United States v. Wilcox is a United States Supreme Court case that was decided in 1878. The case involved a dispute between the United States and William Wilcox, a former employee of the United States Treasury Department. Wilcox had been accused of embezzling funds from the Treasury Department and was subsequently indicted by a grand jury. Wilcox argued that the indictment was invalid because it was not signed by the foreman of the grand jury, as required by the Fifth Amendment. The Supreme Court held that the indictment was valid, despite the lack of a signature from the foreman. The Court reasoned that the Fifth Amendment did not require a signature from the foreman, but rather that the indictment must be signed by a grand jury. The Court further held that the indictment was valid because it was signed by the grand jury as a whole, and that the lack of a signature from the foreman did not invalidate the indictment. In conclusion, the Supreme Court held that the indictment against Wilcox was valid, despite the lack of a signature from the foreman of the grand jury. The Court reasoned that the Fifth Amendment did not require a signature from the foreman, but rather that the indictment must be signed by a grand jury as a whole.

Justice Field delivered the dissenting opinion in United States v. Wilcox, arguing that the majority's decision was incorrect and should be reversed. He argued that Congress had no authority to pass a law which would allow for an individual to be convicted of a crime without being found guilty by a jury or pleading guilty themselves. The Constitution clearly states that "no person shall be held to answer for any capital, or otherwise infamous crime...unless on presentment or indictment of a grand jury." Justice Field argued that this clause is absolute and cannot be amended by Congress; thus, he believed it was unconstitutional for individuals to face criminal charges without having been indicted by a grand jury first. Furthermore, he noted how allowing such convictions could lead to dangerous consequences as people may become subject to arbitrary punishments from government officials with little oversight from juries or other forms of due process protections provided under the Constitution.