cruikshank argued decided october error circuit district louisiana indictment conspiracy sixth section act may known enforcement act stat consisted counts first count banding together intent feloniously injure oppress threaten intimidate two citizens african descent persons color unlawful felonious intent thereby hinder prevent respective free exercise enjoyment lawful right privilege peaceably assemble together citizens said peaceable lawful purpose second avers intent hinder prevent exercise persons keep bear arms lawful purpose third avers intent deprive persons respective several lives liberty person without due process law fourth avers intent deprive persons exercise enjoyment right privilege full equal benefit laws proceedings security persons property enjoyed white citizens fifth avers intent hinder prevent persons exercise enjoyment rights privileges immunities protection granted secured respectively citizens said citizens said state louisiana reason account race color said persons sixth avers intent hinder prevent persons free exercise enjoyment several respective right privilege vote election thereafter law held people said state louisiana seventh avers intent put great fear bodily harm injure oppress persons reason right vote voted eighth avers intent prevent hinder persons several respective free exercise enjoyment every singular several rights privileges granted secured constitution laws next eight counts repetition first eight except instead words together words conspire confederate together used three defendants found guilty first sixteen counts guilty remaining counts parties thus convicted moved arrest judgment following grounds matters things set forth charged several counts one sixteen inclusive constitute offences laws come within purview true intent meaning act congress approved may entitled act enforce right citizens matters things said indictment set forth charged constitute offences cognizable teh circuit come within power jurisdiction offences created sixth section act congress referred upon section aforesaid sixteen counts based constitutionally within jurisdiction courts matters things therein referred judicially cognizable state tribunals legislative action thereon among constitutionally reserved rights several said act far creates offences imposes penalties violation constitution infringement rights several people eighth sixteenth counts indictment vague general insufficient uncertain afford accused proper notice plead prepare defence set forth specific offence law verdict jury defendants warranted supported law motion opinions judges divided presiding judge several counts question sufficient law contain charges criminal matter indictable laws motion arrest judgment granted case comes instance certificate division opinion sect enforcement act declares citizens otherwise qualified shall allowed vote elections without distinction race color previous servitude sect provides law state territory prerequisite voting necessary equal opportunity shall given without distinction person charged duty furnishing prerequisite refuses knowingly omits give full effect section shall guilty misdemeanor sect provides offer performance respect prerequisite proved affidavit claimant shall equivalent performance judge inspector election refuses accept shall guilty sect provides person force bribery threats intimidation unlawful means hinders delays prevents obstructs citizen qualifying vote combines others shall guilty sect provides person prevents hinders controls intimidates person exercising right suffrage secured fifteenth amendment attempts bribery threats violence deprivation property employment shall guilty sixth section follows two persons shall band conspire together go disguise upon public highway upon premises another intent violate provisions act injure oppress threaten intimidate citizen intent prevent hinder free exercise enjoyment right privilege granted secured constitution laws exercised persons shall held guilty felony conviction thereof shall fined imprisoned discretion fine exceed imprisonment exceed ten years shall moreover thereafter ineligible disabled holding office place honor profit trust created constitution laws case argued october term general williams phillips plaintiff error reverdy johnson david dudley field philip phillips marr defendants error chief justice waite delivered opinion case comes certificate judges circuit district louisiana divided opinion upon question occurred hearing presents consideration indictment containing sixteen counts divided two series eight counts based upon sect enforcement act may section follows two persons shall band conspire together go disguise upon public highway upon premises another intent violate provision act injure oppress threaten intimidate citizen intent prevent hinder free exercise enjoyment right privilege granted secured constitution laws exercised persons shall held guilty felony conviction thereof shall fined imprisoned discretion fine exceed imprisonment exceed ten years shall moreover thereafter ineligible disabled holding office place honor profit trust created constitution laws stat question certified arose upon motion arrest judgment verdict guilty generally upon whole sixteen counts stated whether said sixteen counts said indictment severally good sufficient law contain charges criminal matter indictable laws general charge first eight counts second eight together injure oppress threaten intimidate levi nelson alexander tillman citizens african descent persons color intent thereby hinder prevent free exercise enjoyment rights privileges secured common good citizens constitution laws offences provided statute question consist mere two persons together banding conspiring intent purposes specified bring case operation statute therefore must appear right enjoyment conspirators intended hinder prevent one granted secured constitution laws appear criminal matter charged made indictable act congress political system government government several one governments distinct others citizens owe allegiance whose rights within jurisdiction must protect person may time citizen citizen state rights citizenship one governments different house cases wall citizens members political community belong people compose community associated capacity established submitted dominion government promotion general welfare protection individual well collective rights formation government people may confer upon powers choose government formed may called upon exercise powers protection rights citizens people within jurisdiction exercise duty government afford protection limited always power possesses purpose experience made fact known people required national government national purposes separate governments separate bound together articles confederation alone sufficient promotion general welfare people respect foreign nations complete protection citizens confederated reason people order form perfect union establish justice insure domestic tranquillity provide common defence promote general welfare secure blessings liberty posterity const preamble ordained established government defined powers constitution adopted fundamental law made rule action government thus established defined extent government political capacity also certain purposes government pepole powers limited number degree within scope powers enumerated defined beyond existence erected special purposes endowed powers necessary preservation accomplishment ends people view neither grant secure citizens right privilege expressly implication placed jurisdiction people resident within state subject two governments one state national need conflict two powers one possesses established different purposes separate jurisdictions together make one whole furnish people complete government ample protection rights home abroad true may sometimes happen person amenable jurisdictions one act thus marshal unlawfully resisted executing process courts within state resistance accompanied assault officer sovereignty violated resistance state breach peace assault one passes counterfeited coin within state may offence state discredits coin state fraud upon passed however necessarily imply two governments possess powers common bring conflict natural consequence citizenship owes allegiance two sovereignties claims protection citizen complain voluntarily submitted form government owes allegiance two departments speak within respective spheres must pay penalties exacts disobedience laws return demand protection within jurisdiction government one delegated powers alone authority defined limited constitution powers granted instrument reserved people rights acquired constitution laws except government authority grant secure granted secured left protection proceed examination indictment ascertain whether several rights alleged defendants intended interfere law fact granted secured constitution laws first ninth counts state intent defendants hinder prevent citizens named free exercise enjoyment right privilege peaceably assemble together citizens peaceful lawful purpose right people peaceably assemble lawful purposes existed long adoption constitution fact always one attributes citizenship free government source use language chief justice marshall gibbons ogden wheat laws whose authority acknowledged civilized man throughout world found wherever civilization exists therefore right granted people constitution government established found existence obligation part afford protection direct power granted congress remains according ruling gibbons ogden id subject state jurisdiction existing rights committed people protection congress came within general scope authority granted national government first amendment constitution prohibits congress abridging right people assemble petition government redress grievances like amendments proposed adopted time intended limit powers state governments respect citizens operate upon national government alone barron city baltimore pet lessee livingston moore id fox ohio smith maryland id withers buckley id pervear commonwealth wall twitchell commonwealth id edwards elliott id late question correctness construction said late chief justice twitchell commonwealth wall scope application amendments longer subjects discussion left authority found added nothing already existing powers particular amendment consideration assumes existence right people assemble lawful purposes protects encroachment congress right created amendment neither continuance guaranteed except congressional interference protection enjoyment therefore people must look power purpose originally placed never surrendered right people peaceably assemble purpose petitioning congress redress grievances thing else connected powers duties national government attribute national citizenship protection guaranteed idea government republican form implies right part citizens meet peaceably consultation respect public affairs petition redress grievances alleged counts object defendants prevent meeting purpose case within statute within scope sovereignty however case offence stated indictment made shown object conspiracy prevent meeting lawful purpose whatever second tenth counts equally defective right specified arms lawful purpose right granted constitution neither manner dependent upon instrument existence second amendment declares shall infringed seen means shall infringed congress one amendments effect restrict powers national government leaving people look protection violation rights recognizes called city new york miln pet relate merely municipal legislation perhaps properly called internal police surrendered restrained constituton third eleventh counts even objectionable charge intent deprive citizens named louisiana respective several lives liberty person without due process law nothing else alleging conspiracy falsely imprison murder citizens within territorial jurisdiction state louisiana rights life personal liberty natural rights man secure rights says declaration independence instituted among men deriving powers consent governed highest duty entered union constitution protect persons within boundaries enjoyment rights endowed creator sovereignty purpose rests alone duty within power punish conspiracy falsely imprison murder within state punish false imprisonment murder fourteenth amendment prohibits state depriving person life liberty property without due process law adds nothing rights one citizen another simply furnishes additional guaranty encroachment upon fundamental rights belong every citizen member society said justice johnson bank columbia okely wheat secures individual arbitrary exercise powers government unrestrained established principles private rights distributive justice counts indictment call exercise powers conferred provision amendment fourth twelfth counts charge intent prevent hinder citizens named african descent persons color free exercise enjoyment several right privilege full equal benefit laws proceedings time enacted ordained said state louisiana time force said state district louisiana aforesaid security respective persons property time enjoyed within said state district louisiana white persons citizens said state louisiana protection persons property said white citizens allegation done race color persons conspired stripped verbiage case presented amounts nothing defendants conspired prevent certain citizens within state louisiana enjoying equal protection laws state fourteenth amendment prohibits state denying person within jurisdiction equal protection laws provision one precedes considered add thing rights one citizen constitution another equality rights citizens principle republicanism every republican government duty bound protect citizens enjoyment principle within power duty originally assumed still remains obligation resting upon see deny right amendment guarantees power national government limited enforcement guaranty question arises civil rights act april stat intended protection citizens enjoyment certain rights without discrimination account race color previous condition servitude already stated nowhere alleged counts wrong contemplated rights citizens account race color another objection made counts vague uncertain considered hereafter connection objection counts sixth fourteenth counts state intent defendants hinder prevent citizens named african descent colored free exercise enjoyment several respective right privilege vote election thereafter law held people said state louisiana people parish grant aforesaid minor happersett wall decided constitution conferred right suffrage upon one voters creation reese et supra hold fifteenth amendment invested citizens new constitutional right exemption discrimination exercise elective franchise account race color previous condition servitude appears right suffrage necessary attribute national citizenship exemption discrimination exercise right account race right vote comes right exemption prohibited discrimination comes first granted secured constitution lat inasmuch therefore appear counts intent defendants prevent parties exercising right vote account race appear intent interfere right granted secured constitution laws may suspect race cause hostility averred material description substance offence supplied implication every thing essential must charged positively inferentially defect form substance seventh fifteenth counts better sixth fourteenth intent charged put parties named great fear bodily harm injure oppress things qualified voted election time held according law people said state louisiana said state wit fourth day november divers elections people state also time held according law nothing show elections voted state elections conspiracy formed account race parties conspirators act charge made really nothing conspiracy commit breach peace within state certainly claimed power required mere police duly state protect domestic violence may upon call executive legislature convened lend assistance purpose guaranty constitution art sect applies case like therefore opinion first second third fourth sixth seventh ninth tenth eleventh twelfth fourteenth fifteenth counts contain charges criminal nature made indictable laws consequently good sufficient law show intent defendants conspiracy hinder prevent enjoyment right granted secured constitution come consider fifth thirteenth eighth sixteenth counts may brought together purpose intent charged fifth thirteenth hinder prevent parties respective free exercise enjoyment rights privileges immunities protection granted secured respectively citizens citizens said state louisiana reason citizens said state persons african descent race persons color white citizens thereof eighth sixteenth hinder prevent several respective free exercise enjoyment every singular several rights privileges granted secured constitution laws general statement rights interfered found fifth thirteenth counts according view take counts question whether enough general describe statutory offence language statute whether offence described statute provides punishment conspire injure oppress threaten intimidate citizen intent prevent hinder free exercise enjoyment right privilege granted secured constitution laws counts indictment charge substance intent case hinder prevent citizens free exercise enjoyment singular rights granted constitution specification particular right language broad enough cover criminal cases prosecuted laws accused constitutional right informed nature cause accusation amend vi mills pet construed mean indictment must set forth offence clearness necessary certainty apprise accused crime stands charged cook wall ingredient offence composed must accurately clearly alleged elementary principle criminal pleading definition offence whether common law statute generic terms sufficient indictment shall charge offence generic terms definition must state species must descend particulars arch cr pr object indictment first furnish accused description charge enable make defence avail conviction acquittal protection prosecution cause second inform facts alleged may decide whether sufficient law support conviction one facts stated conclusions law alone crime made acts intent must set forth indictment reasonable particularity time place circumstances crime steal goods chattels indictment bad specify degree certainty articles stolen accused must advised essential particulars charge must able decide whether property taken subject larceny crime two persons conspire cheat defraud another property held indictment offence must contain allegations setting forth means proposed used accomplish purpose make purpose criminal conspiracy must cheat defraud mode made criminal statute cheating defrauding made criminal necessary indictment state means proposed order may see fact illegal state parker state keach alderman people state roberts maine offence two conspire intent unlawfully wickedly commit crime punishable imprisonment state prison state roberts think hardly claimed indictment good statute charges object conspiracy wickedly commit every singular crimes punishable imprisonment state prison crimes punishable whether particular crime one question law accused therefore right specification charge respect order may decide whether present defence motion quash demurrer plea may determine whether facts sustain indictment crime made consist unlawful combination intent prevent enjoyment right granted secured constitution rights granted secured whether one question law decided prosecutor therefore indictment state particulars inform well accused must made say appears indictment without going acts charged proved support conviction offence alleged needless pursue argument conclusion irresistible counts vague general lack certainty precision required established rules criminal pleading follows good sufficient law defective judgment conviction pronounced upon order circuit arresting judgment upon verdict therefore affirmed cause remanded instructions discharge defendants justice clifford dissenting concur judgment case arrested reasons quite different given power vested congress enforce appropriate legislation prohibition contained fourteenth amendment constitution fifth section enforcement act provides effect persons prevent hinder control intimidate attempt prevent hinder control intimidate person right suffrage secured guaranteed amendment exercising exercising right means bribery threats depriving person employment occupation ejecting person rented house lands property threats refusing renew leases contracts labor threats violence family person offending shall deemed guilty misdemeanor conviction thereof shall fined imprisoned therein provided stat provision also made sect act two persons shall band conspire together go disguise upon public highway upon premises another intent violate provision act injure oppress threaten intimidate citizen intent prevent hinder free exercise enjoyment right privilege granted secured constitution laws exercised persons shall deemed guilty felony conviction thereof shall fined imprisoned punished therein provided one hundred persons jointly indicted april term circuit district louisiana charged offences violation provisions enforcement act record appears indictment contained counts two series sixteen counts first series drawn fifth sixth sections act second series drawn seventh section act latter series charged prisoners guilty murder committed act violating provisions two preceding sections act eight persons named indictment appeared june went trial plea guilty previously entered time arraignment three went wit three defendants named found guilty jury first series counts indictment guilty second series counts indictment subsequently convicted defendants filed motion new trial motion overruled filed motion arrest judgment hearing upon motion opinions judges circuit opposed matter difference duly certified question whether motion arrest judgment granted denied two causes arrest assigned motion considered answering questions certified matters things set forth charged several counts question constitute offences laws come within purview true intent meaning enforcement act several counts indictment question vague insufficient uncertain afford accused proper notice plead prepare defence set forth offence defined enforcement act four causes arrest assigned view taken case sufficient examine two causes set forth since questions certified parties fully heard respect questions presented decision transcript questions pressed argument considered inasmuch counsel behalf confined arguments entirely thirteenth fourteenth sixteenth counts first series indictment answers may well limited counts others virtually abandoned mere introductory allegations omitted unimportant reason questions answered relate allegations respective counts describing offence described thirteenth count charge defendants time place mentioned combine conspire confederated together among unlawful felonious intent purpose one levi nelson one alexander tillman citizen african descent person color unlawfully feloniously injure oppress threaten intimidate unlawful felonious intent thereby said persons color respectively hinder prevent respective several free exercise enjoyment rights privileges immunities protection granted secured respectively citizens citizens state reason race color said persons color citizens state persons african descent race persons color white citizens thereof right privilege granted secured said persons color respectively common good citizens federal constitution laws congress matters law conceded opinion may assumed correct without argument discussion necessary show every ingredient offence composed must accurately clearly alleged indictment indictment bad may quashed motion judgment may arrested sentence reversed writ error cook wall offences created statute well offences common law must accurately clearly described indictment offence described without expanding allegations beyond mere words statute clear allegations indictment must expanded extent universally true indictment sufficient accurately clearly allege ingredients offence composed bring accused within true intent meaning statute defining offence authorities great weight besides referred dissenting opinion read may found support proposition east dord people barb ike state miss state eldridge eng every offence consists certain acts done omitted certain circumstances indictment offence sufficient charge accused generally committed offence circumstances constituting offence must specially set forth arch cr persons born naturalized subject jurisdiction thereof citizens thereof fourteenth amendment also provides state shall make enforce law shall abridge privileges immunities citizens congress may doubtless prohibit violation provision may provide person convicted violating shall guilty offence subject reasonable punishment congress may prescribe conspiracies kind described introductory clause sixth section enforcement act explicitly forbidden subsequent clauses section may indictment conspiracy common law pending tribunal jurisdiction offences indictment present form might sufficient even though contains definite allegation whatever particular overt act committed defendants pursuance alleged conspiracy decided cases may doubtless found held indictment conspiracy common law may sustained unlawful agreement two persons unlawful act lawful act unlawful means authorities may referred support proposition indictment conspiracy well pleaded sufficient even though alleged overt act done pursuance unlawful combination suffice say however authorities effect opposed another class authorities equally respectable even numerous decide indictment bad unless alleged overt act committed pursuance intent purpose alleged conspiracy latter class cases held overt act well unlawful combination must clearly accurately alleged two reasons conclusive nature however may assigned show beyond doubt necessary enter inquiry class decisions correct common law source jurisdiction circuit courts federal circuit courts jurisdiction offences grade description equally clear appellate jurisdiction extend case question case within jurisdiction subordinate federal courts state wheeling bridge hudson et cranch conceded offence described indictment offence created defined act congress indictments offences created defined statute must cases follow words statute departure rule indictment general sufficient except cases statute elliptical necessary implication constituents component parts offence words statute defining offence compound signification enlarged immediately precedes follows words describing offence connection cases kind arise dissenting opinion reese et supra held words offer pay capitation tax expanded succeeding clause sentence word necessarily included readiness perform offered provision offer equivalent actual performance offer failed carried execution wrongful act omission party offer made two offences fact created defined sixth section enforcement act consist conspiracy intent perpetrate forbidden act alike respect conspiracy differ widely respect act embraced prohibition persons two forbidden band conspire together go disguise upon public highway premises another intent violate provision enforcement act act sections much discussion clause certainly unnecessary one counts consideration founded contains allegations describing offence conspiracy intent injure oppress threaten intimidate person also forbidden succeeding clause section done intent prevent hinder free exercise enjoyment right privilege granted secured constitution laws exercised sufficient appears thirteenth count warrant conclusion grand jury intended charge defendants second offence created defined sixth section enforcement act indefinite vague description offence defined obvious greatly described allegations thirteenth count act congress prohibition extended right privilege granted secured constitution laws congress leaving pleader specify particular right privilege invaded order give accusation certainty rules criminal pleading everywhere require indictment pleader case overlooking necessity specification making attempt comply rules criminal pleading regard describes supposed offence terms much vague indefinite employed act congress instead specifying particular right privilege invaded pleader proceeds allege defendants others named indictment combine conspire confederate together unlawful intent purpose said persons african descent persons color injure oppress threaten intimidate thereby hinder prevent free exercise enjoyment rights privileges immunities protection granted secured citizens citizens state without specification rights privileges immunities protection violated invaded threatened except follows wit right privilege granted secured common good citizens constitution laws vague indefinite allegations kind sufficient inform accused criminal prosecution nature cause accusation within meaning sixth amendment constitution valuable rights privileges almost without number granted secured citizens constitution laws congress none may impunity invaded violation prohibition contained section congress intended provision protect citizens enjoyment rights privileges affording protection mode provided congress never intended open door invasion rule requiring certainty criminal pleading ages regarded one great safeguards citizen oppressive groundless prosecutions judge story says indictment must charge time place nature circumstances offence clearness certainty party may full notice charge able make defence reasonable knowledge ability story sect nothing need added show fourteenth count founded upon clause sixth section enforcement act thirteenth count supersede necessity extended remarks explain nature character offence created defined enough already remarked show particular clause section passed protect citizens free exercise enjoyment every right privilege granted secured constitution laws congress provide punishment band conspire together manner described injure oppress intimidate citizen prevent hinder free exercise enjoyment rights privileges exercised right privilege granted secured charged fourteenth count defendants combine conspire confederate said citizens african descent persons color injure oppress threaten intimidate intent said citizens thereby prevent hinder free exercise enjoyment right privilege vote election thereafter held according law people state people parish defendants well knowing said citizens lawfully qualified vote election thereafter held confessedly defects existing preceding count avoided count question example description particular right privilege said citizens intent defendants invade clearly alleged difficulty count allege purpose election elections ordered elections held alleged upon subject intent defendants prevent hinder said citizens african descent persons color free exercise enjoyment right privilege vote election thereafter held according law people state people parish without allegation whatever purpose election allegation time place election held elections thereafter held must mean something different pending elections whether pleader means charge intent purpose alleged conspiracy extended next succeeding elections held state parish future elections held state parish lifetime parties may admit serious question easily solved thing contained allegations count reasonable certainty agree required criminal pleading must conceded think allegation question fails comply requirement accused persons matter common justice charge set forth terms may readily understand nature character accusation order arraigned may know answer make may embarrassed conducting defence charge also laid terms party accused put trial verdict judgment may pleaded bar second accusation offence tested considerations quite clear fourteenth count sufficient warrant conviction sentence accused defects imperfections kind pointed thirteenth count also exist sixteenth count decided character latter count former conclusive proof appear brief examination material allegations charge defendants suffice say without entering details introductory allegations count respects thirteenth fourteenth counts none introductory allegations allege overt act perpetrated pursuance alleged conspiracy jurors proceed present unlawful felonious intent purpose defendants prevent hinder said citizens african descent persons color means therein described free exercise enjoyment every singular several rights privileges granted secured constitution laws common good citizens without attempt describe designate particular right privilege purpose intent defendants invade abridge deny descriptive allegations criminal pleading required reasonably definite certain necessary safeguard accused surprise misconception error conducting defence order judgment case may bar second accusation charge considerations kind entitled respect obvious description ingredient offence created defined act congress held sufficient indictment must become snare accused scarcely possible allegation framed less certain variance universal rule every ingredient offence must clearly accurately described bring defendant within true intent meaning provision defining offence vague indefinite description material ingredient offence compliance rules pleading framing indictment contrary indictment insufficient must held bad demurrer arrest judgment certain causes arresting judgment assigned record deny constitutionality enforcement act come conclusion indictment insufficient necessary consider question