Henry Billings Brown

Name: Alberty v. United States — Opinion of the Court
Author: Henry Billings Brown

Alberty v. United States — Opinion of the Court

Summary

“Alberty v. United States — Opinion of the Court”, is a work by Henry Billings Brown. It explores elements such as the Cherokee Nation, the United States and jurisdiction.

Quotes from Alberty v. United States — Opinion of the Court (Henry Billings Brown)

Henry Billings Brown, Alberty v. United States — Opinion of the Court

“ Nor is it true as an accepted axiom of criminal law that 'the wicked flee when no man pursueth, but the righteous are as bold as a lion.' Innocent men sometimes hesitate to confront a jury; not necessarily because they fear that the jury will not protect them, but because they do not wish their names to appear in connection with criminal acts, are humiliated at being obliged to incur the popular odium of an arrest and trial, or because they do not wish to be put to the annoyance or expense of defending themselves. ”

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Source: Wikisource

Henry Billings Brown, Alberty v. United States — Opinion of the Court

“ For instance, you take into consideration the defendant's flight from the country-his going into another part of the country as evidence; and you are to pass upon the question as to whether or not he has sufficiently explained away the presumption which the law says arises from flight when a man has taken human life. It is a principle of human nature-and every man is conscious of it, I apprehend-that, if he does an act which he is conscious is wrong, his conduct will be along a certain line. ”

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Source: Wikisource

Henry Billings Brown, Alberty v. United States — Opinion of the Court

“ To treat the United States as the other party to the cause, in which case the federal courts would have jurisdiction of all criminal cases, except as they might be limited by the clause of Rev. St. § 2146, providing that such jurisdiction 'shall not be construed to extend to crimes committed by one Indian against the person or property of another Indian.'
(3) To treat the victim of the crime, whose person or property has been invaded, as the other party, in which case the federal courts would have jurisdiction in all cases in which the victim was a white man, or other than an Indian. ”

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Source: Wikisource

Henry Billings Brown, Alberty v. United States — Opinion of the Court

“ It would seem, however, from such information as we have been able to obtain of the Cherokee laws, that such marriage would not confer upon him the rights and privileges of Cherokee citizenship, beyond that of residing and holding personal property in the Nation; that the courts of the Nation do not claim jurisdiction over such persons, either in criminal or civil suits, and they are not permitted to vote at any elections.
For the purposes of jurisdiction, then, Alberty must be treated as a member of the Cherokee Nation, but not an Indian; and Duncan as a colored citizen of the United States. ”

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Source: Wikisource

Henry Billings Brown, Alberty v. United States — Opinion of the Court

“ It is our duty, in the first place, to get out of the way of the attack, and that is a duty springing from our own self-interest, because, if a man can avoid a deadly result with due regard to his own safety, is it not better for him to do it than to rush rashly into a conflict where he may lose his life? ”

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Source: Wikisource

Henry Billings Brown, Alberty v. United States — Opinion of the Court

“ They may mean actions to which members of the Nations are the sole or only parties, to the exclusion of white men, or persons other than members of the Nation; and as respects civil cases, at least, this seems the more probable construction.
But the difficulty is with regard to criminal cases, to which the defendant may be said to be the only party, and, if not, as to who is the other party, the sovereignty in whose name the prosecution is conducted (in this case, the United States) , or the prosecuting witness, or, in a homicide case, the person who was killed. ”

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Source: Wikisource

Henry Billings Brown, Alberty v. United States — Opinion of the Court

“ We do not find it necessary to repeat the argument that was made in that case, but we think it was especially misleading for the court to charge the jury that, from the fact of absconding, they might infer the fact of guilt, and that flight 'is a silent admission by the defendant that he is unwilling or unable to face the case against him. It is in some sense, feeble or strong, as the case may be, a confession ”

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Source: Wikisource

Henry Billings Brown, Alberty v. United States — Opinion of the Court

“ We think that a man who finds another trying to obtain access to his wife's room in the nighttime, by opening a window, may not only remonstrate with him, but may employ such force as may be necessary to prevent his doing so ”

Henry Billings Brown

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