ku klux cases argued decided march henry tompkins petitioners sol phillips respondent miller case originates application writ habeas corpus part jasper yarbrough seven persons allege confined jailer fulton county custody marshal northern district georgia trial conviction sentence circuit district held illegal null void filing petition issued rule marshal person whose custody prisoners might found show cause writ habeas corpus issue release appears returns made rule sentence ordered imprisonment albany penitentiary state new york hard labor term two years far executed prison rule served john mcewan superintendent penitentiary makes return holds prisoners virtue sentence circuit northern district georgia annexes return transcript proceeding return precisely superintendent make writ habeas corpus served determine right prisoners released rule show cause correctly convenience administration justice prisoners present writ custody superintendent practice general authority review error appeal judgments circuit courts cases within criminal jurisdiction beyond question equally well settled prisoner held sentence regard matter wholly beyond without jurisdiction within authority duty inquire cause commitment matter properly brought attention found charged matter jurisdiction discharge prisoner confinement ex parte kearney wheat ex parte wells ex parte lange wall ex parte parks however carefully observed latter principle authorize convert writ habeas corpus writ error errors law committed passed sentence reviewed jurisdiction party offense tried exceeded powers sentence pronounced inquire principle disposes argument made us insufficiency indictments prisoners case tried whether indictment sets forth comprehensive terms offense statute describes forbids prescribes punishment every case question law must necessarily decided case originates therefore clearly within jurisdiction decision conformity indictment provisions statute may erroneous error law made acting within jurisdiction corrected writ error writ allowed looked writ habeas corpus limited inquiry existence jurisdiction part principle decided ex parte watkins pet ex parte parks however leaves consideration important one mainly relied counsel law congress found revised statutes prisoners held warranted constitution without warrant null void law defines offense prescribes punishment void without jurisdiction prisoners must discharged though several different sections revised statutes brought discussion foundation indictments found record think two demand attention namely sections following language two persons conspire injure oppress threaten intimidate citizen free exercise enjoyment right privilege secured constitution laws exercised two persons go disguise highway premises another intent prevent hinder free exercise enjoyment right privilege secured shall fined five thousand dollars imprisoned ten years shall moreover thereafter ineligible office place honor profit trust created constitution laws two persons state territory conspire prevent force intimidation threat citizen lawfully entitled vote giving support advocacy legal manner towards favor election lawfully qualified person elector president member congress injure citizen person property account support advocacy persons shall punished fine less five hundred five thousand dollars imprisonment without hard labor less six months six years fine imprisonment indictments four number petitioners tried charge one defendants conspiracy sections directed different person indictment trial cases consolidated indictment identical language others except name person assaulted date transaction copy presented answer grand jurors chosen selected sworn northern district georgia upon oaths present heretofore day july year lord one thousand eight hundred jasper yarbrough james yarbrough dilmus yarbrough neal yarbrough lovel streetman bold emory state lemmons jake hayes green late said northern district georgia within said northern district georgia within jurisdiction commit offense conspiracy said jasper yarbrough james yarbrough dilmus yarbrough neal brough lovel streetman bold emory state lemmons jake hayes green time place aforesaid combine conspire confederate together force injure oppress threaten intimitate berry saunders person color citizen america african descent account race color previous condition servitude full exercise enjoyment right privilege suffrage election lawfully qualified person member congress america said berry saunders exercised account exercise said right privilege suffrage secured said berrysaunders constitution laws america said berry saunders lawfully entitled vote said election conspired said jasper yarbrough james yarbrough dilmus yarbrough neal yarbrough lovel streetman bold emory state lemmons jake hayes green unlawfully feloniously willfully beat bruise wound maltreat said berry saunders contrary form statute case made provided peace dignity america count jurors aforesaid upon oaths aforesaid present heretofore day january year lord one thousand eight hundred jasper yarbrough james yarbrough dilmus yarbrough neal yarbrough lovel streetman bold emory state lemmons jake hayes green late said northern district georgia within said northern district georgia within jurisdiction commit offense conspiracy said jasper yarbrough james yarbrough dilmus yarbrough neal yarbrough lovel streetman bold emory state lemmons jake hayes green conspired together force injure oppress threaten intimidate berry saunders person color citizen america african descent account race color previous condition servitude unlawfully willfully feloniously go disguise highway premises berry saunders intent prevent hinder free exercise ment right vote election lawfully qualified person member congress america said right guarantied said berry saunders constitution laws america said berry saunders lawfully qualified vote said election conspired intent aforesaid said jasper yarbrough james yarbrough dilmus yarbrough neal yarbrough lovel streetman bold emory state lemmons jake hayes green beat bruise wound maltreat said berry saunders contrary form statute case made provided peace dignity america speer atty true bill october kirkpatrick foreman stripped technical verbiage offense charged indictment defendants conspired intimidate berry saunders citizen african descent exercise right vote member congress execution conspiracy beat bruised wounded otherwise maltreated second count account race color previous condition servitude going disguise assaulting public highway premises question concluded already seen decision circuit entertain doubt conspiracy described one embraced within provisions revised statutes cited government whose essential character republican whose executive head legislative body elective whose numerous powerful branch legislature elected people directly power appropriate laws secure election influence violence corruption fraud proposition startling arrest attention demand gravest consideration government anything mere aggregation delegated agents governments superior general government must power protect elections existence depends violence corruption power left helpless two great natural historical enemies republics open violence insidious corruption proposition power supported old argument often heard often repeated never assented question power congress arises advocate power must able place finger words expressly grant brief counsel us though directed authority body pass criminal laws uses language express power provide preventing violence exercised voter means controlling vote law enacted destroys one blow construing constitution doctrine universally applied instruments writing implied much part instrument expressed principle application constitution almost writing necessity reason inherent inability put words derivative powers difficulty instrument recognizes conferring congress authority pass laws necessary proper carry execution powers expressly granted powers vested government branch constitution article cl know express authority pass laws punish theft burglary treasury therefore power congress protect treasury punishing theft burglary mails money carried left mercy robbers thieves may handle mail constitution contains express words power congress enact laws punishment offenses principle sound abolish entire criminal jurisdiction courts laws confer jurisdiction said pass necessary law subject necessity exists action congress existence state laws punishing counterfeiting coin never held supersede acts congress passed purpose justify failing enforce laws protect circulation coin issues true congress early day passed criminal laws punish piracy death punishing ordinary offenses person property committed within district columbia forts arsenals places within exclusive jurisdiction slow pass laws protecting officers government personal injuries inflicted discharge official duties within want power occasion arisen required legislation remedies state courts personal violence proved sufficient perhaps earliest attempt congress protect government officers exercise duty hostile community grew nullification ordinance south carolina found provide collection duties imports act gave right action courts officer engaged collection customs receive injury person property account act done law protection revenues suit prosecution commenced state account act done revenue laws color thereof case might petition time trial removed circuit act march large early late civil war enforcement acts congress obtaining soldiers draft brought officers engaged hostile neighborhoods found necessary pass laws protection accordingly act passed making criminal offense assault struct officer engaged making draft service relation thereto next year act amended making applicable enrollment resistance made thereto adding assault officer person engaged making enrollment shall result death shall murder punished accordingly statute scott found guilty murder circuit district indiana case brought certificate division opinion doubted moment counsel congress power pass statutes held serving notice draft man killed service enrollment charged indictment scott wall case gleason woolw id defendant convicted sentneced death murder enrolling officer engaged making enrollment sentence commuted imprisonment life died iowa penitentiary undergoing modified sentence never suggested congress power pass law convicted also congress slow exercise powers expressly conferred upon relation elections fourth section first article constitution section declares times places manner holding elections senators representatives shall prescribed state legislature thereof congress may time make alter regulations except place choosing senators congress took action power conferred conceiving system electing members house representatives state general ticket called every elector voting many names state entitled representatives house worked injustice adopt system gave undue preponderance power political party majority votes state however small enacted member elected separate district composed contiguous territory remedy one evil arising election members congress occurring different times different congress act february years later required elections members held tuesday first monday november day every second year thereafter frequent failures legislatures elect senators proper time one branch legislature voting one person branch another person refusing manner reconcile differences led congress pass act compelled two bodies meet joint convention fixing day done requiring meet every day thereafter vote senator one elected like manner congress fixed day electors president shall appointed day fixed electing members congress established congress without regard time set election state officers state fact state legislatures accommodation required state elections held time elections held congressmen alone time fixed act congress denied power body provide laws proper conduct elections provide necessary officers shall conduct make return result especially provide election held authority security life limb voter exercise function doubted congress law protect act voting place done man votes personal violence intimidation election corruption fraud doubted powers annulled election state officers held time place less important election members congress free choice electors state officers elected time ex parte siebold questions answer congress long habit long years forbearance deference respect refrained exercise powers doubted pursuance new demand action body cases enumerated finds necessary make additional laws free pure safe exercise right voting stand upon ground upheld reasons siad parties assaulted cases officers protection exercising right vote congress stand ground distinction well taken power either case arises circumstance function party engaged right exercise dependent laws cases duty government see may exercise right freely protect violence account duty arise 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 proposition answers also another objection constitutionality laws consideration namely right vote member congress dependent upon constitution laws governed law state respectively conceded importance general government actual voting force fraud diminished circumstance qualification voter determined law state votes equally affects government indispensable proper discharge great function legislating government control legislation shall owe election bribery violence whether class persons shall vote determined law state laws result correct say right vote member congress depend constitution office properly called office created constitution alone also declares shall filled namely election language house representatives shall composed members chosen every second year people several electors state shall qualifications requisite electors numerous branch state legislature article prescribing qualifications voters numerous branch legislatures reference election members congress prescribe qualification voters eo nomine define vote popular branch legislature constitution says persons shall vote members congress state adopts qualification thus furnished qualification electors members congress true therefore electors members congress owe right vote state law sense makes exercise right depend exclusively law state counsel petitioners seizing upon expression found opinion case minor happersett wall constitution confer right suffrage upon one without reference connection used insists voters case owe right vote sense instrument combating argument right conferred citizens therefore upon women well men opposition idea said constitution adopts qualification voters members congress prevails state voting done therefore said opinion right definitely conferred person class persons constitution alone look law state description class intend say class person thus ascertained right vote member congress fundamentally based upon constitution created office member congress declared elective pointed means ascertaining electors fifteenth amendment constitution limitation power exercise right prescribe qualifications voters elections limitation power subject clearly shows right suffrage considered importance national government intended left within exclusive control following language right citizens vote shall denied abridged state account race color previous condition servitude congress shall power enforce article appropriate legislation quite true said reese article gives affirmative right colored man vote designed primarily prevent discrimination whenever right vote may granted others easy see circumstances may operate immediate source right vote cases former removed constitutions words man qualification voting provision effect confer right vote paramount state law part state law annulled discriminating word thus left enjoyment right white persons effect future constitutional provision state give right voting exclusively white people whether men women neal delaware cases fifteenth article amendment proprio vigore substantially confer negro right vote congress power protect enforce right case reese much relied counsel said regard fifteenth amendment invested citizens new constitutional right within protecting power congress right exemption discrimination exercise elective franchise account race color previous condition servitude new constitutional right mainly designed citizens african descent principle however protection exercise right within power congress necessary right citizens vote colored citizen right vote general right protected discrimination exercise right instances guarantied constitution kept free pure congressional enactments whenever necessary reference cases power congress first section fourteenth ment held relate alone acts done state authority afford petitioners aid present case may true acts mere invasions private rights acts sanction statutes state committed one exercising authority within scope amendment quite different matter congress undertakes protect citizen exercise rights conferred constitution essential healthy organization government waste time seek specific sources power pass laws chancellor kent opening words part commentaries treats government constitutional jurisprudence says government created free voice joint people american common defense general welfare powers apply great interests relate country national capacity depend protection consolidation union clothed principal attributes political sovereignty justly deemed guardian best rights source highest civil political duties sure means national greatness kent comm essential successful working government great organisms executive legislative branches free choice people original form absolute governments monarch source power still held important exercise power shall free influence extraneous violence internal corruption republican government like political power reposed representatives entire body people chosen short intervals popular elections temptations control elections violence corruption constant source danger history republics though comparatively free evils past lover country shut eyes fear future danger sources recurrence acts prisoners stand convicted common one quarter country give omen danger lawless violence free use money elections arising vast growth recent wealth quarters presents equal cause anxiety government within constitutional domain authority provide evils sources power may poisoned corruption controlled violence outrage without legal restraint indeed country danger best powers highest purposes hopes inspires love enshrines mercy combinations respect right brute force one hand unprincipled corruptionists rule show cause case discharged writ habeas corpus denied