Brownlow's Knoxville Whig. [volume] (Knoxville, Tenn.) 1866-1869, 1866-07-04
CHARLEs BRoTHERs. in amor. =. nee ,

AND ALVIN HAWKINS.
THOMAS Il. CALDWELL, Attorney General and Re-
porter.
CHARLES BROTHERS, in error vs. THE STATE
Thss indictment in the Circuit Court of Rutherford
county against Charles Brothers, free of color laid
in the Indictment for horse stealing The jury found
dict OF guilty and h1ed the term OF the prisoner conane
ment in the penenary for three years There was
for trial. which Overruled by the court and
from which an appeal error prosecuted to this court
The proof shows that alleged offence
Mrs Brothers. previous
of the alleged offence and at the time had been acting
free and occasionally working for his mistress under
The Circuit Judge among things excepted to- in
substance charged jury That if it appeared
proof that defendant of the commission
alleged offence, was in fact slave the court would never
thees jurisdiction the but that the punish
would be different from that inflicted upon free man
color. In that event the jury could nflc such punish
they might deem proper provided did not extend to
life or and confinement in the penitentiary
mode of punishment recognized by our the jury II they
proper could fix the punishment OF the defendant by
the penentary for PERIOD provided 1t be
less than year. or such other punishment as they might
proper. 81, tho .h.-oo +bsro .xo.rtio,, and
sisted here that the Circuit Court had Jurisdiction to
such punish by confinement in the pententary.
question that presents itself for
ton whether the prisoner by law free
the time is alleged this offence committed
be proceeded against such IN this prosecution Much
might be said in relation to the status of the slaves in this
State consequence the military operations
States but we do not deem necessary or pertinent in the de-
termination of this enter into that wide and
field PRACTICAL
Of this case that the people OF the state felt necessary for
ma abolish the legal existence of slavery in Tennessee
1860 which the amendments the constitution
ratified slavery had little practical existence
purposes compel the courts to recognize subsisting
Institution 1t still existed to speak, in quasi legal form
the question presented that such feeble
tin s free man of color? We think not The case Of
the State, 9, Hump 3OS, which in conformity
ruling of this court decisive of this ques
This which negro indicted free
man Of color selling pirituous liquors proof
that his MASTER about BEFORE had told him he
Judge Green, delivering opinion the
court said The only question here is whether upon
And think he 1t is true, Honor
dom his could his dominion
make him slave And if the master refuse ap
might petition his behalf but until this is done
eancpated according the forms of the laws he does
And again learned Judge, in the opinion says
State through proper tribunal his freedom
Waving the present effect the late produced on
whether the emancipation
slave be given through the legally constituted tribunals
of the country or by the people at the or whether
it be for the emancipation of one the whole The
principle the And in this view of the case, concu
Think of the question under consideration.
The question being determined that the prisoner legal
contemplation slave had the Circuit Court jurisdiction
of the case Prior TO the adoption Of the CODE IT IS well set
that the Circuit Court had original jurisdiction of Of
case Of Nelson vs. the State Hump SIS 53 aud again
in Ann the State Hump l5I the says
include charge mansaughter because by the
So murder committed by sa-e is declared he
nal uriscton to the Circuit Cou of all offences
committed by slaves which are Punlhabe with death and as
manslaughtr not punishable the Circuit Court has
Both these cases we're indictments murder and involve
Slaughter But in the case Bennett vs. this State swan
trial proved to be negro black complexion and with
any proof ervude the legal presumption
that from his COLOR the court held that there was an ut
Of jurisdiction in the Circuit Court to try the
The trial OF crimes or offences committed by slaves prior to
statutes of which have been substantially
By the l7I Oh. ~ is, q Scott Rev.
a. crime committed by slave to be tried before
three Justices and four freehoers and Shareholders and
ished at their discretion.
By the act Of l7s3 ch. H. > Rev, 97g trivial
offences to be tried before one Justice and punished not
that the offender deserved greater punishment he was to
ch 1885, sec l. q Scott Rev 246 247 in Nicholson and
Caruthers conn., the 4Sh section of the act of l74l
peaad and provided that offences committed by slaves
before three Justices and frsehoers
Shareholders, and if found guilty they shall pass such judy
according their discretion, the of
or offence shall require.
By the act Of Isle ch 49, Sec murder arson burglary
and robbery declared capital and punished with
death and all other offences be punished heretofore
provided punishment in shall extend to life OF limb
law with reference this peculiar class Of OMEN
have stood prior to the adoption Of the CODE see
Nelson the State, DBL ojz The code mas d 5
changes The old statutes colated ana
with addition and enlargement earrleJ i fs6Id
The domestic tribunal OF three Justlces anu nin s
Shareholders altogether dispensed wlth anu the ur'
aGsrate By section 2629 provided that the
t and Criminal Courts shall have exclusive jurisdiction
of all CAPITAL offences committed by slaves And by section
0 il declared that all other offences committed by
slaves NAV be by single Justice of the Peace
Section declares that "eyery indictment against
slave for murder shall be held to include charge OF man
slaughter the Circuit and Criminal Courts shall nav %
risdctiOn the trial Of slaves charged with ma
This contains the only clause to be fouhd In Inc
which extends the original jurisdiction OF the C
cult Court in cas Of crimes by slaves and must
construed as an exception the two preceding
Of code, the Circuit Court, as was held
the the State and Ann vs. the state had
no of granddaughter when committed by slave,
even when the charge the indictment was for murder and
manslaughter To meet this
on in the former statutes and enable the Circuit
Court after lawful jurisdiction of under the
offence, to punish the accused for the less
osne without referring the inferior tribunal
most clearly the intention of the Legislature But the
not extended TO other class of cases, as uy
ne following Of the CODE By section 4V IL - pO
a slave is charged with VI
yther ofense capital which, to the naSist U gi
carried examination, shall appear 70 - 80.
a punishment thdh IOrty
subpWneas, necessary, 10
witnesses, ana PrOcee 10 NY the
cused in summary and sentence and award exc
utiOn according to law .
ion gl3 pIovid if the oense the slave
pprhende appears the Justice to be of such as
deserve any greater punishment than forty stripes
shall commit him to jail for trial the application
owner admit him to ball. he giving bond double the
aue slaves for the slaves appearance court
From these several provisions Of the taken to-
ether it apparent that all ofenses by slave
kept such expressly excepted by the such
capital and punishable by DEATH might be examined be-
single Justce of the Peace and if the
trivial and in his opinion deserving greater nun.
81