In Thomas Henderson and Thomas Calloway v. The State of Tennessee, the plaintiffs in error argued that they were wrongfully convicted of larceny by a jury trial in which African Americans were excluded from serving on the jury. They claimed that this exclusion violated their rights under both state law and the Fourteenth Amendment to the United States Constitution. The Supreme Court ultimately ruled against them, finding that while it was true that African Americans had been excluded from juries in violation of state law, there was no evidence to suggest any intentional discrimination or prejudice against either plaintiff based on race or color. Furthermore, since neither party had raised an issue regarding racial discrimination during trial proceedings nor presented any evidence related to such issues at trial, there was no basis for overturning their convictions on constitutional grounds.

Justice Catron, in his dissenting opinion for the case of Thomas Henderson and Thomas Calloway v. The State of Tennessee, argued that the state's law prohibiting African Americans from testifying against white persons was unconstitutional. He noted that this law violated both the United States Constitution and the Tennessee Constitution by denying equal protection to all citizens regardless of race or color. Furthermore, he argued that it was a violation of due process as it denied African Americans their right to testify in court proceedings involving whites. Justice Catron concluded by stating that such laws were not only unjust but also contrary to public policy as they deprived individuals accused of crimes with an important source of evidence which could be used in their defense.