Legal Opinion

State v. . Dunlap

Supreme Court of North Carolina

Decided June 5, 1871PublishedCited by 6 opinions

This was a motion to transfer the cause to the Circuit Court of the United States for the District of North Carolina, heard before Logan J. at Spring Term 1871, of Mecklenburg Superior Court.

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This was a motion to transfer the cause to the Circuit Court of the United States for the District of North Carolina, heard before Logan J. at Spring Term 1871, of Mecklenburg Superior Court. The prisoner was indicted for the murder of one Gleason, a-white man, and at Spring Term, 1871, filed an affidavit in which he set forth that he was formerly a slave, and wTas emancipated by the result of the late rebellion — that at the time, of the-alleged homicide he was and had been heretofore an active member of the Republican party, whilst the said Gleason, was an active member of the Democratic…

1Opinion of the CourtPearson, C. J.

This proceeding presents a question of great Importance, both in a political and a legal point oí view. With the former, we have no concern; and the application will be •disposed of as a dry question of law.

By Act of Congress of 9th April, 1866, sec. 1, it is enacted, in substance, That all persons of color, born in the United 'States shall be citizens — “ shall -have the same right to make .and enforce contracts, to sue, be parties, and give evidence, to inherit, purchase, lease, sell, hold and convey real and personal property; and to full cmd equal-"benefit of all laws and proceedings, for…

2Cited by6 opinions

  1. Thomas Rachel v. State of GeorgiaCourt of Appeals for the Fifth Circuit · 1965
  2. State v. . WallsSupreme Court of North Carolina · 1937
  3. State v. WallsSupreme Court of North Carolina · 1937
  4. Fitzgerald v. . AllmanSupreme Court of North Carolina · 1880
  5. Cox v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1914

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