Tuesday, October 17, 2023

Two Unreported Section Three Cases From Reconstruction

Gerard N. Magliocca

I have found two previously unknown Section Three cases from 1870 that were reprinted in newspapers at the time. The first was United States v. Thompson, a federal circuit decision from Kentucky that ordered the removal of a state court official pursuant to Section Three. The other was a grand jury charge by a federal circuit judge from Tennessee. I will try to make these publicly available as soon as possible. The grand jury charge is especially interesting.

UPDATE: United States v. Thompson (the Kentucky case) is in The Times-Picayune of October 16, 1870 at page 6. The most complete version of the federal grand jury charge can be found in The Tennessean of December 4, 1870 at page 3. The issues themselves are in a subscription database, so I'm not sure how to link to them yet.


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