Brownlow's Knoxville Whig. [volume] (Knoxville, Tenn.) 1866-1869, 1868-11-25

rarrn 70.
hir, the military authority would have compelled him to
nav she negro also. IL 8, 49, 1.
Whether they would have dons % or net is matter q
eopscre only Their isnolhng IN the record showing
apy action or interference whatever upon the part OF the
military authorities In reference 10 questions Of this
character il this any other case Upon this question
the court instructed the jury In substance that the
plaintiff could protect the defendant By his receipt
then the plaintiff could not recover, and then adds
sBoh alike must DO Jeff 10 the consequences over which
neither has any control"
New We have assumed that under the law as t existed
prior the rebellion there could be question 20
the plaintiffs right TO End have sought in vain
ascertain If thi Law had becn changed aorogased
and II "a when or how The same had been done; GER
tainy Il has not been done by statute and is not pre-
tended IN argument that the municipal Law Of the State
upon this subject bad been suspended altered abroga
ted By the order Of the occupying military power aud
We advised Of say aueh order, consequently Il
osntnuej 10 force and to take ts usual course Then
By operation Of the municipal law the owner Of the
slave his personal SepreauntatlVe, entitled 10
have discharged the liability aud IT, after tie defendant
had paid the plaintiff persons engaged In the military
service lad compelled him 10 pay the woman also, such
eOmpulson would have been unauthorized and the
fast that the defendant aprrehended be might thus be
compelled 10 pay the E0maT also after he had paid the
plaintiff could not operate to discharge him from his
liability to the plaintiff, ami be had right to call up
the plaintiff idemnify him against the unauthor
lied Of any cae whether IN the military service or
not; neither the plaintiff under any obligation to
give snch idomniiy The defendant voluntarily placed
himself in the attitude Of hirer he received the serV
Of the slaves, and the law raises the presumption
that he promised 70 pay 20 much as the same were
reasonably worth. ~Ea5la
The fact that many slaves took refuge inside the Fed
cra lines at CarksTile dill they pleased, hired thcm
selves TO whomsOeyer they pleased and received the hire
without the voluntary consent Of the owners and the adj
3iional fact that many Of the citizens Of ClarkEye
we're forced either to hire such negroes do without
servants cannot operate defeat the rights Of the
ers Neither the fact that Il the prac
tee Of the citizens Of Carksvle 10 hire any negro they
IN Nth
10 change the general laws Of the land II is also
gued that hold the defendant liable in this case would
encourage the bringing Of multiplicity Of law suits and
therefore the plaintiff not entitled 10 recover We do
not know how the fact may be, but if II be assumed,
such result may well be regretted, and upon grounds
Of public policy ought to be avoided by the courts of the
country when can be done without violating the prn-
cipes Of justice and dsregsrdng well recognized rules
law. Bat 10 Investigations, when find that a
Ecrpta est Il is duty declare it the result Is
beyond control The lsW-making power belongs to
another department Of the Government and not 10 the
courts
The Judgment will be reversed and the reman.
ded. HAWKINS, Judge.
DISSENTING OPINION.
cannot with my brother Judges IN their
IL appears from the agreed statement Of facts the de-
feDdant Backman had hired the negro woman and her
Charles for the years 1861 1852 and 1863 In the
year 1884 he notified by the husband of Ellen not to
pay the hires GhosOn but pay them to her. which
he did This suit 10 brought to the hires Of the
year 1854, Of the Ellen and her Charles 1t
appears from the Of facts, that the of
CarksYille during the year 1864 military post,
and occupied by the United States forces that Black
lived in the town Of GAINESVILLE within the lines
that large number Of slaves within the lines and
were under the control Of the military authorities. II
ALEC appears that plaintiff at time soldier in
the Confederate service that Of the distributes Of
the interstate for whom Gholson is the administrator,
was also soldier IN that service. part Of the dis
tributes are ninorE and took part Ia the rebel
lion II is insisted the legal status Of the slaves
was not changed by the to deprive the own
or Of recovering the hires until they emancipaed
on the 22d Of February, 1865.
II is insisted the provisions Of the act Of Congress
Of July 18th, 1882 passed relative to slavery within
the reyolted States, is unconstitutional Without stop
ping TO discuss the constitutional provisions Of that
act and how FAR the law making power Of the Federal
Government has the power to interfere with slavery in
the States it is unnecessary for to discuss the
stitutionality Of the act this does not fall
within lie provisions, but is controlled and governed
by international law the laws Of war.
At the time of the hiring Of the slaves in 1854 slavery
was practically abolished in Tennessee The Govern
enlisted them in their armies, provided for the
families Of the males and treated them freedmen.
The town Of GAINESVILLE occupied by the military
forces Of the United States great number Of slaves
fed from their owners and took refuge within their
lines Within their lines the slave found refuge
and asylum, and free from his masters control
Slavery existed in the State by the municipal law
only. BY the provisions Of that law he regarded
a cbatte and also human being. The owner
held under its provisions, right Of property in his
slave; he was liable to sale for HE debts; upon the
dsa.h Of the owner he descended and vested in his
dTibutees Bat This right Of property existed under
the local law only The law Of slavery originated in
force, but it had become engraed upon sOcial sys
and previous to the war the rights Of property in
slaves any species Of personally The
attempt Of the people Of the Stase to throw of their
allegiance to The Government of the United States
suited in war the consequences Of which were this
species Of property became cOntraband OF war and e
therefore controlled by the principles Of International
law and Of the laws of The law Of nature and,
Of nations have never acknowledged slavery. It was
the result Of force, and when the power that held him
in bondage Was removed or broken bis shaekles fell
from him.
"A slave stands in two relations to his master and his
masters soveregn-that Of article Of property, and
that Of human being As movable chatte by the laws
Of war he would not be transferred from the private ct
zoa 10 the occupying power except as centSaband of
test could only be applied to males capable of mil
iary service Of labor in time Of wars but persons
pablo Of being used by the viii Of the master his State
irrespective ohisown viii, 10 laborers, the
pyng sovereign has the right to transfer their service
from he enemy TO himself They directly liable 70
the State c0ntolin that their conditions follow the
fortunes Of and slaves grouped In temporary
families with rights Of at least moral in the service, a
ocon and duty 10 another, the transfer includes the
families appurenant TO the aherers. Their emaDcipa
ton is as complete their transfer would have
been" Dayners notion SAT, nose a., war existed
between the United States Government and the people Of
tho States in rebellion The executive aud legislative de
partments Of the Government recognized state of
The revoed States declared TO DC in nsrrecton to
the lawful authority OF the Government Of the United
States The whole military and naval power Of the Gov
ernmcn used TO suppress it and restore the lawful
therity. Begerent rights accorded, and the nsur
gents treated practically begerents de facto
The people of the Suite Of Tennessee had been declared to
be in state of instruction 70 the Federal Government
and regarded and treated ensmiss Il make
difference whether the Of the slave loyal
dsoyIl, he resided within the enemy's territory.
The Supreme Court Of the United States in the Of
Mrs Alex audor Cotton Wallace 4Ie say sThs court
iuto lebo and
tons Of individual inhabitants Of enemys territory. We
must be- governed by the principles of public law often
announced from this bench applicable alike 30 civil and
international warshat all The people of each State
district in iasuIreetiOn against the United States must be
regarded enemies until by The action Of the Legisa-
ue and Executive otherwise that relation lie thorough
~ and permanently changed"
Such being the Of the people Of the State of Ten
nessee declared by the highest judicial tribunal Of the
land the 24th Of April 1885, instructions prepar
ed and issued for the government Of the armies Of the
United States in the field, by order Of the Secretary Of
War, by Francis Lieber, LIZ D., revised by board Of
military officers, and approved by the President Of the
United States and are known in the series Of orders In
saed Ne 100. These Instructions eubody the princ
pies Of international law and the laws OF war; rccogn
Eed by The civilized nations Of the earth. Section AZ Of
said instructions the subject Of slaves is follows
"savery, oompiicatng and confOunding the ideas Of
property that is Of thing and Of personally that Is
Of humanity exists according 20 municipal local laws
oply The law Of nature aud nations has never RcknOw
edged IT,"
Ahc ~ keet OF tEe o%tg
Of the pagan urst that far The law Of nature is
cor eerned all men equal FRgitives escaping from
country in which they slaves, villains serfs
another country have for centuries passed been held
10 be es by the judicial decisions Of European coun
tries, though the municipal country in which the
slave had taken refuge Acknowledged slavery within its
doiuions. Therefore, In war between the United
States and abelligerent which admits OF slavery II
person held in bondage be captured by, comes
fugitive under the protection Of the military fsrees Of the
United States such person is immeeisey entitled TO the
rights and privileges Of freeman" Such being the
rules Of international law promulgated by the high
sst military authority of the Government giving to these
rules Of law that broad and liberal construction that Is
in farnr nf human EhariH