Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1866-05-16

THE Lara DgCIsIoN OF JUDGE LAWRENCE n
THE CASE or ELLA STEVENSON vs.. JAMES b. HAL-
LuMs.-We merely made synopsis of this dccis-
ion in our issue Of Saturday last We doubted at
tho time the consistency well A. legality Of the
decision; and after a more critical examination Of
the points assumed and the conclusions deduccd
from them, and learning the facts as they are,
connected with the suit we are forced to pro-
nounce the whole proceedings farce. an as
sumption Of authority without precedent, and I'M
Imported by any act Of Congress.
Taking the positions assumed by Judge Law
renee, the conclusions that he deduced from them
do not strike cmanating from II legal mind
but q smack Of the mock sentimentalism Of him
who dcihcs the negro, and pervcrts every fact and
warp every conclusion TO suit his own peculiar
views We understand that this case was hereto
fore fully Investigated by the courts when the
plaintiff sued for her freedom, and a verdict was
given 10 the defendant. Every citizen of Ten
nOssee knows that any slave could sue for hi
freedom before cur courts. aud that they always
extended the amplost protection in such eases un-
oil the decision Of the cause.
The Judge in his learned opinion makes no re
tcrcnc" 10 It's having been before courts. that
hH"'r The lar, or that it had ever been adversely
decided against his protegc. lie goes into long
homily upon York Freeman, the father Of the
PLAIN tai, who was a great politician aud Democrat
thrh-,in ls}1)-is more than questionable. rs at
that time parties were not known as Wings and
Democrats But he says York was thriny-kcpt
grocery, traded. &c, that he bought his wife and
wis's sister. but could not buy Ella as she be-
longed Bull who would not sell her. but when
she was in market hc procured the defendant TO
buy her there were difficulties about cnanci-
patton, account Of the rrcprcssible conflict
suppose there we're difficulties about emaucipa-
ton, though they never were any greater than
when he bought his wife and her sister still there
was no law then. nor ever at any time, against a
free negro buying slave. lie could then just rs
well have bought Ella, his daughter rs he did his
wife aud sister law If he had had the money
The idea Of man getting alarmed and making
deed Of trust a deed Of gift or an absolute sale
of his property. because he had been or was like
ly 20 be indicted for tipping, Is the nercst stuff
as the fine in such a case was not generally more
than five dollars and could not have been more
than fifty. by the Court. This is so absurd rea-
son that even Judge Lawrence ought 10 be
ashamed of IL.
Moreover this fear Of Indictment or pscuniary
troubles could not have operated upon him to
make the decd Of trust or deed Of rift TO Halums
Il was not his wish to get clear of all his property
on account of troubles of any kind; if 50. he did
not 40, omrlsh Il by making deed toIIallums for
his land for be -till owned slaves his wife and
sistcr-u law, both of whom would have been
subject TO execution for his debts The absurlity
of this conclusion grows upon rs the moro we look
into the facts of the case.
The Judge then goes ON iudcially to declare
void deed made to llulums we believe, twenty
one years ago, overriding former decisions. the
statute Of limitations" and many other legal
obstacles which would have stopped larger in
deciding the case. We infer that the main aud in
ducng reason 10 do so. rs he dwells upon it q
good deal was that York Freeman had made the
decd to the defendant in which he devised the
land 20 his WIFE aud hrit trW registered Now
We always thought that the greatest novice in
Chri-tcndom knew that a will had no binding cf-
feet. whether registered or not until the death Of
ITS tcstutor. and that hc had at any time. during
his life, right 10 change or alter or abrogatc al
together: or To sell all the property devised. We
shall not attempt TO argue the legal questions
arising in this ease. They suggest themselves TO
every lawyer and thinking man in the communi-
~. We have no preiuiiccs against the negro,
but think that white man Is almost rs good as
negro aud ought 60 have cqrul Justice and equal
law administered to him in a country where he is
still permitted 20 live When Congress and our
Legislatures make mo- distinction rs 10 right be-
tween the races then those rights ought 10 be
held sacred 10y all gotuis that pretend 10 he gov
crnci by the laws as they have heretofore stood
and now stand.