John Blyew
Racial Violence and Testimony Denial
CLASSIFICATION: Murder
LOCATION
Lewis County, Kentucky
TIME PERIOD
August 29, 1868
VICTIMS
4 confirmed
On August 29, 1868, in Lewis County, Kentucky, two white men, John Blyew and George Kennard, violently attacked the African American Foster family, resulting in the deaths of four family members, including a blind grandmother and a 16-year-old boy, while two young girls survived. The case, Blyew v. United States, was argued before the U.S. Supreme Court on February 20-21, 1871, and decided on April 1, 1872, addressing the legality of a Kentucky law that prohibited African Americans from testifying against white defendants. The Supreme Court upheld the law, which was a significant setback for civil rights, as it effectively silenced the voices of the victims in this racially charged incident. The attackers were eventually convicted in federal court under the Civil Rights Act of 1866, receiving death sentences, but the broader implications of the case highlighted systemic racial injustices in the legal system at the time.
The Supreme Court's decision in Blyew v. United States is viewed as a reflection of the systemic racism prevalent in the legal system at the time, with many believing it reinforced discriminatory practices that denied African Americans basic rights, including the ability to testify against white defendants. Some speculate that the ruling contributed to a culture of impunity for white perpetrators of violence against Black individuals, further entrenching racial violence in society. Additionally, there is a belief that this case exemplifies the failures of the Civil Rights Act of 1866 to protect African Americans in the face of legal and social discrimination.
The Case of Blyew v. United States: A Dark Chapter in Legal History
In the aftermath of the American Civil War, a brutal crime in Kentucky set the stage for a pivotal Supreme Court case that would test the boundaries of racial justice in the United States. This is the story of Blyew v. United States, a case that emerged from the horrors of a massacre, challenging the racial prejudices of the legal system in the post-Civil War era.
The Crime
On August 29, 1868, a horrifying incident unfolded in Lewis County, Kentucky. Two white men, John Blyew and George Kennard, accompanied by a woman, forced their way into the home of the Foster family, an African American household. The ensuing argument escalated into a savage attack. The men, wielding an axe and another bladed tool, unleashed a brutal assault on the family, resulting in the deaths of four members and leaving several others grievously injured. Jack Foster, his wife Sallie, and his blind grandmother Lucy Armstrong were killed on the spot. Richard Foster, a 16-year-old son, managed to survive the initial attack by hiding under his father's body. Despite his injuries, Richard crawled 300 yards to a neighbor's house for help but succumbed to his wounds two days later. Miraculously, the youngest members of the family survived: 8-year-old Laura Foster hid during the attack, and her 6-year-old sister Amelia, although struck on the head, survived her injuries.
The Legal Battle
The gruesome attack and subsequent deaths drew attention to Kentucky's restrictive laws, which barred African Americans from testifying against white defendants. This legal barrier formed the crux of the case that would eventually reach the United States Supreme Court in February 1871. The case centered around the civil rights of African Americans and the broader issue of states' rights. The testimony of the surviving victims was crucial, especially since the motive for the attack was tied to Kennard's belief in the potential for another war over African American rights. He had reportedly declared his intent to "go to killing niggers" should such a war occur.
The initial trial was moved to a federal court under the Civil Rights Act of 1866, where both Blyew and Kennard were convicted and sentenced to death by hanging. However, the Kentucky state government appealed to the Supreme Court, arguing in favor of their state laws that prohibited African American testimony against whites.
The Supreme Court Decision
The Supreme Court heard the case, with Chief Justice Salmon P. Chase and Associate Justices Samuel Nelson, Nathan Clifford, Noah H. Swayne, Samuel F. Miller, David Davis, Stephen J. Field, William Strong, and Joseph P. Bradley presiding over the matter. Associate Justice William Strong wrote the majority opinion, which agreed that state murder cases could not be moved to federal court based solely on an African American's right to testify. The decision focused on the rights of plaintiffs and defendants, deeming the testimony of African Americans irrelevant to the law’s focus.
In a powerful dissent, Associate Justices Joseph P. Bradley and Noah Haynes Swayne argued that the Kentucky law effectively perpetuated slavery by rendering Black witnesses unfit to testify. Justice Swayne previously encountered similar issues in a Kentucky robbery case during the United States v. Rhodes, which he had moved to federal court in 1866.
The Aftermath
The Supreme Court's decision sent the case back to the state court, where Blyew's trial resulted in a hung jury. However, before he could be retried, Blyew escaped from prison in 1873, only to be recaptured in 1890. He was found guilty of murder and sentenced to life in prison, yet he was pardoned by Acting Governor William Jackson Worthington on December 8, 1896, due to doubts about the evidence against him. Blyew was later reported to be living with his daughter in Ohio by 1900.
Kennard, on the other hand, was found guilty of murder in 1876 and sentenced to life in prison with hard labor. His decision not to escape, even when the opportunity arose, reportedly influenced the jury's decision to spare his life. Governor Luke P. Blackburn eventually pardoned him on health grounds on March 28, 1885. Kennard lived until April 5, 1923, when he died at the age of 82.
Conclusion
The case of Blyew v. United States remains a significant, albeit troubling, landmark in the history of American jurisprudence. It highlights the racial tensions and legal challenges of the Reconstruction era, reflecting the broader struggles for civil rights and equality in the face of deeply entrenched prejudices.
Sources
- The Kentucky African American Encyclopedia
- Justia Law - Blyew v. United States
- Stanford Law Review - Blyew: Variations on a Jurisdictional Theme
For further reading, visit the Wikipedia page on John Blyew.
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Foster Family Attack
John Blyew and George Kennard attack the Foster family, resulting in four deaths.
Supreme Court Hearing
Blyew v. United States is argued before the Supreme Court, addressing civil rights issues.
Supreme Court Decision
The Supreme Court upholds Kentucky law prohibiting African Americans from testifying against whites.
Federal Court Conviction
Blyew and Kennard are convicted in federal court under the Civil Rights Act of 1866.
Blyew Escapes
Blyew escapes from prison before retrial after a hung jury.
Blyew Recaptured
Blyew is recaptured, found guilty of murder, and sentenced to life in prison.
Blyew Pardoned
Blyew is pardoned by Acting Governor William Jackson Worthington.
Kennard Sentenced
Kennard is found guilty of murder and sentenced to life in prison with hard labor.
Kennard Pardoned
Kennard is pardoned by Governor Luke P. Blackburn on health grounds.
On August 29, 1868, in Lewis County, Kentucky, two white men, John Blyew and George Kennard, violently attacked the African American Foster family, resulting in the deaths of four family members, including a blind grandmother and a 16-year-old boy, while two young girls survived. The case, Blyew v. United States, was argued before the U.S. Supreme Court on February 20-21, 1871, and decided on April 1, 1872, addressing the legality of a Kentucky law that prohibited African Americans from testifying against white defendants. The Supreme Court upheld the law, which was a significant setback for civil rights, as it effectively silenced the voices of the victims in this racially charged incident. The attackers were eventually convicted in federal court under the Civil Rights Act of 1866, receiving death sentences, but the broader implications of the case highlighted systemic racial injustices in the legal system at the time.
The Supreme Court's decision in Blyew v. United States is viewed as a reflection of the systemic racism prevalent in the legal system at the time, with many believing it reinforced discriminatory practices that denied African Americans basic rights, including the ability to testify against white defendants. Some speculate that the ruling contributed to a culture of impunity for white perpetrators of violence against Black individuals, further entrenching racial violence in society. Additionally, there is a belief that this case exemplifies the failures of the Civil Rights Act of 1866 to protect African Americans in the face of legal and social discrimination.
The Case of Blyew v. United States: A Dark Chapter in Legal History
In the aftermath of the American Civil War, a brutal crime in Kentucky set the stage for a pivotal Supreme Court case that would test the boundaries of racial justice in the United States. This is the story of Blyew v. United States, a case that emerged from the horrors of a massacre, challenging the racial prejudices of the legal system in the post-Civil War era.
The Crime
On August 29, 1868, a horrifying incident unfolded in Lewis County, Kentucky. Two white men, John Blyew and George Kennard, accompanied by a woman, forced their way into the home of the Foster family, an African American household. The ensuing argument escalated into a savage attack. The men, wielding an axe and another bladed tool, unleashed a brutal assault on the family, resulting in the deaths of four members and leaving several others grievously injured. Jack Foster, his wife Sallie, and his blind grandmother Lucy Armstrong were killed on the spot. Richard Foster, a 16-year-old son, managed to survive the initial attack by hiding under his father's body. Despite his injuries, Richard crawled 300 yards to a neighbor's house for help but succumbed to his wounds two days later. Miraculously, the youngest members of the family survived: 8-year-old Laura Foster hid during the attack, and her 6-year-old sister Amelia, although struck on the head, survived her injuries.
The Legal Battle
The gruesome attack and subsequent deaths drew attention to Kentucky's restrictive laws, which barred African Americans from testifying against white defendants. This legal barrier formed the crux of the case that would eventually reach the United States Supreme Court in February 1871. The case centered around the civil rights of African Americans and the broader issue of states' rights. The testimony of the surviving victims was crucial, especially since the motive for the attack was tied to Kennard's belief in the potential for another war over African American rights. He had reportedly declared his intent to "go to killing niggers" should such a war occur.
The initial trial was moved to a federal court under the Civil Rights Act of 1866, where both Blyew and Kennard were convicted and sentenced to death by hanging. However, the Kentucky state government appealed to the Supreme Court, arguing in favor of their state laws that prohibited African American testimony against whites.
The Supreme Court Decision
The Supreme Court heard the case, with Chief Justice Salmon P. Chase and Associate Justices Samuel Nelson, Nathan Clifford, Noah H. Swayne, Samuel F. Miller, David Davis, Stephen J. Field, William Strong, and Joseph P. Bradley presiding over the matter. Associate Justice William Strong wrote the majority opinion, which agreed that state murder cases could not be moved to federal court based solely on an African American's right to testify. The decision focused on the rights of plaintiffs and defendants, deeming the testimony of African Americans irrelevant to the law’s focus.
In a powerful dissent, Associate Justices Joseph P. Bradley and Noah Haynes Swayne argued that the Kentucky law effectively perpetuated slavery by rendering Black witnesses unfit to testify. Justice Swayne previously encountered similar issues in a Kentucky robbery case during the United States v. Rhodes, which he had moved to federal court in 1866.
The Aftermath
The Supreme Court's decision sent the case back to the state court, where Blyew's trial resulted in a hung jury. However, before he could be retried, Blyew escaped from prison in 1873, only to be recaptured in 1890. He was found guilty of murder and sentenced to life in prison, yet he was pardoned by Acting Governor William Jackson Worthington on December 8, 1896, due to doubts about the evidence against him. Blyew was later reported to be living with his daughter in Ohio by 1900.
Kennard, on the other hand, was found guilty of murder in 1876 and sentenced to life in prison with hard labor. His decision not to escape, even when the opportunity arose, reportedly influenced the jury's decision to spare his life. Governor Luke P. Blackburn eventually pardoned him on health grounds on March 28, 1885. Kennard lived until April 5, 1923, when he died at the age of 82.
Conclusion
The case of Blyew v. United States remains a significant, albeit troubling, landmark in the history of American jurisprudence. It highlights the racial tensions and legal challenges of the Reconstruction era, reflecting the broader struggles for civil rights and equality in the face of deeply entrenched prejudices.
Sources
- The Kentucky African American Encyclopedia
- Justia Law - Blyew v. United States
- Stanford Law Review - Blyew: Variations on a Jurisdictional Theme
For further reading, visit the Wikipedia page on John Blyew.
No Recent News
No recent news articles found for this case. Check back later for updates.
No Evidence Submitted
No evidence found for this case. Be the first to submit evidence in the comments below.
Join the discussion
Loading comments...
Foster Family Attack
John Blyew and George Kennard attack the Foster family, resulting in four deaths.
Supreme Court Hearing
Blyew v. United States is argued before the Supreme Court, addressing civil rights issues.
Supreme Court Decision
The Supreme Court upholds Kentucky law prohibiting African Americans from testifying against whites.
Federal Court Conviction
Blyew and Kennard are convicted in federal court under the Civil Rights Act of 1866.
Blyew Escapes
Blyew escapes from prison before retrial after a hung jury.
Blyew Recaptured
Blyew is recaptured, found guilty of murder, and sentenced to life in prison.
Blyew Pardoned
Blyew is pardoned by Acting Governor William Jackson Worthington.
Kennard Sentenced
Kennard is found guilty of murder and sentenced to life in prison with hard labor.
Kennard Pardoned
Kennard is pardoned by Governor Luke P. Blackburn on health grounds.