Blyew v. United States
Supreme Court of the United States
Error to the Circuit Court for the District of Keutucky; the ease being this: By the Revised Statutes of Keutucky, published A.D. I860,* it is enacted: “That a slave, negro, or Indian, shall be a competent witness in the case of the commonwealth for or against a slave, negro, or Indian, or in a civil case to which only negroes or Indians are parties, but in no other case.”
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Error to the Circuit Court for the District of Keutucky; the ease being this: By the Revised Statutes of Keutucky, published A.D. I860,* it is enacted: “That a slave, negro, or Indian, shall be a competent witness in the case of the commonwealth for or against a slave, negro, or Indian, or in a civil case to which only negroes or Indians are parties, but in no other case.” This enactment being in force in Kentucky, the thirteenth amendment to the Constitution was proclaimed as having been duly ratified, and a part of it, December 18th, 1865,† is in these words: “ Section 1. Neither slavery…
1Opinion of the CourtJustice Strong
Addressing ourselves to the first of the questions presented by the record—the question of jurisdiction—it may be remarked that clearly the Circuit Court had no jurisdiction of the crime of murder committed within the district of Kentucky, unless it was conferred by the third section of the act of Congress of April 9th, 1866.
It must be admitted that the crimes and offences of which the District Courts are, by this section, given exclusive jurisdiction, are only those which are against the provisions of the act, or those enumerated in the second and sixth sections, and that the “ causes, civil…
2Cases cited1 opinion
- United States v. OrtegaSupreme Court of the United States · 1826
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- Hohn v. United StatesSupreme Court of the United States · 1998
- Higazy v. TempletonCourt of Appeals for the Second Circuit · 2007
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