitution already stated contemplates existence independence reserved powers destroyed course language collector day general government disappear family nations legislation therefore appropriate pretence prohibiting state certain things tend destroy essential attributes every state understood american sense must reference subjects jurisdiction absolute freedom external interference exercise legislative judicial executive authority congress undertake prescribe duties state legislature rules follow motives governed authorize criminal prosecutions members directions disregarded independence legislature essential independence autonomy state congress lay rules guidance state judiciary prescribe law motives controlled disregarded direct criminal proceedings members judiciary independent external authority essential independence state also may add efficient administration justice courts congress dictate executive state bills might approve pardons reprieves might grant manner might discharge functions office assume punish dictates disregarded independence within reserved powers essential state indeed independence state consists independence legislative executive judicial officers alone acts state cease existing indestructible member union brought level dependent municipal corporation existing powers congress might prescribe think mistaken saying change radical relation federal state authorities justify legislation interfering independent action different departments state governments matters retain jurisdiction never contemplated recent amendments people adopting suppose altering fundamental theory dual system governments discussions attending consideration congress people presented legislatures adoption successfully appealed support assertion union preserved fearful cost life property institution slavery portion country cause constant irritation crimination people existed free finally led rupture civil war war progressed sacrifices burdens filled people loyal determination union preserved institution judgment threatened dissolution abolished emancipation proclamation president lincoln expressed determination though placed ground military necessity thirteenth amendment carried organic law amendment prohibits slavery involuntary servitude except crime within place subject jurisdiction language restricted slavery particular class applies men embraces comprehensive language merely form slavery consists denial personal rights slave subjects condition chattel also serfage vassalage peonage villeinage every form compulsory service benefit pleasure caprice others intended render every one within domain republic freeman right follow ordinary pursuits life without restraints applied others enjoy equally earnings labor confers political rights leaves free adoption determine shall hold offices participate administration laws similar prohibition slavery involuntary servitude constitution several previous adoption never held confer political rights december amendment ratified official proclamation ratification made april following year civil rights act passed first section declares persons born subject foreign power excluding indians taxed citizens every race color without regard previous condition slavery involuntary servitude except punishment crime party shall duly convicted shall right every state territory make enforce contracts sue parties give evidence inherit purchase lease sell hold convey real personal property full equal benefit laws proceedings security person property enjoyed white persons legislation intended secure persons practical freedom validity questioned many quarters entitled consideration provisions long afterwards declared state courts beyond constitutional authority congress bowlin commonwealth bush also complaints made notwithstanding amendment abolishing slavery involuntary servitude except crime freedmen legislation southern subjected burdensome disabilities acquisition enjoyment property pursuit happiness render freedom little value cases wall besides complaints existence sections feeling dislike towards citizens north seeking residence towards citizens adhered national government war fail find expression hostile discriminating legislation immaterial whether complaints justified believed many persons remove cause obviate objections validity legislation similar contained first section civil rights act prevent possibility hostile discriminating legislation future state citizen enforcement legislation already secure persons within jurisdiction equal protection laws first section fourteenth amendment adopted first clause declared citizens thus removed discussion question previously debated though decided settled judgment dred scott case whether descendants persons brought country sold slaves citizens within meaning constitution also recognized create national citizenship contradistinguished privilege duty whichever may called acting juror courts country incident citizenship women citizens aged sixty children minority yet allowed virginia act jurors though respects qualified service one pretend exclusion law jury list impairs rights citizens second clause first section amendment declares state shall make enforce law shall abridge privileges immunities citizens cases held majority clause reference privileges immunities citizens distinguished citizens therefore apply fundamental civil rights belong citizens free governments right acquire enjoy property pursue happiness subject restraints might prescribed general good construction correct pretence privilege duty acting juror state within inhibition clause within inhibition broader construction given clause held contended minority house cases prohibits denial abridgment state fundamental privileges immunities right belong citizens free governments declaration independence proclaimed men endowed creator secure governments instituted among men fundamental rights secured previous amendment citizens state second section fourth article constitution declares citizens state shall entitled privileges immunities citizens several among privileges immunities never contended jury duty jury service included third clause first section amendment declares state deprive person life liberty property without due process law contended clause confers upon citizen right serve juror state courts exists constitution nearly additional security arbitrary deprivation life liberty arbitrary spoliation property means neither taken enjoyment thereof impaired except course regular administration law established tribunals existence clause amendment persuasive argument framed legislatures adopted never contemplated prohibition enforced way judicial tribunals previous prohibitions upon always enforced congress appropriate means enforce prohibition prescribe criminal prosecutions infraction legislators judges officers authorized frame vast portion laws subjects upon legislation besides life liberty property determining constitutes deprivation property might prescribe conditions upon property shall acquired held declare subjects property rights shall exist determining constitutes deprivation liberty might prescribe way means liberty citizen shall deemed protected prescribing punishment deprivation life might prescribe code criminal procedure much might done admitted asserts case congress authorize criminal prosecution infraction prohibitions prescribe punishment without defining crime therefore must give expression views constitutes protection life liberty property fourth clause first section amendment declares state shall person within jurisdiction equal protection laws upon clause counsel district judge chiefly rely sustain validity legislation question universality protection secured necessarily renders position untenable persons within jurisdiction state whether permanent residents temporary sojourners whether old young male female equally protected yet one contend equal protection women children aged aliens secured allowing persons class belong act jurors cases affecting interests equality protection intended require persons shall permitted participate government state administration laws hold offices clothed public trusts already said universality protection assured repels conclusion equality protection secured extends civil rights distinguished political arise form government mode administration yet reach influence amendment immense opens courts country every one terms security person property prevention redress wrongs enforcement contracts assures every one rules evidence modes procedure allows impediments acquisition property pursuit happiness subjected suffers greater burdens charges laid upon one equally borne others administration criminal justice permits different greater punishment imposed upon one prescribed like offences secures persons civil rights upon terms leaves political rights arise form government administration stood previous adoption reference social rights duties rest upon positive law though potential controlling intercourse individuals consideration questions growing amendments much confusion arisen failure distinguish civil political rights citizens civil rights absolute personal political rights hand conditioned dependent upon discretion elective appointing power whether people acting ballot one departments government civil rights individual never withheld may always judicially enforced political rights may enjoy holding office discharging public trust qualified possession depends fitness adjudged society clothed elective authority thirteenth fourteenth amendments designed secure civil rights persons every race color condition left determine possession political powers intrusted manifest fact desired confer political power upon newly made citizens done inhibiting denial suffrage account race color previous condition servitude new amendment required doctrine district judge counsel contend lead singular results colored person accused criminal offence presence persons race jury tried essential secure equal protection laws seem presence persons bench equally essential consist one judge many cases may consist single judge protection impossible similar objection might raised composition appellate case verdict might carried position cases rights colored persons concerned justice done unless mixed jury founded upon notion cases white persons fair honest jurors position correct white persons jury interests colored persons involved jury honest fair one members governed judgment considerations law evidence decision hardly considered reached sort compromise prejudices one race set prejudices consistent hold notion contend cases affecting members colored race juries composed entirely colored persons presiding judge race result doctrine asserted district logically leads jury de medietate linguoe anciently allowed england trial alien expressly authorized statute probably much difference language customs englishmen greater probability defence fully understood heard friendly spirit jurors country language views purport meaning thirteenth fourteenth amendments constitution correct warrant act congress indictment case found arrest imprisonment petitioner unlawful release ordered case one delayed slow process trial subsequent appeal case conviction heard years hence commonwealth virginia represented us services judicial officer needed courts administration justice citizens asks highest tribunal union release unlawful arrest order may perform duties office regard independence reserved powers includes independence legislative judicial executive departments essential successful maintenance form government fail view gravest apprehension future indictment judicial officer state manner discharged duties laws makes complaint proceeding gross offence state attack upon sovereignty matters never surrendered jurisdiction doctrine sustains carried logical results degrade sink level mere local municipal corporation congress render officer state criminally liable manner discharges duties laws prescribe nature extent penalty shall subjected conviction may imprison life punish removal office make exclusion persons jury service account race color criminal offence make exclusion office account also criminal adopting doctrine district judge case failure appoint office presumptive evidence exclusion ground result logically led legislation congress founded sustained seems upon theory constitutes equal protection laws purely speculative warranted experience country accordance understanding people meaning terms since organization government