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Boyce v. Tabe U.S. 546 (1873)

handle is hein.slavery/ussccases0480 and id is 1 raw text is: Statement of the case. burden of proof upon the claimant in seizure cases after probable cause was shown for the prosecution, and, there- fore, has no application.* The instruction sets at naught established principles, and justifies the criticism of counsel that it substantially withdrew from the defendants their con- stitutional right of trial by jury, and converted what at law was intended for their protection-the right to refuse to tes- tify-into the machinery for their sure destruction. JUDGMENT REVERSED, and the cause REMANDED FOR A NEW TRIAL. BOYCE V. TABB. 1. It is no defence to a suit brought on a promissory note executed in Lou- isiana, in February, 1861, by the holder against the maker, to allege and prove that such note was given as the price of slaves sold to the maker. 2. That such sale was at the time lawful in the said State was a sufficient consideration for a note, and the obligation could not be impaired by laws of the State passed subsequently to the date thereof. 3. No law of the United States has impaired such obligation. 4. The thirty-fourth section of the Judiciary Act of 1789, enacting that the laws of the several States . . . shall be regarded as rules of decision in trials at common law in the courts of the United States, in oases where they apply, does not apply to questions of a general nature not based on a local statute or usage, nor on any rule affecting the titles to land, nor on any principle which has become a rule of property. ERROR to the Circuit -Court for the District of Louisiana; the case being thus: The thirty-fourth section of the Judiciary Act of 1789 enacts: That the laws of the several States . . . shall be regarded as rules of decision in trials at common law in the courts of the United States, in cases where they apply. Tlis provision of law being in force, Boyce, on the 13th of February, 1861, gave to Tabb a promissory note, as the I Stat. at Large, 678; Locke v. United States, 7 Cranch, 389. BOYCE v. TABB. [Sup. Ct.

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