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John Gordon, Plaintiff in error, v. James Longest, Defendant in error U.S. 97 (1842)

handle is hein.slavery/ussccases0338 and id is 1 raw text is: JANUARY TERM, 1842. JonN GORDON, PLAINTIFF IN ERRoR, V. JAmES LONGEST, DE- PENDANT IN ERROR. An action was instituted in the Circuit Court of Jefferson county, in the state of Kel tucky, by a citizen of that state, under an act of the legislature of Kentucky, agains a citizen of the state of Pennsylvania, to recover damages, alleging the same in the declaration to be one thousand dollars, for having taken on board of the steam- boat Guyandotte, commanded by him, a slave belonging to the plaintiff, -from the shore of Indiana, on the voyage of the steamboat, proceeding up the Ohio river from, Louisville to Cincinnati. The act of the legislature of Keatucky subjects the mas- ter of a steamboat to the penalties created by the law, who shall take on board the steamboat under his command, a slave from the shore of the Ohio, opposite t6 Ken- tucky, in the same manner as if he had been taken on board from the shores or rivers within the state. On entering his appearance, the defendant claimed to remove the cause to the Circuit Court of the United States for the district of Ken- tucky, he being a citizen of Pennsylvania, and the plaintiff a citizen of Kentucky;- and oflrred to comply with the requisitions of the judiciary act of 1789. The Court refused to allow the removil of the cause; deciding that it did not appear -ts satis- faction that the damages exoeeded five hundred dollars. The case went on to trial, and the jury gave a verdict for the plaintiff for six hundred and fifty dollirs; and on a writ of error to the Court of Appeals of Kentucky, the judgment of thd Circuit Court on the verdict was affirmed. Before the Court of Appeals the plaintiff in error excepted to the jurisdiction of the Court of Jefferson county, and also to the constitutionality of the law of Kentucky on which the suit was founded. Held, That the decision of the Court of Appeals was erroneous; and, the judgment of that Court was reversed. It has often been decided that the sum in controversy in a suit, is the damages claimed in the declaration. If the plaintiff shall recover less than ve hundred dollars, it cannot affect the jurisdiction of the Court; a greater sum having been claimed in his writ. But in such case, the plainif does not recoyer his costs; and, at the dis- cretion of the Court, he may be adjudged to pay costs. The damages claimed by the plaintiff in his suit give jurisdiction to the Court; whether it be an original suit in the Circuit Court of the United States, or brought there by petition from a State Court. The judge of the State Court to which an application is made for the removal of a cause into a Court of the United States, must exercise a legal' discretion as to the right claimed to remove the cause. The defendant being entitled to a right to have the cause removed under the law of the United States, on the facts of the case, the judge of the State Court has no discretion to withhold that right. The aplication to remove the cause having been made i proper form, and no objection having been made to thq fct' on which it was founded, it was the duty of the State Court to proceed no furthel, in the cause; and every step subsequently taken in the exercise of a jurisdiction in the case, whither in the same Court, or in the Court' of Appeals, was oram non judice. One great object in the establishment of the Courts of the United States, and regulating VOL. XVI.-I 13

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