According to Justice Bradley's opinion in the Cruikshank case, to federalize a common-law crime: "There must be a design to injure a person, or deprive him of his equal right of the protection of the laws, because of his race, color, or previous condition of servitude... otherwise it is a case exclusively within the jurisdiction of the state and its courts" (Naidoo, 2016).
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In the Cruikshank case, Justice Bradley argued that for a common-law crime to be federalized, there should be evidence of a deliberate intention to harm or discriminate against someone on the basis of their race, color, or previous condition of servitude. Without this specific motive based on protected characteristics, the matter should be considered solely under the jurisdiction of the state and its courts.
This opinion highlights the importance of establishing a direct link between the crime and a violation of equal rights under the Constitution to warrant federal intervention. Justice Bradley's opinion indicates that federalization of common-law crimes should not occur in cases where there is no apparent discrimination or intent to infringe on someone's right to equal protection of the law.
By setting this standard, Justice Bradley sought to ensure that the federal government's involvement in criminal cases was limited to instances where there was a clear violation of civil rights based on race, color, or previous condition of servitude. This opinion underscores the significance of protecting and upholding equal rights and preventing federal overreach in matters that fall within the purview of state jurisdiction.