Case No. 15,630.

UNITED STATES v. LOUDER.

[1 Cranch, C. C. 103.]¹

Circuit Court, District of Columbia.

Dec. Term, 1802.

COURTS—JURISDICTION—SLAVE—CONSENT.

This court has no jurisdiction to try a slave for larceny, but will quash the indictment and send him to a justice of the peace to be tried. By consent of parties the court will try the issue, whether slave or not.

Indictment for stealing. The prisoner pleaded ore tenus that he is a slave of S. B. Balch, and concluded to the jurisdiction of this court. 2 Hawk. P. C. 227. The United States joined issue upon that plea.

The attorney for the United States, and the counsel for the prisoner agreed that the court should try the issue, fact as well as law. Whereupon the court examined witnesses, and being satisfied that the prisoner was a slave, ordered him to be delivered to a constable to be carried before a justice of the peace and tried; and the indictment to be quashed, this court not having jurisdiction.

¹ [Reported by Hon. William Cranch, Chief Judge.]

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