by John Marshall Harlan

“ It embraces as well some classes of misdemeanors, the punishment of which involves or may involve the deprivation of the liberty of the citizen. It would be a narrow construction of the constitution to hold that no prosecution for a misdemeanor is a prosecution for a 'crime' within the meaning of the third article, or a 'criminal prosecution' within the meaning of the sixth amendment. And we do not think that the amendment was intended to supplant that part of the third article which relates to trial by jury. There is no necessary conflict between them. ”

“ These authorities are sufficient to show the nature of the crime of conspiracy at common law. It is an offense of a grave character, affecting the public at large; and we are unable to hold that a person charged with having committed it in this District is not entitled to a jury, when put upon his trial. ”

“ I. relating to confederacies to procure the indictment of an innocent person, says that, 'notwithstanding the injury intended to the party against whom such a confederacy is formed may perhaps be inconsiderable, yet the association to pervert the law, in order to procure it, seems to be a crime of a very high nature, and justly to deserve the resentment of the law.' 1 Hawk. ”

“ Cas. 508, 514, it was observed that an 'agreement to effect an injury or wrong to another by two or more persons is constituted an offense, because the wrong to be effected by a combination assumes a formidable character. When done by one alone it is but a civil injury ”

“ To guard against the union of individuals to effect an unlawful design is not easy, and to detect and punish them is often extremely difficult.' Hawkins, in discussing the nature of conspiracies as offenses against public justice, and referring especially to the statute of 21 Edw. ”