Forward v. Adams
New York Supreme Court
Demurrer to declaration. The action is slander. The declaration, after stating by way of inducement that on the 23d May, 1826, the plaintiff was appointed by the president of the United States a commissioner on the part and behalf of the United States, as the general protector of the Indian tribes, to attend a treaty to be held between the. proprietors of the pre-emption right to certain lands held by Indians in the state' of New-York, and those Indians under the sanction of…
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Demurrer to declaration. The action is slander. The declaration, after stating by way of inducement that on the 23d May, 1826, the plaintiff was appointed by the president of the United States a commissioner on the part and behalf of the United States, as the general protector of the Indian tribes, to attend a treaty to be held between the. proprietors of the pre-emption right to certain lands held by Indians in the state' of New-York, and those Indians under the sanction of the government of the United States, for the extinguishment of the right of the Indians to the occupancy of such lands,…
1Opinion of the Court
By the Court,
Sutherland, J.
The demurrer is well taken. It is conceded that the words do not impute an indictable offence; if true, the plaintiff would not be subjected by them to a criminal prosecution. The offence, if any, was an offence against the United States, and it is not shown that they have any statute applicable to the case; and the better opinion seems to be, that the court of the United States have no general common law criminal jurisdiction. 7 Crunch, 32. 2 Dali. 384, Opinion of Chief Justice Marshall in Burr’s Trial. 1 Gall. 488. 1 Wheat. 415. Dissertation on the Nature and…
2Cases cited1 opinion
- United States v. CoolidgeSupreme Court of the United States · 1816
3Cited by4 opinions
- McKee v. . WilsonSupreme Court of North Carolina · 1882
- Cassavoy v. PattisonAppellate Division of the Supreme Court of the State of New York · 1904
- Cramer v. RiggsNew York Supreme Court · 1837
- Allen v. HillmanMassachusetts Supreme Judicial Court · 1831