James v. Bowman

by David Josiah Brewer

United States Supreme Court

190 U.S. 127

James  v.  Bowman

 Argued: March 16, 1903. --- Decided: May 4, 1903

In December, 1900, an indictment was found by the United States district court for the district of Kentucky against the appellee, Henry Bowman, and one Harry Weaver, based upon § 5507 of the Revised Statutes of the United States (U.S.C.omp. Stat. 1901, p. 3712). The indictment charged, in substance, that certain 'men of African descent, colored men, negroes, and not white men,' being citizens of Kentucky and of the United States, were, by means of bribery, unlawfully and feloniously intimidated and prevented from exercising their lawful right of voting at a certain election held in the fifth congressional district of Kentucky on the 8th day of November, 1898, for the election of a representative in the Fifty-sixth Congress of the United States.

No allegation is made that the bribery was because of the race, color, or previous condition of servitude of the men bribed. The appellee, Henry Bowman, having been arrested and held in default of bail, sued out a writ of habeas corpus on the ground of the unconstitutionality of § 5507. The district judge granted the writ, following reluctantly the decision of the circuit court of appeals for the sixth circuit, in Lackey v. United States, 53 L. R. A. 660, 46 C. C. A. 189, 107 Fed. 114. From that judgment the government has taken this appeal.

Section 5507 is as follows:

'Sec. 5507. Every person who prevents, hinders, controls, or intimidates another from exercising, or in exercising the right of suffrage, to whom that right is guaranteed by the [[Additional amendments to the United States Constitution#Amendment XV|Fifteen[[Additional amendments to the United States Constitution#Amendment XV|[[Additional amendments to the United States Constitution#Amendment XV|[[Additional amendments to the United States Constitution#Amendment XV|[[Additional amendments to the United States Constitution#Amendment XV|[[Additional amendments to the United States Constitution#Amendment XV|[[Additional amendments to the United States Constitution#Amendment XV|[[Additional amendments to the United States Constitution#Amendment XV|[[Additional amendments to the United States Constitution#Amendment XV|[[Additional amendments to the United States Constitution#Amendment XV|[[Additional amendments to the United States Constitution#Amendment XV|[[Additional amendments to the United States Constitution#Amendment XV|[[Additional amendments to the United States Constitution#Amendment XV|[[Additional amendments to the United States Constitution#Amendment XV|[[Additional amendments to the United States Constitution#Amendment XV|th Amendment]]]]]]]]]]]]]]]]]]]]]]]]]]]]]] to the Constitution of the United States, by means of bribery or threats of depriving such person of employment or occupation, or of ejecting such person from a rented house, lands, or other property, or by threats of refusing to renew leases or contracts for labor, or by threats of violence to himself or family, shall be punished as provided in the preceding section.'

The 15[[Additional amendments to the United States Constitution#Amendment XV|[[Additional amendments to the United States Constitution#Amendment XV|[[Additional amendments to the United States Constitution#Amendment XV|[[Additional amendments to the United States Constitution#Amendment XV|[[Additional amendments to the United States Constitution#Amendment XV|[[Additional amendments to the United States Constitution#Amendment XV|[[Additional amendments to the United States Constitution#Amendment XV|[[Additional amendments to the United States Constitution#Amendment XV|[[Additional amendments to the United States Constitution#Amendment XV|[[Additional amendments to the United States Constitution#Amendment XV|[[Additional amendments to the United States Constitution#Amendment XV|[[Additional amendments to the United States Constitution#Amendment XV|[[Additional amendments to the United States Constitution#Amendment XV|[[Additional amendments to the United States Constitution#Amendment XV|th Amendment]]]]]]]]]]]]]]]]]]]]]]]]]]]] provides:

'Sec. 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of race, color, or previous condition of servitude.

'Sec. 2. The Congress shall have power to enforce this article by appropriate legislation.'

Solicitor General Hoyt and Mr. W. R. Harr for appellants.

[Argument of Counsel from pages 128-131 intentionally omitted]

Messrs. Swagar Sherley and W. B. Dixon for appellee.

[Argument of Counsel from pages 131-135 intentionally omitted]

Mr. Justice Brewer delivered the opinion of the court:

Notes