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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Justice Bradley's opinion in the Cruikshank case emphasizes that federal jurisdiction in common-law crimes is only justified when there is clear evidence of intent to harm an individual based on their race, color, or previous condition of servitude. This suggests that federal intervention is necessary to uphold equal protection under the law and prevent discrimination and prejudice. However, if there is no such intent present, the case falls under the sole jurisdiction of state courts, allowing them to handle the matter in accordance with their own legal framework.