The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1875-10-10
The Civil Rights Bill.

/
| STATES SUPREME COURT.
| WASHINGTON Oct. Sin the Supremi
Court to-day Mr.. Justice Strong read an in
| teresting opinion on the construction OF tn
Civil Rights bill II seems that John Blyei
| and Geo. Kennard had been convicted In the
| Circuit Court for the District of Kentucky fo
the murder of Lucy Armstrong, colored
| Tney had previously been held to answer IL
the State courts, but the Circuit Court claim
| ed jurisdiction of the case, because, by the
laws Of Kentucky, the two persons who saw
the murder committed, as we'll as the victim,
on account of their race and color, were de-
MED the right to testify in the State courts.
The clause of the Civil Rights act on which
this clause was based gives the Circuit Court
jurisdiction of causes "affecting persons who
are denied or cannot enforce in the courts or
judicial tribunals of the State or locality
where they may be any Of the rights secured
to them by the first section OF the act. A
verdict of guilty having been rendered IN the
Circuit Court, on the ground that the facts
stated in the indictment did not constitute q
public cffense within the jurisdiction OF the
court" This motion was overruled and an
appeal was taken.
Mr. Justice Strong said
We are brought to the question whether a
criminal prosecution for public offence Is a
cause affecting, within the meaning OF the act
OF Congress, persons who may be called 70
testify therein. Obviously, the only parties to
such cause are the government and the persons
indicted. They alone can be reached by any
judgment that may be pronounced. No judg-
ment can either enlarge or diminish the personal,
relative. or property rights OF any Others than
those who are parties. 1t is true there are some
cases which affect the record. Such cases, how
ever. are all OF civil nature, and none OF them
even touch rights OF person. But an Indictment
prosecuted by the government against an alleged
criminal is cause in which none but the parties
can have any concern, except what IL common to
all the members of the community.
Those who may possibly be witnesses, either for
the prosecution or for the defense, are no more
affected by it than is every other person, for any
one may be called as witness. 1t Will not be
thought that Congress intended to give to the
district and circuit courts jurisdiction over all
causes both civil and criminal. They have ex-
pressy confined it to causes affecting certain per-
sons. And yet, if all those who may be alleged
to be important witnesses, were intended so be
described in the ella g persons affected by 1t, and
If the jurisdiction of the Federal courts can be
invoked by the assertion that there are persons
who may be witnesses, but who. because OF their
race or color, are incompetent to testify IN the
courts of the State, there is no cause either civil
or criminal of which those courts may not at the
option OF either party take jurisdiction.
The statute Of Kentucky prohibits the testi-
mony of colored persons either for or against
white person in any civil or criminal cause to
which he may be party. If. therefore, they are
persons affected by tho cause, whenever they
might be witnesses were they competent to les
lify, it follows That III any suit between white
citizens, jurisdiction might be taken by the Fed
erai courts whenever 1T was alleged that citizen
Of the African race was or might be an important
witness. And such IN allegation might always
De made. SO in ali criminal prosecutions ag inst
white persons similar allegation would CAL into
existence the like jurisdiction. We cannot think
that such was the purpose of Congress in the
statute Of April 8, 1876. 1t would seem rather to
have been to afford protection TO persons of the
,olored race By giving to tbs Federal courts
Jurisdiction Of cases, the decision Of
which might judiciously affect them either in
their personal, relative, or property rights, when
aver they are denied in the State courts any Of
,he rights mentioned ard assured to them by the
irst section Of the act. y In view Of these
,onside atoms We are of the opinion that the
Ease before ns is not within the provisions of
he act Of April 8, 1906, and that the Circuit
Court had no jurisdiction of the crime of murder
in the district Of Kentucky, merely
because twol persons who witnessed the murCer
we're citizens of the African race, and for that
eason incompetent by the law of Kentucky to
estify in the courts Of that State they not
persons affected by the cause. The judgment of
he Circuit Court ID reversed.
The Chief Justice was not present at the
rgument, and he had taken no part in the
lecision.