price argued november decided march appellees three mississippi law enforcement officials private individuals alleged conspired deprive three individuals rights fourteenth amendment alleged conspiracy involved releasing victims jail night intercepting assaulting killing disposing bodies purpose punish victims summarily two indictments returned one charged appellees conspiracy violate makes misdemeanor willfully color law subject person deprivation rights secured protected constitution indictment also charged appellees substantive violations district sustained conspiracy count motion dismiss sustained substantive counts three official defendants dismissed substantive counts private defendants ground although indictment alleged acted color law allege acting officers state dismissal direct appeal indictment charged appellees conspiracy violation making felony conspire interfere citizen free exercise enjoyment right secured protected constitution laws district dismissed indictment appellees ground include rights protected fourteenth amendment dismissal direct appeal held district erred dismissing indictment insofar charged private defendants substantive violations pp act color law require accused officer state enough willful participant joint activity state agents pp dismissal indictment private persons resulted district erroneous construction color law requirement making statute inapplicable nonofficials upon construction indictment pleading hence dismissal reviewable direct appeal pp section includes within protection rights secured protected fourteenth amendment district accordingly erred dismissing indictment pp district incorrectly assumed williams authoritatively determined inapplicability deprivations fourteenth amendment rights justices reached issue williams divided equally question case thus left proper construction regards applicability protect fourteenth amendment rights open question pp doubt indictment sets forth conspiracy within ambit fourteenth amendment like indictment alleges defendants acted color law conspiracy included action state law enforcement officers punish alleged victims without due process law violation fourteenth amendment direct admonition pp wording suggests limitation coverage exclude fourteenth amendment rights language plain unlimited ts language embraces rights privileges secured citizens constitution laws legislative history supports view intended encompass fourteenth amendment rights within protection pp solicitor general marshall argued cause brief assistant attorney general doar louis claiborne gerald choppin mike watkins argued cause appellees brief dennis goldman laurel weir herman alford justice fortas delivered opinion direct appeals dismissal part two indictments returned grand jury southern district mississippi indictments allege assaults accused persons upon rights asserted victims due process law fourteenth amendment indictment charges persons violations persons charged offenses based upon among civil rights statutes come us reconstruction days period history also produced thirteenth fourteenth fifteenth amendments constitution sole question presented appeals whether specified statutes make criminal conduct individuals indicted issue construction constitutional power doubt power congress enforce appropriate criminal sanction every right guaranteed due process clause fourteenth amendment williams events upon charges based alleged indictments follows june cecil ray price deputy sheriff neshoba county mississippi detained michael henry schwerner james earl chaney andrew goodman neshoba county jail located philadelphia mississippi released dark night proceeded automobile highway intercept erstwhile wards removed three men automobile placed official automobile neshoba county sheriff office transported place unpaved road acts alleged part plan conspiracy whereby three men intercepted defendants including deputy sheriff price sheriff rainey patrolman willis philadelphia mississippi police department purpose intent release custody interception according charge punish three men defendants alleged wilfully assault shoot kill three charge continues bodies three victims transported one defendants rendezvous unpaved road vicinity construction site earthen dam approximately five miles southwest philadelphia mississippi federal state indictments charge crimes alleged assaults murders indictments framed fit stated federal statutes question us whether attempt draftsman grand jury mississippi successful whether indictments charge offenses various defendants may prosecuted designated federal statutes shall deal first indictment based criminal code indictment ease exposition enacted congress four years prior section enacted indictment contains four counts names defendants three officials nonofficial persons first count charges basis allegations substantially set forth defendants conspired wilfully subject schwerner chaney goodman deprivation right privilege immunity secured protected fourteenth amendment constitution summarily punished without due process law persons acting color laws state mississippi said constitute conspiracy violate therefore offense latter section general conspiracy statute makes crime conspire commit offense penalty violation direct violation misdemeanor motion dismiss district sustained first count defendants sheriff deputy sheriff patrolman recognized clearly alleged acting color law required private persons district held immaterial conspiracy private individuals acting color law count charges conspiring persons acting see rabinowich necessarily satisfied indictment alleging arrest detention release interception killing schwerner chaney goodman adequately stated purpose conspiracy violation section violated wilfully subject ing victims deprivation right privilege immunity due process clause fourteenth amendment appeal taken defendants decision trial respect first count us adjudication second third fourth counts indictment charge defendants conspiracy substantive violations counts charges defendants acting color laws state mississippi wilfully assault shoot kill schwerner chaney goodman respectively purpose intent punishing three defendants thereby wilfully deprive rights privileges immunities secured protected constitution laws namely due process law district held counts indictment valid sheriff deputy sheriff patrolman dismissed nonofficial defendants counts charge latter officers fact de facto anything allegedly done color law note sustaining counts three officers necessarily concluded offense properly stated allegations willful deprivation color law life liberty without due process law agree result permissible decisions screws williams ii agree second third fourth counts may dismissed nonofficial defendants section applies person indicted acted color law private persons jointly engaged state officials prohibited action acting color law purposes statute act color law require accused officer state enough willful participant joint activity state agents present case according indictment brutal joint adventure made possible state detention calculated release prisoners officer state action clearly attributable state part monstrous design described indictment state officers participated every phase alleged venture release jail interception assault murder joint activity start finish took advantage participation state officers accomplishment foul purpose alleged must suffer consequences participation effect allegations true participants official lawlessness acting willful concert state officers hence color law appellees urge decision district based upon construction indictment effect charge private individuals acting color law consequently urge us affirm event submit since trial decision based inadequacy indictment construction statute jurisdiction review direct appeal swift agree count indictment specifically alleges defendants acting color laws state mississippi fault lies indictment district view statute requires offender official act official capacity jurisdiction consider statutory question direct appeal shown trial determination error since private individuals indictable principal acting color law need consider whether might held answer aider abettor ed despite omission include charge indictment accordingly reverse dismissal second third fourth counts indictment remand trial ii section conspiracy statute reads follows 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 imprisoned ten years recalled district held included denial fourteenth amendment rights right due process involved indictment include rights privileges secured constitution laws neither qualified limited includes presumably constitution laws reader two sections versed english language may seem bewildering two sections differently read district purported read statutes gloss williams case case squarely confronted point issue fact sustain dismissal indictment district incorrectly assumed hold inapplicable fourteenth amendment rights divided equally issue four justices opinion justice frankfurter view covers conduct interferes rights arising substantive powers federal government rights congress beyond doubt constitutionally secure interference private individuals four justices opinion justice douglas found support justice frankfurter view language section legislative history judicial interpretation time read statute plainly covering conspiracies injure others exercise fourteenth amendment rights see obstacle using punish deprivations rights dismissal indictment affirmed justice black voted joined justice frankfurter however entirely different reason prosecution barred res judicata expressed view issue whether applied vague uncertain scope consistent fifth amendment williams thus left proper construction regards applicability protect fourteenth amendment rights open question view detailed opinions williams supererogation track arguments intricacy basis extensive question conclude district erred must read written reach conspiracies injure citizen free exercise enjoyment right privilege secured constitution laws language includes rights privileges protected fourteenth amendment whatever ultimate coverage section may extends conspiracies otherwise within scope section participated officials alone collaboration private persons indictment properly charges conspiracy violation shall confine review major considerations induce conclusion doubt indictment sets forth conspiracy within ambit fourteenth amendment like indictment supra alleges defendants acted color law conspiracy included action state law enforcement officers punish alleged victims without due process law violation fourteenth amendment direct admonition indictment specifically alleges sheriff deputy sheriff patrolman participated conspiracy part plan purpose conspiracy deputy sheriff price three victims custody neshoba county jail release custody time others defendants intercept three victims threaten assault shoot kill allegation state action beyond dispute brings conspiracy within ambit fourteenth amendment allegation official state participation murder accomplished officers participation others allegation state without semblance due process law required fourteenth amendment used sovereign power office release victims jail charged tried required law instead intercepted killed fourteenth amendment forbids denial counsel clearly denounces denial trial consistently held fourteenth amendment protects individual state action wrongs done individuals williams opinion douglas present case participation law enforcement officers alleged indictment clearly state action discussed therefore within scope fourteenth amendment argument however justice frankfurter opinion williams upon district rests decision cuts beneath deny accused conduct within scope fourteenth amendment contends enacting congress intended include rights privileges conferred citizen reason substantive powers federal government reason federal power operating directly upon citizen merely means prohibitions state action appeals fifth circuit williams relied upon opinion put congress mind federal rights privileges appertain citizens general rights extended persons fourteenth amendment agree language plain unlimited discussed language embraces rights privileges secured citizens constitution laws indication language sweep section confined rights conferred flow federal government distinguished secured confirmed guaranteed constitution agree observation justice holmes mosley source section doings ku klux like obvious acts violence obviously mind congress naturally congress put forth powers section dealt federal rights federal rights protected lump construed deprive citizens general protection face reasonably affords section enacted part came known enforcement act stat act passed may months ratification fifteenth amendment addition new included provision civil rights act intended breadth emphasized contrast narrowness section forbade deprivation color law right secured protected act rights protected act narrow specific make enforce contracts sue parties give evidence full equal benefit laws proceedings security person property enjoyed white citizens subject like punishment pains penalties taxes licenses exactions every kind none act may stat minor changes act april stat much agitated criticism congress nation continued denial rights negroes sometimes accompanied violent assaults response demands stringent legislation congress enacted enforcement act congress explicitly limited described time included act using broad language cover rights enumerated rights privileges constitution laws statutory revision specific enumeration protected rights eliminated section broadened include wide range rights already rights privileges immunities secured protected constitution laws substantial change thus effected made customary stout assertions codifiers merely clarified reorganized without changing substance section left essentially unchanged neither revision subsequent slightest indication congressional intent narrow limit original broad scope clear therefore original enactment subsequent codifications intended deal justice holmes put conspiracies interfere federal rights federal rights find basis whatsoever judgment solomon give statute less words command purpose scope enactments must viewed events passions time civil war ended april relations negroes whites increasingly turbulent congress taken control entire governmental process former confederate declared governments unreconstructed illegal set federal military administrations place congress refused seat representatives adopted constitutions guaranteeing negro suffrage ratified fourteenth amendment constitutional conventions called six fulfilled congress requirements four years radical republicans dominated governments southern negroes played substantial political role countermeasures swift violent ku klux klan organized southern whites similar organization appeared romantic title knights white camellia wave murders assaults launched including assassinations designed keep negroes polls helpless despite resort extreme measures making legal hunt shoot disguised man within congress pressures mounted period end war drastic measures months ratification thirteenth amendment december congress april enacted civil rights act described included originally narrow form june fourteenth amendment proposed ratified july february fifteenth amendment proposed ratified february may enforcement act enacted context hardly conceivable congress intended apply narrow relatively unimportant category rights doubt purpose effect reach assaults upon rights entire constitution including thirteenth fourteenth fifteenth amendments merely part fully attested statement explanatory recorded congressional proceedings relative enactment refer speech senator pool north carolina introduced provisions amendment enforcement act senator remarks printed full appendix opinion urged section needed order punish invasions newly adopted fourteenth fifteenth amendments constitution acknowledged beyond reach punitive process legislation must therefore operate upon individuals made clear matters whether individuals officers whether acting upon responsibility find evidence whatever senator pool intended cover violations fourteenth amendment rights include state action actions state officials conclude therefore incumbent upon us read full credit language nothing prior decisions courts considered matter stands way conclusion present application statutes issue raise fundamental questions relationships concerned allegations squarely indisputably involve state action direct violation mandate fourteenth amendment state shall deprive person life liberty without due process law direct traditional concern federal government area federal interest existed least century federal participation intensified part renewed emphasis upon civil rights even recently williams decided federal role establishment vindication fundamental rights freedom travel nondiscriminatory access public areas educational facilities neither pervasive intense today today decision interpreting federal law accordance historical design punish denials state action constitutional rights person hardly regarded adversely affecting wise adjustment state responsibility national control williams opinion frankfurter event problem statutory constitutional ultimately beginning susceptible congressional disposition reversed remanded appendix opinion mr pool president question involved proposition senate one section union particularly interested although since ratification fifteenth amendment enforce appropriate legislation sections country become less interested question entering upon new phase reconstruction enforce appropriate legislation great principles upon reconstruction policy congress based said upon former occasion floor reconstruction policy congress progressive necessary progressive still mere act establishing governments recently insurgent one thing great principles upon congress proposed proceed establishing governments quite another thing involving principles lie foundation done intimately connected results must follow legislation congress connected whole subject president first thing done passage thirteenth amendment lavery abolished four millions people taken protecting hand interested masters turned loose take care turned loose put upon resources communities imbued prejudices race communities part years past indeed time existence born taught instilled prejudice equality attempted established colored citizens president condition thirteenth amendment imposed late insurrectionary one demanded serious consideration attention government equality thirteenth fourteenth fifteenth amendments attempted secured colored men subjected operation prejudices theretofore existed raised still stronger prejudices stronger feelings order fight equality claimed control legislation section country turned loose among people weak ignorant poor among white citizens sought maintain rights thrown upon class people endure every species proscription opposition vituperation order carry policy congress order lift uphold rights conferred upon class reason necessary freedmen necessary white people section stringent effective legislation part congress regard measures reconstruction heard former occasions floor senate organizations committed outrages went communities purposes intimidating coercing classes citizens exercise rights told perhaps might well retaliation resorted part oppressed sir time come retaliation resorted unless government interposes command maintain peace retaliation civil war bloodshed tumult various communities sections necessary freedmen important white people southern section plain stringent laws interpose preserve peace quiet community fifteenth amendment constitution provides right citizens vote shall denied abridged state account race color previous condition servitude speaks right citizens vote said voting privilege amendment recognizes right citizen right denied abridged state understand individuals abridge impunity power government prevent individuals associations individuals abridging contravening provision constitution legislation unnecessary legislation apply perfectly clear totally unnecessary inasmuch pass criminal law applicable state indict state officer officer must apply individuals state might attempt contravene provision constitution passing positive enactment contravened hold enactment unconstitutional way state restrained word deny used various ways state may prevent full operation constitutional amendment courts prevent positive legislation acts omission may practically deny right legislation congress must supply acts omission part state shall enforce laws private individuals shall prevented force contravening rights citizen amendment judgment duty government supply omission laws courts go purpose giving amendment vitality word deny used fifteenth amendment perceive fourteenth amendment also used fourteenth amendment passed existence known civil rights bill part copied senate bill pending civil rights bill recognized persons born naturalized citizens provided certain rights enumerated make enforce contracts sue made parties give evidence inherit purchase lease sell hold convey real personal property full equal benefit laws proceedings security person property civil rights bill enforced making criminal officer color state law subject cause subjected citizen deprivation rights secured protected act officer state indicted subjecting citizen deprivation rights indicted officer individual fourteenth amendment constitution 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 word deny used used contradistinction first clause says state shall make enforce law shall positive act contravene right citizen say shall deny person equal protection law seems opens different branch subject shall deny acts omission failure prevent citizens depriving force rights state omits carry effect provisions civil rights act secure citizens rights provisions fifth section fourteenth amendment called operation congress shall enforce appropriate legislation provisions article legislation reach state prevent passing law reach individual citizens state enforcement law therefore appropriate legislation act citizen state pass act make indictable offense officer execute law state trespasses upon rights citizen operates upon citizen officer well extend citizen country judgment incumbent upon congress pass stringent legislation subject believe perfect right constitution three amendments general scope features spirit constitution go purpose protecting securing liberty admit go purpose restraining liberty go delegated powers express terms go purpose securing protecting liberty citizen rights immunities american citizenship accordance spirit whole object formation union national government president various ways right secured fifteenth amendment may abridged citizens state state undertake positive enactment said abridge right suffrage courts country prevent find section two bill proposed substitute judiciary committee senate provision made cases officers charged registration officers charged assessment taxes making proper entries connection therewith shall refuse right register pay taxes citizen believe language senate bill sufficiently large comprehensive embrace class officers might charged act necessary enable citizen perform prerequisite voting sir individuals may prevent exercise right suffrage individuals may prevent enjoyment rights conferred upon citizen fourteenth amendment well trespass upon right conferred fifteenth citizens organizations citizens conspiracies may told formed purpose see fourth section senate bill provision cases citizens threats intimidation bribery otherwise prevent delay hinder exercise right nothing strikes organizations individuals conspiracies purpose believe bill defective make highly penal offense men conspire together organize bodies express purpose contravening right conferred fifteenth amendment sir great important omission bill well house seems struck drew either two bills prevention exercise right suffrage main trouble upon hands suppose shall organization individuals please single individual shall take upon compel fellow citizens vote particular way suppose threatens discharge employment bring upon outrages perpetrated kuklux organizations prevent voting compel vote accordance dictates party brings coercion upon seems necessary legislate threatening view subject mere preventing registration entering men names upon assessment books taxation depositing ballot box think bill perfected meet emergencies occasion unless section meets view case senator indiana morton asks whether drawn amendment effect offer time simple reason amendment amendment pending morton let read information mr pool printed send desk read information chief clerk read amendment intended proposed mr pool follows insert section four senate bill following sections sec enacted shall unlawful person intent hinder influence exercise right suffrage aforesaid coerce intimidate attempt coerce intimidate legally qualified voters state territory person violating provisions section shall held guilty misdemeanor conviction thereof shall fined imprisoned discretion fine exceed imprisonment exceed one year sec enacted 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 person shall held guilty felony conviction thereof shall fined imprisoned fine exceed imprisonment exceed ten years shall moreover thereafter ineligible disabled holding office place honor profit trust created constitution laws sec enacted act violating provision either two preceding sections felony crime misdemeanor shall committed offender may indicted prosecuted courts hereinafter provided violations act conviction thereof shall punished punishments attached like felonies crimes misdemeanors laws state offense may committed strike section twelve substitute therefor following enacted president person may empower purpose may employ state part land naval forces militia may deem necessary enforce complete execution act forces may pursue arrest hold trial persons charged violation provisions act enforce attendance witnesses upon examination trial persons shall unlawful person intent hinder influence exercise right suffrage aforesaid coerce intimidate attempt coerce intimidate legally qualified voters state territory another feature amendment deem importance act violating provision either two preceding sections felony crime misdemeanor shall committed offender may indicted prosecuted courts principal features amendment drawn effort perfect bill another one call attention senate regard calling military forces find civil rights bill bill introduced senate judiciary committee president authorized either person may empower purpose use military forces enforce act instances stops objected expression person may empower purpose bill may subject abuse think good effect keep language president may send officers may empower whomsoever pleases take charge forces without provision use forces seems adverted either civil rights bill bill pending senate holding offenders examination trial arrested confederates put common prisons state nine cases ten release important still use forces compel attendance witnesses subterfuge resorted keep witnesses away trial many instances witnesses less implicated commission offense cases witnesses intimidated obtained upon trial amendment prepared proposed forces may used enforce attendance witnesses upon examination trial purpose introducing perfect senate bill think said yesterday bill liable less objection house bill think efficacious provisions think better senate direct attention perfecting bill order may made perfected substitute bill came house much said upon purpose perfecting bill making efficacious little say intend rose say much upon general power questioned pass law think better nothing proper effect accomplish purpose worse nothing government right go enforce fourteenth fifteenth amendments judgment perfectly clear appropriate legislation shall bear upon individuals see possible appropriate legislation resorted except applicable individuals violate attempt violate provisions certainly legislate said moments ago upon individuals must press legislation matters whether individuals officers whether acting upon responsibility whether acting singly organizations appropriate legislation must applies individuals believe right incumbent duty upon go enforce rights citizens attempt infringe upon rights recognized secured constitution country possess right danger liberty citizen great indeed many parts union think question come time years pass perhaps another year different forms senate well deal deal squarely hope senate hesitate president liberty citizen prerogatives rights immunities american citizenship safely left mere caprice either passage laws withholding protection emergency may require state omission neglects give every citizen within borders free fair full exercise enjoyment rights duty government go state strong arm see full free enjoyment rights upon ground republican party must stand carrying effect reconstruction policy whole fabric reconstruction principles connected amounts nothing end topple fall unless enforced appropriate legislation power enact provided one great charters liberty party put forth amendments constitution unless right enforce appropriate legislation enforced stringently point clear mind efficacy whatever done time carry establish policy rise sir purpose arguing question much detail rise purpose making appeals senate purpose asserting arguing moment general doctrine right intervene individuals attempt contravene amendment constitution endeavoring enforce purpose calling attention defects bill offering remedy footnotes cf justice holmes mosley federal voting rights case earlier version open question statute constitutional source congressional power case course fourteenth amendment reads congress shall power enforce appropriate legislation provisions article three williams cases arising events first bearing present appeal williams involving prosecution perjury second williams prosecution violation referred hereinafter williams third williams prosecution violation referred williams ii interest clarity shall use present designation statutes throughout discussion reference made appendix justice frankfurter opinion williams contains table showing major changes statutes years offense commission object conspiracy misdemeanor punishment conspiracy shall exceed maximum punishment provided misdemeanor settled decisions screws williams ii police take matters hands seize victims beat pound confess slightest doubt police deprived victim right constitution right accused tried legally constituted kangaroo williams ii color law means thing civil counterpart monroe pape majority opinion frankfurter dissenting cases color law consistently treated thing state action required fourteenth amendment see smith allwright terry adams simkins moses cone memorial hospital cir cert denied smith holiday inns cir hampton city jacksonville cir cert denied boman birmingham transit cir kerr enoch pratt free library cir cert denied contrary view context expressed dissenters screws rejected later williams ii finally case monroe pape supra cf peterson city greenville separate opinion harlan recent decisions given form state action doctrine make clear indictments case allege conduct part private defendants constitutes state action hence action color law within burton wilmington parking authority held state action whenever state far insinuated position interdependence otherwise private person whose conduct said violate fourteenth amendment must recognized joint participant challenged activity account considered purely private fall without scope fourteenth amendment cf pennsylvania board trusts evans newton peterson city greenville lombard louisiana robinson florida griffin maryland american communications assn douds public utilities pollak smith allwright terry adams williams ii see also justice rutledge concurring result screws strange indeed revert construction fourteenth amendment narrow historical purpose remains vital pertinent today problems well known many years reconstruction fourteenth amendment almost dead letter far civil rights negroes concerned sole office impede state regulation railroads corporations despite subsequent statements contrary nothing records congressional debates joint committee reconstruction indicates uncertainty objective protection civil rights see stampp era reconstruction official title act enforce right citizens vote several union purposes substantial difference coverage two sections act precludes argument narrowly construed exclude fourteenth amendment rights otherwise duplicative taken conjunction general conspiracy statute hold intended cover fourteenth amendment rights far broader reasons rejecting duplication argument see opinion justice douglas williams see stat stat misc doc sess misc doc sess misc doc sess cong rec opinion justice douglas williams disposes argument words suggest narrow meaning opinion justice frankfurter found section see generally stampp era reconstruction nevins emergence modern america see et seq cf nevins op cit supra see morison oxford history american people see example waddell right perfect homestead claim classic right vote federal elections logan right secure unauthorized violence federal custody quarles right inform violations federal law cf also cruikshank hague cio opinion roberts collins hardyman include remarks show senator clearly intended cover fourteenth amendment rights rejected argument constitutionality may affected undue vagueness coverage held reference deficiency cured requirement specific intent proved screws basis distinction two statutes respect see williams douglas