Brownlow's Knoxville Whig. [volume] (Knoxville, Tenn.) 1866-1869, 1868-12-02

ruor.s ". oO,pwrrr, ArrOnsrr GENERAL Asp nEroiTrR
SOLOMON MREYNOLDS RS. THE STATE OF TEN
NESSEE
The Tlauta in error free man Of color was indicted
AZ the January term S67 Of the Circuit Court of Mont
gomery county for bgamy BE was arraigned aud tried
the Of the court before jury Of the county
aud convicted aud sentenced TO two years mprson
meut in the penentiary Of the State. Motions for a
new Trial and IN arrest Of judgment tered and
severay overTulod from which he has appeod 10
10 this csurt The facts Of the substantially as
fufuwr
In 1850 the plaintiff in error was slave the properly
Of Wilsoa @. McRynOiis, a citizen of Montgomery
county, Tennessee During that year the plaintiff in
ror and Eliza Elder, slave, married. The mar
rage rites were soomnizej by Fred Martin, colored
preacher il by and with the consent Of the owners
Of The slaves They continued 20 live together
and wife until about the lst Of January, 1857 they had
one child On the l7h Of January the plaintiff in error
procures license of marriage from the County Court
Clerk Of Montgomery county, and the rites Of marriage
wero soemnizod between the plaintiff in and enc
Betsy Edsingon a free woman Of color. On the trial Of
the case the court, after lengthy and elaborate charge
70 the jury sumaod ap hr conclusion upon the law Of
the follos IL the proof shows che plaintiff in
error had prior his freedom, contracted marriage
with a wOmeu Of his color and lived with her as her
husband other words, that the two lived together
and wife, they are legally SUCH and if the plaintiff
in error has married another women while his wife he
may have first married living, be is guilty charged
in the indictment, ETC., ETC.
This is novel case and presents an interesting quos
ton and is of great importance, involving tho do
nestle relations of that class of persons who have been
recently released from the condition of slaves and given
the rights and privileges Of free persons For the deter
minaton Of the question involved II is necessary to look
the statutes and conditions OF these persons while in
state of slavery, aud what rites and privileges
accorded them. Tho municipal law did not recognize
the rights Of marriage between slaves. They had no
civil rights except when the rights of freedom IN
Vowed in which case they could prosecute suit by their
next friend in affecting his life he tried
a freeman unconditional Submission 70 the will of the
master was tho duty Of the slave he was protected in
life and limb from bis violence they permitted to
select their wives and often married by preacher
Of their own race sometimes took up and oohabod
gother and recognized husband and wife by their
owners. They were generally happy aui contontcd ia
their humble condition; the Of tho future did not
press upon them; their wants were supplied by their
owners, and their children provided for, but the nsu
ton has ceased With all Of it's complications, and they
given the rights aud privileges Of citizens. il
has deYoved upon the the duty Of declaring the
rules Of law applicable to them their domestic rcla
teens growing cut Of their changed condition.
The slave having civil rights could they contrac.
in marriage while In state Of slavery, to be bind
ing upon them after their emancipation Marriage IL
dehned to be a civil contract Lord Ruborton Scot
fish Judge ia passage aPprOyiugy quoted by Judge
Story and by Bishop, in his work Mand. r. Soc s
Gays It is contract sue gcRoris differing in some re-
specs from all other contracts that the raes Of law
which applicable in exPoundiug other contracts may
rot apply 20 this
The contract Of marriage is the most important Of All
human transactions, is the very basis Of the VIII 5le
fabric Of civilized society. The status of maria re is
iurisgentium and the foundation of L. like that of
ether contracts rests on the consent of parties but diff
fsr from other contracts 10 this that the rights obia
TONS and duties arising from il not left entirely to
be regulated by the agreement Of the parties but
a certain extent matters of municipal regulation ever
which the parties have cOatro by any declaration
their will II coners the status Of legitimacy child
rem born in Wedlock with al the consequential duties
and privileges thence arising II gives rise to the rea
fiarea q s,ffvr =
vsdes the whole system of civil society. Unlike OTHER
contracts cannot in general among civilized nations
be dissolved by mutual consent and it subsistS IN fan
toFce even although Of the parties sheud be forever
rendered incapable in the case Of incurabe Rssaiy
tract w
In this State the common law was changed and mar
RACES are contracted and governed bv municipa law
The statute laws Of the State ere appleahle 40 free
sons ana ad not apply to this class Of persons at the
Gne OF these marriages, when in a state of slavery
ia.s 6,a I'm, Oens no statutary law recognizing
eo' De'"oeu slaves, we must look 70 common law 20
&c Us enect upon persons who are not within the tle If
municpa Law, and be governed in our copcl,sio, no
analogous principles. =
At common law il is the 5..l,r,4 800. -, Il,
70 me act OF marriage which makes ii LEGAL s,cb % ~
- net assent shall be bound. Though The slsvo
maze no c'il contract, and the muniaipaI law l;5
o' recognize the state Of marriage between slave IL
marriage was in legal contemplation void and ~ ~
so could grow cut e relation while in So,
sa,ery' must be admitted there was the more -
a ar a.
- we're usually married by of their own ,ncs -
so6e1heI as man and wife. What is the Local -.
"a SuOu marriage after their manumissiong I'm, -
ues 0puOhuihg 70 eoha6it a. man and wife Rv tbccl
mon law II boy under fourteen or !. ,irl i , IN
years Of age marfies Che marriage il incboba eve
perfect and when either Of them come 40 he a., ~ m
sent Aforesaid, they may disagree and lcri,- 49, ~
mage void without any divorce or sentence In r. i
ual court but il is so far marriage hst n al ~ P
conseet they agree 20 continue together iby - - 4
married again. q Black CON- 4s54 Ttis - ~ ~. ps
uea rule where marriages have been entered into -
one Of the parties laboring under Temporary ins,ri,
tne Parties continue to eohabit after lucid iDtcr.f
Sohsbtation will render their marriage good I3il,
On N and D. s. s. i4O) This principle was scfteJ S
~ Soort N tho case Of Cole VS.. Cole Sueed 81
court says IF the proof established the wife wa
mind at the ime q the marriage there il
abundant evidence that she was afterwards Restored a,
va porafily, and did not rcpudiate but her -
no conduct recognized the validity Of he ptrrag
o-il, o1 ISgannZ bis reason may affirm marin.
so'i-eSo Nalie lac was insane and This vtba, -
-,, soselhiIaaon In support Of his rrinI ~
49,, n q 70 BISHOP, 5. s. ie9 Q Melcaif Ia i ,'
1tfsiiy, 80 ftihelfies h the case uUder
- t.1 = "a error, Wide in state .f on
r,-8sieo Aecofaing - tas usage ana cry Nai
They continued h live together a. maa ana We Ts,