It is to be observed that whereas the Fourteenth Amendment has for its aim the protection of citizens against action on the part of the States, and that, therefore, the legislative power of Congress under its enforcement clause is limited to the prevention or punishment of the prohibited acts on the part of the States, the Thirteenth Amendment absolutely prohibits the existence of the people, except in the case of peaceable assemblies to perform the duties or exercise the privileges of citizens of the United States; and have also the power to control and regulate the organization, drilling, and parading of military bodies and associations, except when such bodies or associations are authorized by the militia laws of the United States. The exercise of this power by the States is necessary to the public peace, safety and good order. To deny the power would be to deny the right of the State to disperse assem-blagos organized for sedition and treason, and the right to suppress armed mobs bent on riot and rapine."

24 Justices Brown and White in the Insular Cases refer to the phraseology of the Amendment as evidencing that the conception was held that there might be territory subject to the jurisdiction but not a part of the United States. It would appear, however, from the records of the time, that no significance was attached to the last clause of section 1 of the Amendment. Cf. Address of C. E. Littlefield before the American Bar Association. Reports of, XXIV, 280ff.

Pursuant to the power thus given Congress has, by various acts, declared criminal and provided punishment for those persons violating the constitutional provision.25

In Clyatt v. United States,26 upholding the constitutionality of these measures, the court observe that the amendment denounces a status or condition irrespective of the manner in which or authority by which created, and that though self-executing without ancillary legislation so far as its laws are applicable in existing circumstances, "legislation may be necessary and proper to meet all the various cases and circumstances affected by it, and to prescribe proper modes of redress for its violation in letter or spirit. And such legislation may be primary and direct in its character." 27 In this respect it is especially pointed out that the Thirteenth differs from the Fourteenth Amendment.

This legislative power of Congress does not, however, extend to the prohibition and punishment of acts which do not in themselves amount to a holding of one in slavery or involuntary servitude, but are acts which infringe the freedom of another. Thus in Hodges v. United States28 was sustained a demurrer to an indictment in a federal court, on the ground of lack of jurisdiction, which indictment charged the accused with compelling certain negro citizens, by intimidation and force, to desist from performing their contracts of employment.29

25 See chapter 10 of Act of March 4, 1900, codifying, revising, and amending the federal laws of the United States. 3.1 Stat, at L. 1138.

26 197 U. S. 207; 23 Sup. Ct. Rep. 429; 49 L. ed. 726.

27 This language is substantially quoted from the opinion in the Civil Rights cases, 109 U. S. 3; 3 Sup. Ct. Rep. 18; 27 L. ed. 835.

28 203 U. S. 1 ; 27 Sup. Ct. Rep. 6; 51 L. ed. 65.

29 The indictments were brought under sections 1977 and 5508 of the Revised Statutes. These sections read. "§ 1977. All persons within the Jurisdic-tion of the United States shall have the same right in every State and Territory to make and enforce contracts, to sue, be parties, give evidence, and to not amounting to slavery, have been alleged to constitute involuntary servitude or peonage.32

To the argument that one of the indicia of slavery is the lack of power to make or perform contracts, and that by the acts of the accused this disability had been brought about and the negroes thus pro tanto reduced to a condition of slavery, the court replied that practically every wrong done to another has this result, and to concede the claim of counsel would be to place the punishment of all acts of personal wrong or duress within the power of the Federal Government.30