Alberty v. United States
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF THE UNITED- STATES FOR THE WESTERN DISTRICT OF ARKANSAS. DEFENDANT, a Cherokee negro, who was known both by his father’s name of Burns and that of his former master, Alberty, was convicted of the murder of one Phil Duncan, at the Cherokee Nation, in the Indian Territory.
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ERROR TO THE CIRCUIT COURT OF THE UNITED- STATES FOR THE WESTERN DISTRICT OF ARKANSAS. DEFENDANT, a Cherokee negro, who was known both by his father’s name of Burns and that of his former master, Alberty, was convicted of the murder of one Phil Duncan, at the Cherokee Nation, in the Indian Territory. The indictment alleged the crime to have been, committed May 15,1879, but it appeared by the evidence to have been committed in 1880. Upon judgment of death being pronounced, defendant sued out a writ of- érror from this court, assigning a want of jurisdiction in the court below and various…
1Opinion of the CourtJustice Beown
1. The question of jurisdiction in this case demands a primary consideration. Although the prisoner Alberty was not a native Indian, but a negro born in slavery, it was not disputed that he became a citizen of the Cherokee Nation under the ninth article of the treaty of 1866, 14 Stat. 799, 801, by which the Cherokee Nation agreed to abolish slavery, and further agreed “that áll freedmen who have been liberated by voluntary act of their former owners or by law, as well, as all free colored persons who were in the country at the commencement of the rebellion and are now residents therein or…
2Cases cited7 opinions
- Beard v. United StatesSupreme Court of the United States · 1895
- United States v. RogersSupreme Court of the United States · 1846
- Hickory v. United StatesSupreme Court of the United States · 1896
- In Re MayfieldSupreme Court of the United States · 1891
- Westmoreland v. United StatesSupreme Court of the United States · 1895
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3Cited by205 opinions
- Wong Sun v. United StatesSupreme Court of the United States · 1963
- Allen v. United StatesSupreme Court of the United States · 1896
- People v. GreenCalifornia Supreme Court · 1980
- Commonwealth v. ToneyMassachusetts Supreme Judicial Court · 1982
- People v. SouzaCalifornia Supreme Court · 1994
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