Choteau v. Marguerite,
Annotate this Case
37 U.S. 507 (1838)
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U.S. Supreme Court
Choteau v. Marguerite, 37 U.S. 12 Pet. 507 507 (1838)
Choteau v. Marguerite
37 U.S. (12 Pet.) 507
ERROR TO THE SUPREME COURT OF THE THIRD
JUDICIAL DISTRICT OF THE STATE OF MISSOURI
Jurisdiction. The supreme court has not jurisdiction of a case brought by a writ of error from the Supreme Court of the State of Mississippi, under the 25th section of the Judiciary Act, where the question was whether the appellee was a slave. The provisions of the treaty by which Louisiana was ceded to the United States, and in which was a guarantee of the property of persons residing at the time of the cession within the Territory of Louisiana, may be enforced in the courts of the State of Missouri. The allegation that the treaty has been misconstrued by the supreme court of the state in refusing to sanction the claim asserted will not give the Supreme Court of the United States jurisdiction in the case.
In the case of Crowell v. Randall, 10 Pet. 368, the Court revised all the cases on jurisdiction under the 25th section of the Judiciary Act, and laid down the law as they wished it to be universally understood.