United States v. Shipp
Encyclopedia
United States v. Shipp, 203 U.S. 563
, was a ruling of the Supreme Court of the United States
with regard to events surrounding a lynching
in Tennessee
. It is the only Supreme Court criminal trial in its history.
man, had been convicted in Hamilton County, Tennessee
of the rape
of a white woman on February 11, 1906 and sentenced to death
. On March 3, 1906, Johnson filed a writ of habeas corpus
, alleging that his constitutional rights had been violated. Specifically, he alleged that all blacks had been systematically excluded from both the grand jury
considering the original indictment
against him and the trial jury considering his case. He further argued that he had been substantively denied the right to counsel, as his lawyer had been too intimidated by the threats of mob violence to file motions for a change of venue
, a continuance, or a new trial, all of which could be reasonably expected under the circumstances, meaning that he (Johnson) was, in effect, about to be deprived of his life without due process
.
Johnson's petition was initially denied on March 10, 1906, and he was remanded to the custody of Hamilton County Sheriff Joseph F. Shipp, with the stipulation that Johnson be given 10 days to file further appeals. His appeal to the Supreme Court was allowed by Justice Harlan
on March 17, and subsequently by the entire court on March 19. However, despite being advised of this ruling by telegram on that date, and the case and the ruling being given full coverage by Chattanooga's evening newspaper
s that day, the case purported that Shipp and his chief jailer nonetheless allowed a mob to enter the Hamilton County jail and lynch
Johnson on the city's Walnut Street Bridge
.
The court felt that this action constituted contempt of court
in that Sheriff Shipp, fully knowledgeable of the court's ruling, nonetheless chose willfully to ignore his duties to protect a prisoner in his care.
. Included as defendants were his chief jailer and such members of the lynch mob as could be reasonably identified. When the case came to the Supreme Court, the government was represented by both United States Solicitor General
Henry Hoyt and Attorney General
William H. Moody. Shipp's attorneys argued that the Supreme Court was not competent to hear the case, as it was now a party to the case in that it was involved in the action as a plaintiff rather than as a court.
, in that members of the court were not affected by Shipp's actions in any way in their persons (Shipp's actions were not a threat to the justices personally but only to their ruling and hence to the authority of the court) and thus they were not "interested parties" in any sense which would affect their competence with regard to the case. The prosecution of Shipp was allowed to proceed.
contained in the United States Constitution.
Shipp and several--though not all--of his co-defendants were convicted by the Court and sentenced to terms from 2-3 months in federal prison in Washington, DC. The sentences were shortened for good behavior.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
, was a ruling of the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
with regard to events surrounding a lynching
Lynching
Lynching is an extrajudicial execution carried out by a mob, often by hanging, but also by burning at the stake or shooting, in order to punish an alleged transgressor, or to intimidate, control, or otherwise manipulate a population of people. It is related to other means of social control that...
in Tennessee
Tennessee
Tennessee is a U.S. state located in the Southeastern United States. It has a population of 6,346,105, making it the nation's 17th-largest state by population, and covers , making it the 36th-largest by total land area...
. It is the only Supreme Court criminal trial in its history.
Background
Ed Johnson, a blackBlack people
The term black people is used in systems of racial classification for humans of a dark skinned phenotype, relative to other racial groups.Different societies apply different criteria regarding who is classified as "black", and often social variables such as class, socio-economic status also plays a...
man, had been convicted in Hamilton County, Tennessee
Hamilton County, Tennessee
Hamilton County is a county located in the U.S. state of Tennessee. It was named for Alexander Hamilton, the first Secretary of the Treasury. The 2005 Census Estimate placed the population at 310,935 . Its county seat is Chattanooga....
of the rape
Rape
Rape is a type of sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, coercion, abuse of authority or with a person who is incapable of valid consent. The...
of a white woman on February 11, 1906 and sentenced to death
Capital punishment
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...
. On March 3, 1906, Johnson filed a writ of habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
, alleging that his constitutional rights had been violated. Specifically, he alleged that all blacks had been systematically excluded from both the grand jury
Grand jury
A grand jury is a type of jury that determines whether a criminal indictment will issue. Currently, only the United States retains grand juries, although some other common law jurisdictions formerly employed them, and most other jurisdictions employ some other type of preliminary hearing...
considering the original indictment
Indictment
An indictment , in the common-law legal system, is a formal accusation that a person has committed a crime. In jurisdictions that maintain the concept of felonies, the serious criminal offence is a felony; jurisdictions that lack the concept of felonies often use that of an indictable offence—an...
against him and the trial jury considering his case. He further argued that he had been substantively denied the right to counsel, as his lawyer had been too intimidated by the threats of mob violence to file motions for a change of venue
Change of venue
A change of venue is the legal term for moving a trial to a new location. In high-profile matters, a change of venue may occur to move a jury trial away from a location where a fair and impartial jury may not be possible due to widespread publicity about a crime and/or its defendant to another...
, a continuance, or a new trial, all of which could be reasonably expected under the circumstances, meaning that he (Johnson) was, in effect, about to be deprived of his life without due process
Due process
Due process is the legal code that the state must venerate all of the legal rights that are owed to a person under the principle. Due process balances the power of the state law of the land and thus protects individual persons from it...
.
Johnson's petition was initially denied on March 10, 1906, and he was remanded to the custody of Hamilton County Sheriff Joseph F. Shipp, with the stipulation that Johnson be given 10 days to file further appeals. His appeal to the Supreme Court was allowed by Justice Harlan
John Marshall Harlan
John Marshall Harlan was a Kentucky lawyer and politician who served as an associate justice on the Supreme Court. He is most notable as the lone dissenter in the Civil Rights Cases , and Plessy v...
on March 17, and subsequently by the entire court on March 19. However, despite being advised of this ruling by telegram on that date, and the case and the ruling being given full coverage by Chattanooga's evening newspaper
Newspaper
A newspaper is a scheduled publication containing news of current events, informative articles, diverse features and advertising. It usually is printed on relatively inexpensive, low-grade paper such as newsprint. By 2007, there were 6580 daily newspapers in the world selling 395 million copies a...
s that day, the case purported that Shipp and his chief jailer nonetheless allowed a mob to enter the Hamilton County jail and lynch
Lynching
Lynching is an extrajudicial execution carried out by a mob, often by hanging, but also by burning at the stake or shooting, in order to punish an alleged transgressor, or to intimidate, control, or otherwise manipulate a population of people. It is related to other means of social control that...
Johnson on the city's Walnut Street Bridge
Walnut Street Bridge (Tennessee)
The Walnut Street Bridge is a truss bridge that spans the Tennessee River in Chattanooga, Tennessee.Built in 1890, it was the first to connect Chattanooga's downtown with the North Shore. According to the plaque on the bridge, Edwin Thatcher was the chief engineer for the bridge...
.
The court felt that this action constituted contempt of court
Contempt of court
Contempt of court is a court order which, in the context of a court trial or hearing, declares a person or organization to have disobeyed or been disrespectful of the court's authority...
in that Sheriff Shipp, fully knowledgeable of the court's ruling, nonetheless chose willfully to ignore his duties to protect a prisoner in his care.
Argument
Shipp's actions resulted in his prosecution by the United States Department of JusticeUnited States Department of Justice
The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
. Included as defendants were his chief jailer and such members of the lynch mob as could be reasonably identified. When the case came to the Supreme Court, the government was represented by both United States Solicitor General
United States Solicitor General
The United States Solicitor General is the person appointed to represent the federal government of the United States before the Supreme Court of the United States. The current Solicitor General, Donald B. Verrilli, Jr. was confirmed by the United States Senate on June 6, 2011 and sworn in on June...
Henry Hoyt and Attorney General
United States Attorney General
The United States Attorney General is the head of the United States Department of Justice concerned with legal affairs and is the chief law enforcement officer of the United States government. The attorney general is considered to be the chief lawyer of the U.S. government...
William H. Moody. Shipp's attorneys argued that the Supreme Court was not competent to hear the case, as it was now a party to the case in that it was involved in the action as a plaintiff rather than as a court.
Holding
In a unanimous decision written by Justice Holmes, the court held that it was not a party in any sense that would create a conflict of interestConflict of interest
A conflict of interest occurs when an individual or organization is involved in multiple interests, one of which could possibly corrupt the motivation for an act in the other....
, in that members of the court were not affected by Shipp's actions in any way in their persons (Shipp's actions were not a threat to the justices personally but only to their ruling and hence to the authority of the court) and thus they were not "interested parties" in any sense which would affect their competence with regard to the case. The prosecution of Shipp was allowed to proceed.
Impact
The case took on special significance as the only criminal trial of the Supreme Court in its entire history. The main impact of the case was its reiteration of the principle that the Supreme Court could always intervene in state capital cases where there was a question of violation of the right to due processDue process
Due process is the legal code that the state must venerate all of the legal rights that are owed to a person under the principle. Due process balances the power of the state law of the land and thus protects individual persons from it...
contained in the United States Constitution.
Shipp and several--though not all--of his co-defendants were convicted by the Court and sentenced to terms from 2-3 months in federal prison in Washington, DC. The sentences were shortened for good behavior.
See also
- Edward Terry SanfordEdward Terry SanfordEdward Terry Sanford was an American jurist who served as an Associate Justice on the United States Supreme Court from 1923 until his death in 1930. Prior to his nomination to the high court, Sanford served as an Assistant Attorney General under President Theodore Roosevelt from 1905 to 1907, and...
lead prosecutor in the case, who became a Supreme Court Justice. - List of United States Supreme Court cases, volume 203