The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-04-02


Reversed.
WASHINGTON, April !, 1872
The following opinion was delivered la The SUI
preme Court to-day
No. 80. BlyeN aud Kennard -. The United States
Error to the Circuit Court OF kentucky.lhe plain.
uifs in error were convicted ID the court below
upon the testimony Of coored witnesses Of the crime
Of murder, under Inc act of April, 1866, known as the
CIVIL lpglts act which gave the federal Courts Julis
dclion or all cases. civil or criminal, which involved
questions OF personal rights under the act. Ii was
ayerrcd III the indictment that the murder was WI.
messed by certain persons OIL color, and maj these
witnesses a. well IS the deceased. sue Armstrong
Nv name aud person oil color, were on account OF
their race and color denled the right 10 testify
against tue defendants IN the courts OF the STATE.
Under these circumstances tic court oyctruled
pea entered by the defendants that before me IN
olctment was found tiley mad been arrested ~ the
stale authorities aud neid ior the crime alleged in
the indictment IN the Circuit court.
IL Is here hclu in substance that 4 criminal prose.
cution for public ocncei Il no. cause ltiectlng,
within the meaning 81 The act, persons who may be
called 10 TESTIFY therein. Inc OILY patlcs 10 suei
cause are the government ana the PERSONS aoicted
Tney alone can be reached or anected ~ amy Jug
mcut that may be pronounced. No Judgment can
either enlarge or diminish The personal relative
or property rights OF any others than those
Wno are parties. case involving property
lichl OF persons not parties 10 the record
is Of cy. nature anu does nol touch The Ighis OF
persons. Bnt an Indictment procured by the gov
ernmen against an alleged criminal Is cause IN
witch none pui he parties can nave any concern,
community. nose VINO may possibly DC Winesses,
either Tor the prosecution or fot The defence, are
Tor any one nay be called is 4 witness.
IL Will not be tncngnt Congress intended TO give
to the federal courts jurisdiction over al cases,
rlyii ana CRIMINAL, lor lney nave expressly con.
fined IL u causes affecting certain persons; 3ld Jet
II ali those VINO may be called az witnesses IN y
"a - were IN ended he described la the class oil
persons affected vs. H. ami II the jurisdiction OF tie
fedcra cousts can be invoked ty tie assertion tiat
There are persons VINO may We witnesses, but wto
because Of Their race on color are Incompetent 10
testify Ia the courts o. the state, there - no cause
either ciy or criminal, " which these courts may
not, the option OF ciiher parry, take jurisdiction;
nor does THIS view restrict the crcct ~ Inc ACT.
The purpose OF the act was 10 guard me declared
rights oi cololed persons III All eva actions 10
Wnlcn they may he parties III Interest bN giving 10
tue DISTINCT aud Circuit Courts 81 me United states
jurisdiction of such action whenever, II, me state
Courts. any right enJU'ed ny white clEells - de-
pl"u tncIl, Ike protection IN criminal lle-e-
cutlons against them, anu all tnts j. cUccdc. Tie
intention oi He act was 10 remove INC evils then
local lcgis aon respecting coulcu people anu ms
tinguISnlng between tleni anu the wne race In his
erect unon tneW rights Ihe IufIsuieion ol the
court was not sustained ny tue avclmcnG IN TIE IN
dlctneut that Two witnesses we're ~ the cooted
race and were denied the right 10 testify " The
Courts OF the state. Thcy were not affected ~ tie
caus~ nor was tic victim ot tlc crint. rhs u NC.
yond beng Affected Nv tac case present. l. Jhe
Judgment Is reversed and tue cause renante1 the
ulcsrion the correctness vt the rng OF INC court
lp0u the admission OF tie testimony Oh Tie COlorgd
witnesses peing considered unnecessary ~ deter.
mine. -.
Justice Bradley delivered dissenting opinion, IN
winch Mr. Justice Swayne cODclilfed, hoi,Aug thai
The circuit IougI nad jurisdiction unaer Tie ac au't
tNat ltS Judgment sn0ud be atliimed lGe cdus3
was argued u lttle over year ago,