quarles argued decided may two motions leave file petitions writs habeas corpus samuel dunlop marshal northern district georgia first motion behalf john quarles david butler case follows march term circuit district indictment returned petitioners several persons fourth count alleged within district april defendants conspired injure oppress threaten intimidate one henry worley citizen free exercise enjoyment right privilege secured constitution laws exercised said henry worley march reported informed william duncan deputy marshal said northern district georgia george terry day within district internal revenue laws carrying business distiller without given bond required law conspiracy hereinbefore charged formed defendants purpose injuring oppressing threatening intimidating sai henry worley exercised said right privilege secured aforesaid reporting informing said william duncan deputy marshal aforesaid violation internal revenue laws aforesaid said george terry furtherance said conspiracy formed aforesaid purpose aforesaid effect object thereof defendants april within district nighttime disguise went worley house took house beat bruised otherwise illtreated shot guns pistols intent kill murder reported said duncan deputy marshal aforesaid said terry violated revenue laws aforesaid form statute case made provided peace dignity america first second third counts indictment like fourth except persons information given defendants demurred four counts right privilege alleged right privilege citizen one secured constitution laws right privilege secured citizens citizens set said count offense charged said count courts take cognizance demurrer overruled defendants pleaded guilty tried convicted jury moved arrest judgment following reasons said indictment allegation william duncan officer charged enforcement internal revenue laws allegation said william duncan authorized take information upon subject employ persons service allegation henry worley service employment official deputy marshal charged indictment right privilege secured constitution laws within meaning sections revised statutes set indictment crime offense charged said bill indictment courts jurisdiction motion arrest judgment overruled defendants sentenced imprisonment penitentiary term five years second case upon motion behalf james mcentire john goble similar first except proceedings taken upon indictment overruling demurrer upon filing motions solicitor general suggested reasons exercising jurisdiction form prisoners jail poor pay expenses writs error important settle soon possible question whether prosecuted courts state joined counsel requesting allow petitions filed pass upon merits questions involved chief justice fuller dissenting glenn petitioners sol conrad opposed justice gray stating facts delivered opinion cases governed principles declared affirmed logan sup earlier decisions reviewed result may summed follows nation whose powers government legislative executive judicial within sphere action confided constitution paramount every right created arising dependent upon constitution may protected enforced means manner congress exercise correlative duty protection legislative powers conferred upon constitution may discretion deem eligible best adapted attain object logan sup section revised statutes provides punishment conspiracies injure oppress threaten intimidate citizen free exercise enjoyment right privilege secured constitution laws exercised among rights privileges recognized secured citizens constitution right petition congress redress grievances cruikshank right vote presidential electors members congress ex parte yarbrough sup right every judicial executive officer person engaged service kept custody course administration justice protected lawless violence peace neagle sup logan cited duty right every peace officer every citizen assist prosecuting securing punishment breach peace right well duty every citizen called upon proper officer act part posse comitatus upholding laws country likewise right duty communicate executive officers information commission offense laws information given private citizen privileged fidential communication action libel slander lie disclosure compelled without assent government vogel gruaz sup moses fed cas worthington scribner mass right citizen informing violation law like right prisoner custody upon charge violation protected lawless violence depend upon amendments constitution arises creation establishment constitution national government paramount within sphere action logan sup within concise definition chief justice earlier case immunities arising nature essential character national government granted secured constitution kemmler sup right private citizen assists putting motion course justice right officers concerned administration justice stand upon ground rights citizens voting officers elected justice miller speaking ex parte yarbrough cited said power either case arises circumstance function party engaged right exercise dependent laws cases duty government see may exercise right freely protect violence account duty ise solely interest party concerned necessity government service shall free adverse influence force fraud practiced agents votes members congress president elected shall free votes electors officers thus chosen free uncorrupted choice right take part choice sup leave several prosecution ment conspiracies oppress citizens performing duty exercising right assisting uphold enforce laws tend defeat independence supremacy national government said chief justice marshall mcculloch maryland often repeated trace found constitution intention create dependence government union execution great powers assigned means adequate ends means alone expected rely accomplishment ends impose necessity resorting means control another government may furnish withhold render course precarious result measures uncertain create dependence governments might disappoint important designs incompatible language constitution wheat suggestions made circuit renewed official deputy marshal marshal deputies nothing enforcing internal revenue laws sufficiently answered referring statutes revised statutes provide every marshal may appoint one deputies removable office district judge circuit take like oath marshal faithful performance whose duties marshal responsible upon official bond rev act march chapter marshal deputy marshal may arrest person found within district act operating illegal distillery take judicial officer stat necessary conclusion right every private citizen inform marshal deputy violation internal revenue laws right secured citizen constitution conspiracy injure oppress threaten intimidate free exercise enjoyment right exercised punishable section revised statutes according agreement counsel order judgment may appear regular form upon records leave given file petitions reasons stated writs habeas corpus denied chief justice fuller dissented