Marshall County Republican. (Plymouth, Ind.) 1856-1878, 1865-05-18
A Judicial 0utlawry Of Slavery in
Tennessee,

The frs, legal decision on the status Of the late
slaves Of Tennessee was rendered recently al
Claiksvillc by Chancellor Shacklefonl
Cyrus Winston, free min Of color, filed a pc
tit:on praying the custody of four children, whose
mother was slave. at the time of their birth, and
consequently the children were slaves, unless made
free by the recent popular change of the Consttu
ton, which now provides thit slavery shall be
forever abolished in Tennessee. and that the Leg
islaturc shall pass no laws recognizing property
in man. The Chancellor, after describing the
ruin brought upon the State by its particp ,tion in
rebellion, and Of the temporary destruction OF the
State Government by the treason and light of It's
officers, proceeded to speak Of the inherent right of
The people to remedy the evils under which they
abored and for their action in establishing civ
il Government. as follows:
In this condition Of things the loval men of the
! country believed they had a right to remedy the
evils under tice the lst, "decarlton fri.hts,' -
section lst of the Constitution Of the State OF
Tennessee, which follows:
THAT all power is inherent in the people, and
all free Governments are formed on their authorize
aud instituted for their peace safety and hlppness.
For the advancement o. these ends, they have at
all times an ndefeasible right to alter, reform or
abolish the government in such manner as tliev
may think proper
According to the provision OF this section, the
right to make such changes in the Constitution of
the State as the necessities of the times nav de-
mard. provided that those chinces do not conflict
with the Constitution OF the United States, which
! is the paramount law Of the land.
Under this section of the bill OF rights. convcn-
tion called by the people TO meet 1t Nashville
on the 18th of January, 1863 Primary meetings
were held in n ma oriiy of the counties, and dele
gates were chosen to that conven.io,, AMI more
than FIVE hunircd people met in the convention
| at Nashville, and the amendments aforesaid
were submitted TO the people of thu. State for
thcir action the 22I of February, 1865: also, n
proposiiicn to elect Governor and LEGISLATURE
by which the powers of the state could be- vital
lied. and the functions of the GOvernm restored
To their original status. The loyal men of the
State, holding the doctrine that the status OF the
State in The Federal Union could not be broken up
or changed. that ali that necessary vittlize
the State was to fiji all the offices OF the State
which had been abandoned by their former incum-
bcnts, and start the machinery Of Government.
On the a2d OF February, lS65, an election was held
in majority Of the counties. and in every county
not held by the public enemies of the country.
votes were cast on the propositions submitted,
and large majority OF the votes cast on tha, dav
were in favor of the adoption of the amendment
proposed, rs appeared from the proclamation OF
the Military Governor of the State. An election
for Governor and Tor members of the Legislature
was held on The i4tli OF March thereafter. The
power exercised by the people under this section is
not without precedent The Constitution OF the
State of Michigan adopted by convention
formed by members, as chosen in primary meet
ings and submitted to the people, and met the ap
proval Of the Senate of the United Stat.s and she
was admitted as State in the Uniou.s
The genius of the Anglo-Saxon race was ex-
,pIsf " A IL,
they have existed "a a nation, their efforts have
ever been to have laws and a constitution for their
Government, and protection OF life. liberty and
property. And Can it be for a moment believed
that the people Of State had not the right TO
meet in convention and submit propositions to be
voted for by them which would give protection to
life. liberty and property
| These amendments having been adop.ed by
the people OF the State Of Tennessee, on the 22d of
FEBRUARY, 1o65. they have become par: of the
cons'itstion the State, and slavery or involun
tary servtude within the limits Of the State ccas
ell to exist except punishment for crime The
shack.es which had so long bound the slave and
his ancestors Tell from him. and he stood forth as
free man entitled TO all the rights and privileges
of free persons of color. He can 10 longer be
bough. and sold; husband and wife. parent and
child, can no longer be separated by the will OF
! the master. aH POS
Cyrus the father, has n natural right to the care
and custody of his children, the petitioners; and
such had the right in the courts Of Tennessee to
present the petition in their behalf against any one
who held them in custody. BY the Laws OF Ten
nessee, courts are opened to freed negroes to sue
and be sued, for the collection OF debts. or the re-
dress OF injuries They have the same RI sht to the
protection of the laws as white men.
In accordance, with this opinion, a judgement
was rendered Tor the delivery of the euiranchscd
slave children to their father. We have in the ac-
ton of the loyal men Of Tennessee an earnest of
the radical change which the war has produced in
the opinions Of the southern people, and a guaran-
ty that if reconstruction is cft loyal Sontherners
| they will everywhere make short work of slavery
and every other melting cause of rebellion.