. But I stood with the Court in the declaration that the Thirteenth Amendment not only established and decreed universal, civil and political freedom throughout this land, but abolished the incidents or badges of slavery, among which, as the Court declared, was the disability, based merely on race discrimination, to hold property, to make contracts, to have a standing in court, and to be a witness against a white person. It chose the latter. But, in that case, where habeas corpus was sought to do service as an appeal, we made clear that we were not dealing with constitutional defects in the trial. Congress shall have power to enforce this article by appropriate legislation. While the indictment was founded on sections 1977 and 5508, we have quoted other sections to show the scope of the legislation of Congress on the general question involved. In Fong Yue Ting v. United States, 149 U. S. 698, the validity of the Chinese deportation act was presented, elaborately argued, and fully considered by this Court. No. This Amendment had an affirmative operation the moment it was adopted.

Tenth Circuit Congress therefore acquired the power not only to legislate for the eradication of slavery, but the power to give full effect to this bestowment of liberty on these millions of people. However abhorrent to many was the thought that human beings of African descent were held as slaves and chattels, no remedy for that state of things as it existed in some of the States could be given by the United States in virtue of any power it possessed prior to the adoption of the Thirteenth Amendment. But such a proposition, I submit, is inadmissible, if regard be had to former decisions.

The reporter's notes were lost. 375, 282 F.2d 858. So, legislation making it an offense against the United States to conspire to injure or intimidate a citizen in the free exercise of any right secured by the Constitution is broad enough to embrace a conspiracy of the kind charged in the present indictment. 36, 83 U. S. 76, in defining the privileges and immunities of citizens of the several states, this is quoted from the opinion of Mr. Justice Washington in Corfield v. Coryell, 4 Wash. C.C.

Colorado

That prior to the three post bellum Amendments to the Constitution the National Government had no jurisdiction over a wrong like that charged in this indictment is conceded; that the Fourteenth and Fifteenth Amendments do not justify the legislation is also beyond dispute, for they, as repeatedly held, are restrictions upon state action, and no action on the part of the State is complained of. 1978.

of a right or privilege created or secured by the Constitution or laws of the United States. "SEC. And legislation of that character would certainly be appropriate for the protection of whatever rights were given or created by the Amendment. Seventh Circuit 539, and in United States v. Reese, 92 U. S. 214. To that end, by direct, primary legislation, Congress may not only prevent the reestablishing of the institution of slavery, pure and simple, but may make it impossible that any of its incidents or badges should exist or be enforced in any state or territory of the United States. In the Jordan case, petitioner had not raised the constitutional objection at the trial; and, though he had appealed, he had failed to raise it there. Decided December 4, 1961. Logan v. United States, 144 U.S. 263, 283.". The long existence of African slavery in this country gave us very distinct notions of what it was, and what were its necessary incidents. The logic of this concession points irresistibly to the contention that the Thirteenth Amendment operates only to protect the African race. 69: "Its two short sections seem hardly to admit of construction." . It purports to do nothing more. Justia makes no guarantees or warranties that the annotations are accurate or reflect the current state of law, and no annotation is intended to be, nor should it be construed as, legal advice. These may be varied to meet the necessities of the particular right to be *25 protected.'" By the act of May 5, 1892, Congress required all Chinese laborers within the limits of the United States to apply for a certificate, and any one who after one year from the passage of the act should be found within the jurisdiction of the United States without such certificate, might be arrested and deported.

They may all, however, be comprehended under the following general heads: protection by the government, with the right to acquire and possess property of every kind, and to pursue and obtain happiness and safety, subject, nevertheless, to such restraints as the government may prescribe for the general good of the whole.". Conceding this to be true (which I think it is), Congress then had the right to go further and to enforce its declaration by passing laws for the prosecution and punishment of those who should deprive, or attempt to deprive, any person of the rights thus conferred upon them. . In the exercise of that power, Congress has enacted these sections denouncing peonage, and punishing one who holds another in that condition of involuntary servitude. Congress, therefore, acquired the power not only to legislate for the eradication of slavery, but the power to give full effect to this bestowment of liberty on these millions of people. Sixth Circuit 1977.

No. https://www.encyclopedia.com/politics/encyclopedias-almanacs-transcripts-and-maps/hodges-v-united-states-203-us-1-1906, Fitzpatrick v. Bitzer 427 U.S. 445 (1976), Thirteenth Amendment (Judicial Interpretation). Marshal, and we did not have an opportunity to talk to him. See, e.g., Jordan v. United States, 352 U.S. 904. That argument was rejected by every member of this court, and we all agreed that Congress had power, under the Thirteenth Amendment, not only to forbid the existence of peonage, but to make it an offense against the United States for any person to hold, arrest, return or cause to be held, arrested or returned, or who in any manner aided in the arrest or return of another person, to a condition of peonage. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. Sections 1977, 1978, 1979, 5508, and 5510 read as follows: "SEC.

"`The inquiry,' he says, `is, what are the privileges and immunities of citizens of the several States? That hearing was held October 25, 1957. It may be also observed that the freedom created and established by the Thirteenth Amendment was further protected against assault when the Fourteenth Amendment became a part of the supreme law of the land, for that Amendment provided that no state shall deprive any person of life, liberty, or property without due process of law. But if its scope and effect are not wholly misapprehended by me, the court does adjudge that Congress cannot make it an offense against the United States for individuals to combine or conspire to prevent, even by force, citizens of African descent, solely because of their race, from earning a living. Hodges v. United States Argued: October 19, 1905. Pennsylvania 36, 76, in defining the privileges and immunities of citizens of the several States, this is quoted from the opinion of Mr. Justice Washington in Corfield v. Coryell, 4 Wash. Cir.

1978. They may, however, be all comprehended under the following general heads: protection by the Government, the enjoyment of life and liberty, with the right to acquire and possess property of every kind, and to pursue and obtain happiness and safety; subject, nevertheless, to such restraints as the Government may prescribe for the general good of the whole.'". It was supposed that the eradication of slavery and involuntary servitude of every form and description required that the slave should be made a citizen and placed on an entire equality before the law with the white citizen, and therefore that Congress had the power, under the amendment, to declare and effectuate these objects. West Virginia

Still, legislation may be necessary and proper to meet all the various cases and circumstances to be affected by it, and to prescribe proper modes of redress for its violation in letter or spirit. 105). 203 U.S. 1. (156 F. Supp.

Severer punishments for crimes were imposed on the slave than on free persons guilty of the same offenses. In view of these decisions it is unnecessary to examine the grounds upon which the constitutionality of section 5508 rests; and I may assume that the power of the National Government, by appropriate legislation, to protect a right created by, derived from or dependent in any degree upon, the Constitution of the United States cannot be disputed. And it has declared that one of the insuperable incidents of slavery, as it existed at the time of the adoption of the Thirteenth Amendment, was the disability of those in slavery to make contracts. *. Referring to those provisions and to the clause of the Constitution giving Congress authority to pass all laws, necessary and proper for carrying into execution the powers specifically granted to it, and all other powers vested in the government of the United States, . 27, by which it was declared that all persons born in the United States, and not subject to a foreign power (except Indians, not taxed), should be citizens of the United States; and that such citizens, of every race and color, without any regard to any previous condition of slavery or involuntary servitude, should have the same right in every State and Territory to make and enforce contracts, to sue, be parties, and give evidence, to inherit, purchase, lease, sell, hold, and convey real and personal property, and to full and equal benefit of all laws and proceedings for the security of persons and property, as is enjoyed by white citizens, and should be subject to like punishment, pains, and penalties, and to none other, any law, etc., to the contrary notwithstanding. Immediately after sentence was imposed, John Hodges was removed from the courtroom by the U.S. Washington


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