Brownlow's Knoxville Whig, and rebel ventilator. [volume] (Knoxville, Tenn.) 1863-1866, 1866-01-24
Decisions of the supreme Court,
ROSE PORTER, nert friend to Geo. Porter, ct q
4 Ri Ak1LS 40 z rI.,a.


This is bill fled in the Chancery Court at Shell
byvile in 1852 for the emancipation of Geo. Porter
Jr. Martha Porter and Jane Bell Porter persons of
color, by their mother and next friend Rose Porter
free woman Of coler.
The facts of this case are peculiar and sinpularlv
Illustrative of the character of the institution Of
slavery as it once existed in this State It annears
from the record that George Porter Sen the father
of compliments and husband of their next friend
was once the slave of John n. Porter, and that by
his industry and fidelity he soon the affections
of his master, that he granted him the privilege of
purchasing his own freedom at price greatly be-
low his actual value After his own freedom was
secured, through industry and economy he purchas-
ed his WIFE with whom for many years he had lived
and cohabited husband and wife in state of bon
dage and by whom he had six children born during
the bondage of the mother whose legal status fol-
lowed hers. He emancipated his wife, and they
were afterwards lawfully married, and began life
anew. They were prosperous and attained repu-
tstion for industry and integrity IN the community
where they resided of which the most favored of the
race might well be proud Their great struggle ap-
pears to have been to procure the means necessary
to purchase and emancipate their children, still re-
naming in servitude.
One after another of the elder children were pur-
chased and set Free but before the desired object
was fully accomplished, John n. Porter gave the
complainants to Thomas n. Porter, who held them
as slaves but in kindness and sympathy for father
struggling TO redeem his own children from bondage,
he permitted them TO remain with their parents and
repeatedly declared his purpose never separate the
family and as as the father was able to pur-
chase them to allow him to do so. The parties re-
NAMED Tor some time in this condition, and Ihos
n. Porter died, leaving no will, and liabilities be-
yond his personal estate TO pay. Administration
was granted on his estate and it was found neces-
sary to resort to his slaves to pay the debts.
After consultation with the widow of the deceas
ed the complainants were selected to be sold to raise
the means necessary pay off the debts of the estate
and to secure against loss account of the con-
dition IN which the compliments were then living
All the necessary steps we're taken to obtain an Or
der of court TO sell compliments, and in the petition
for the SALE it is alleged as ground upon which
the sale should be ordered that compliments father
was prudent and discreet money making negro
and that he had bought himself, and then his wife
and some of his children, and claimed to have con-
tracted at $1,000 for the purchase and freedom Of
his ether children, and on that account it would be
for the manifest interest of the estate they should
be sold.
Under this state OF facts the sale of compainauts
was ordered, and they were afterwards at public
out-cry, sold, and purchased by the father, George
Porter, Sen. Sixty dollars of the purchased money
was paid in hand and note, with security. given
for the remainder, 1890.
George Porter, Sen had several children after the
emancipation of his wife, which, together with those
he had by purchase rescued from bondage, made
large and expensive family His means were linn
tied, and all dependent upon his own Industry and
enterprise for support. One of the compliments
George, became dissipated and worthless and added
greatly to the old mans difficulties His debts pres
sed heavily upon him, and year after year he became
more and more embarrassed. His friends, sympa-
thiZing with him, and one of them, Blackmore
loaned him the use Of his name and credit by which
he raised the means necessary to pay for his chill
dren, which we're promptly applied to that purpose,
and the debt fully discharged. But still he was
bound to Blackmore, and others who had assisted
him, and anxious to pay them. He often spoke of
his embarrassments, and at times while speaking of
them, moved to tears, and declared his purpose
rather than his creditors should suffer- to sell his
children; and in his extreme difficulties, did actual
y convey his George in trust to secure his cred
tors.
But in the midst Of his pecuniary difficulties, q
more insuperable embarrassment interviewed. His
health gave way, and after protracted illness he
died, without having emancipated his children or
leaving a will behind him. The defendant Black
more, being large creditor administered on his
tate, which was found without holding compliments
as his slaves and property to be hopefully insolvent
Judgments had been taken against the old man in
his life time and after his death executions is
sued and levied on George and Martha, two of the
compliments, and they were confined in the county
jail to await sale under execution.
Under this state of facts this bill fled setting
up the rights OF the compliments to their freedom,
under the agreement Of their father with Thomas
y. Porter in his life time which was as it is insist
ed, after their purchase by their father again by
him, confirmed by parole promise and agreement
to complainsnts; and praying that by attachment
they be taken into custody and hired out BY the
ter, or restored TO their mother until their rights
could be declared.
The answer of the administration, and other au-
ditorS who are made parties either denies the essen
tial allegations in the bill or insists their proof
It is admitted that George Porter, Sen, had pur-
chased and fully paid for compliments but II de-
MES that he ever made to compliments any agree
ment or promise OF their freedom which court of
equity would enforce and insists that complainants
properly assets in the hands Of their fathers ad
ministration which may lawfully be applied to the
payment Of his debts.
The chancellor dismissed the BILL and ordered COM
plainants to be delivered up to the administrators 10
be subjected to the payment of the fathers debts
From which an appeal in is prosecuted to this
court.
Since the appeal in this case the war, Of which
this court is bound to take judicial notice great
historic fact, has interviewed, and the people, by
amendment to the constitution of the State has set
tied forever the hts of the compliments. They
now need no reversal of the chancellor's decree to
save them from the hands Of the administrator, or
TO perfect the cherished purpose Of the life of their
father. They free by the fat of the nation rat
fled and confirmed by the people of the State.
The decree Of the chancellor need not, therefore,
adjudication of the costs il this cause And the only
question IN this class Of cases that is now open in
Tennessee for discussion, is really question Of fact
The law, by series of we'll considered and unbrok-
en- decisions is well settled. In this State it is clear
before the abolition of slavery by the adoption of
the amended constitution that the master could not
enancpste his slaves without the consent of the
State But it Is equally clear well settled prin-
cpes, as we'll at common law by the current OF our
own adJudcatlons, that the owner can part with his
right to property in his slaves and thereby vest them
with an inchoste right to freedom. This may be
done says this court in the of Lewis vs. Linn
anlan, Hump, 1875, "by deed, or will, or even by
parol contract with the slaves and if in either Of
these modes the master has parted with his rights
nothing remains to be done to entle the slave his
freedom but the assent of government But although
the right of the slave to freedom is imperfect and
incomplete until the assent of the State has been
manifested by the proper tribunal constituted by
law, and intrusted with the discretionary power of
giving such assent yet the legal character and con-
dtion of the slaves is changed His relations to his
former master, and to the community, are likewise
changed. BY the act of the master imparting to
him an imperfect rig to freedom, he ceases to be
in 8 state and condition Of slavery-ceases to have
an owner or master within the meaning of the law
In the case Of Lewis, ct al, VS.. Daniel, admins
traitor, 10 Hump, 305, which arose on the ConstruC
ton of will that directed the emancipation of GER
tain slaves on the condition that they WERE by law
permitted TO remain in the State and if they were
not by law permitted to remain in the State free,
then they directed absolutely to Daniel, the ex-
ecutor.
In this Judge Hurley, i'll delivering the opin-
ion of the court said - We have heretofore held
that devise of freedom q substantial thing,
whether it be recognized by the State or not, and
that no one but the State interfere p relation