Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1868-01-22


being. The owner held, under its provi-
sions, right of property in his slave; he
was liable to sale for his debts; upon the
death of his owner he descended and
vested in his distributes. But this right
of property existed under the local law
only. The law Of slavery originated
in force, bat lit had become engrafed
upon our social systena, and previous to
the war the rights Of property in slaves
was as secure as any species personally.
The attempt Of the people Of the State
to throw of their allegiance TO the
government of the United States resulted
in war, the consequ uences of which was this
species Of property became contraband Of
war, and is thereby controlled by the Frin-
ciples Of International law and Of the laws
of war. The law of nature and Of nations
have never acknowledged slavery. 1t was
the result of force, and when the power that
held him IN bondage wasremoyed or broken
hisshacxles fell from him. .s--
"a slave stands in two relations to his
master, and to his masters sovereign that
of an article Of property and that of a
tht.i.Iaa being. As a moysble ehateei, by
the laws Of war he would not be transferred
from the private citizen to the occupying
power. EXCEPT as a contraband of war. A
test could only be applied to males capable
of military service or of labor in times of
war; but as persons capable of being used
BY the will Of the master or his State, irre-
spective of his own will, in war or as labor-
ers, the occupying sovereign has the right
to transfer their service from the enemy to
himself. They are so directly liable to the
State control in war, that their conditions
follow the fortunes of war-and as slaves
are grouped in temporary families with
rights of, at least moral, in the service,
affection and duty one to another, the
transfer includes the families as apperten-
ant to the laborers. Their emancipation
Is as complete as their mere transfer would
have been--Dayner's motion, 34I, note
"Ap A war existed between the United
States government and the people Of the
States in rebellion. The executive and
legislative department of the government
recognized state of war. The reYolted
States were declared to be in insurrection
to the lawful authority Of the government
of the United States. The whole military
and naval power Of the government was
used to suppress and restore the lawful
authority. Belligerentrightsw were accorded,
and the insurgents were treated practically
as belligerents de fnctO. The people of the
State of Tennessee had been declared to be
in state of insurrection to the Federal
government, and were regarded and treated
as enemies. II can make no difference
whether the owners of the slave vas loyal
or disloyal, he resided within the enemy,s
territory.
The Supreme Court of the United States
in the case of Mrs. Alexander Cotton, 2
Wallace, 419, say This court cannot in
quire into the personal character and dis
positions of individuals inhabitants OF
enemy's territory. We must be governed
By the principles of public law so often
announced from this bench as applicable
alike to civil and international wars that
all the people of each State or district in
instruction against the United States
must be regarded as enemies until by the
action of the Legislature and Executive,
or otherwise, that relation ia thoroughly
and permanently changed
Such being the status of the people OF
the State of Tennessee, as declared by the
highest judicial tribunal of the land on
the oath of April, 1863, instructions were
prepared and issued for the government of
the4ai5aieS of tile lUnited States in' the
field, by order of the Secretary of War,
by Francis Leber, LID, revised
by a board of military officers
and appended by the President of the
United States, and are known in the
series of orders issued as No. 100. These
instructions embody the principles oi
| international law and the laws Of war; rs
|! recognized by the civilized nations oi
the earth. Section AZ of said instructions
/ on the subject of slaves is as fellows
"Slavery, complicating and eonfounding
the ideas of property, that is of a thing
and of personally, that is of humanity
existed according to municipal or local
laws oaly. The law Of nature and nations
has never acknowledged it." M ii.
The digest of the Roman law enaets thG
early diettm of the Pagan jurist, that 30 fal
as the law of nature is concerned all mel
are equal FugitiVes escaping from ont
country in which they were slaves, villain
or serfs, into another country, have TO
centuries passed been held to be frei
by the judicial decisions Of European
countries, even though the munioipa
country in which the slave. had takeI
refuge, acknowledged slavery withii
its own dominions. Therefore, in /
war between the United States and
belligerent which admits Of slavery, If ;
person held in bondage be captured by, o
comes as fugitive under the protection c
the military forces of the United States
such person is Immediately entitled to th
rights and privileges of a freeman" sue
being the rules Of international law az pre-
mulgated by the highest military authorit
of the government, giving to these rules {
law that broad and liberal constructio
that is always applied by the courts in fave
of human liberty. The slave of the be
ligerent as soon as he comes within th
lines of the United States forces, or they Al
extended over him, the chains that boun
| him are broken, and he stands forth "r
deemed, regenerated and disenthralled,"
freeman owing service only to his God an
his country. ~
What is the legal effect of these prime
| Piles upon the rights of the plaintiff2 ~
slave Ellen and her son were hired
| Owen Blackman for the year 1868. I'll
hiring ceased at the close of the year
was her duty TO return to her master,
the law Of slavery as il existed previous
, the war. If abe refused or failed to do 9
} having no written permission TO stay
the town of Clarksville or elsewhere, 81
J was liable 10 arrest and imprisonment as
i runaway, but she was within the Feder
/ lines; love of liberty prompted her
] remain under the protection of the mililal
> authorities and she, therefore, falls wit
J in the rules of international law. Tn
! superseded the local law, and she theret
became free. The rights of the own
> ceased as soon as she placed herself and q
; under the protecting influence OF the armi
: of the United States.
f The laws of war recognized them
3 human beings, in which no right Of prope
r ty could exist. 1t follows, therefore, q
. plaintiff had no right TO the services Of q
q negro Ellen and her son for the year 1S6
a and is not entitled to recover. The co
: clusions Of the Circuit Judge were CORES
. that the slaves were free, and think q
l judgment, therefore, ought to be afirme