Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-05-25
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OFFICIAL
OPInIens OF she Supreme Court Of the state
OF Tennessees an Nashville, Desember
q Term, 1S5Ss


Z
frs- $50 - ~,
This vas an action on the case 70 recover the value q ssv,
s property Allen, alleged have ben wrOagfuy convert
| I.e5OOo.
The foloSng are he naeE. sc. II ihe M q ~ Jones
nt massage % Allen requesting him to send help About
twenty Eve white ssyentyhge negroes assembled,
dark among The negroes Iac he property ANrH.
About 10 OF O'clock In the night ths slaves ced %
per- and after ssppsr Trey directed " 80
Mast Of them le land Isaac among The nzmber
NAMED 10 the back yard half hour, amusing thsEe EelTes
sresipE. Hhlss Ehus engayed ghlie vhose nU .
oE erscoT stabbed Aim mortality, aad e d n isv
ninztes after 5es had retired into the house ser dctHk
The slaves 20 hone, oehns C ths ans
sent The request Allen Ter help did deli er MESSAGE
tJoHes informed Of his negies 10 until
| time aner The mu,dsr Of the slave.
TheFe nc direct evidence MT tne sase isaas vent . ths
huskug BY the permlssOn with the kn0Wdss of his
Theproos shows that Jss knew tal isaac vas present. aad
sagage in hung With other slaves; ami 1t snOt shown t
his given Lin pcrnon attend II show,
that Jones handei round tnons hquor % & hands Whist a.
Is no insson tAai Isaac, any else intoxicated,
Rh ,o Counts The a N sTo1sr
for Unlawful Of the slave and the ccnd
Jone Knowingly aad unlaxfay SUFFERED ssvs, without
Hrtsn permit or consent from his astsr % go aon his prem
ss win other and being there, employed said
IN husking corn ana Ehs thus employed upon the en
PANT q P''"'''''' 'N'- S'-' ~
The verdi vss urou the oot In rover Ths Court charged
his ber q Know 1beer tie save ss ureSt II he cors
husEng by autots and consent owner And
may have believed hst he vas present IN pursuance Of the
tbc Ssfsnn & ~ y y, - 9 - ~ az - !, b i'm Jn-o1
dominion owner, either by putting
ntary oenssgea in anconinE lis employment AID in ~
oeiYng and approprang his labor 70 his own use that then the
s of the sue in oTer ToT bis vSlue Tat he t
acO0 was not the killing Of the SLAVE By Hager but he
wrongful conversion o. him By he defsndtnt
NE Court EXCLUDED evidence Of tie uage OF the countr Of
neighbors on reauss vnoat spy written evidence of perm ou
or consent
oreumssnr-S ~ ~. 1900 ~ Ss5S - a. ss,
the defendant and II co. shat he appropriste remedy L heth
snt not mereIT a. oneon az nesdrg th = w. 70 -
the proper distinction beEsa the erent r Il action
question On dsmsres In treger he rule N dsra js .
~ the Ofthe properly iOrteusy
converted But IA saehch Is an action founded on ne
pIsirIHs justice md equity 70 receive compensation II
aEazgs STARK Ev 9l2ths damages are 10 m estatsd bT
tbe isTy in view Of ali .ss c-assnes ~ tbs n.-ls
and under the general sus defendant nay give n ey
ieace anT facts Or gt ip ar sejent "a
bar the plaIrtiar seIain IA. - =
s arent fsr The palnia ssues that the dsisndaus vas
guilty positive Az "a IudsrinS the slave 70 re-
upon premises permission
consent and The charge Of the Cos saSeoR
position The ef rO3, eh rnst Der
son persons shAli knowingly permit lave
or houses without a7Te pee Om ths owner, oTersee
person whose employ such slave slaves setting
dollars The 1891 iGS SEC l. forbis aIi Assem-
bases Of ave, In unusua numbers Sapeous
thata ssch asseblges shall be airs by any patrol tie
bounds constable. justice Of the Pe.c And, By the
ond section, ANY son persons Who sail knowingly per
mil any sac asss ably 70 ehed on h Or her and prS
ss or oS.TsssT ao sr his o o IS S sIs
The object OF these provisions obvious enough For
Of policy and necessity Il has been found Indispensable In any
saEehsdng community, provide various POs and patrol
regulations, giving % white other than the
exercise control slaves The Ssy o. cOmmuD y
the protection OF ne peJu and property Of individuals
ssy Of e oEBer properly In bis slaves, alike demand
OF sIc laws But these slatutSy provisions Be
and eoun ed .eesrlng to The manifs intention Of
tn Legislature We are not foTsst suppose that
10 was lOt sht OF - the Legislature, that under modified
sys.sn Of slavery, slaves no. eaG but regarded
IN the tEO fod ehaeter Of persons snd properly Thsi Per
sous, they arc oonsered y law, accountable moral
certain rights have been conferred upon hy positive and
iodieial erninssn and other rivis aad ndug-nces have
Uniform and universal usage, they constituted agents
OF their Owners And their business without written
sutbOriy And In Ike they perform those
nelghb0ry good oos, every conanity. They
mot at ali ss 10 ths service Of tsr ogpe ana are srd
occasions 70 abroad. to attend church. visit those shom
they reaslby Raare; though the relation recognized
BY usicps law exercise ohsr innocent snioYnen
without It's eyer entering the mind Of good citizen demand
scT4AsE authority Of thsm The simple indI
geuee have besn long, and uniformly tolerated. public
!Vu Iav Would It not be absurd to Suppose Ihs the volcs
regulations above nOtced had rence o such us2s.si
entitled lett be conceded that the erad4t in saasns the
sisTe TO come or remain upon has premises Ethout written
pas from ne master vas E1y Of violation Of ne act Of
incurred Pecunsry penalty prescribed Violation
he fsudsn could have successfully de ended nelf
The ground that the owner had in fact given tie slave Ol
license or sent 70 attend the eoTnhuskng We have sed,
mat on an Indictment Tor trading With AsaYe without ice
permit from e Master cannot be set THAI the
MASTER in p9ni Of fact, knew Of and eonsen2 the trading
With his sAye in the given and for the simple that.
J the terms Of the statute which the indictment
eed the evidence Of The master consent required to be in
Arns But, We ilkeVss held a N eona-n Jaw acIoo 70
regain the property received from the slave to
value, the might be reped By shJwug tat in
I'D, verbally, consent to the raale with bis slave
The prnsple, We think IS ake 70 the present
And such may, other Ss established
onsrtin e, st tbs wsnt Sf i.vFitteu ass TouIa \, ~
consequence provided there sufficient evidence
he masters Ter consent, that TIE slave sh I'D att the
,crn husking
Bn slposng that consent Of the master given in any
nat the slave, merely Of his vutoR
deendants premises engaged 10 hussg