Year: 1866

Decision OF the Supreme Court.
JUDGEs-SAM M1LLIGAE, JAMES g. SHAcKELToRD
AND ALVIN HAWKINS.


THOMAS u. CALDWELL, Attorney General and Re-
porter


rTE STAN y. CHARLES DAVIDSON, free man OF color
Prior 70 the ratification dment Of the Constu
,ion of this State tho I'D day Of February 1865 by which
ssIery abolished the dsf0ndsnt slave Subsequent


Court of Nsury county for tho crime Of rape upon free
was srraigned plead guilty, tried and convicted
ofense. The onense committed in the month Of
ing tho defendant guilty charged
ent also found that the defendant slave at the time
Of the oense; thereupon, upon motion, Lis
Honor the Circuit Judge arrested the Judgment upon the
s ha. appealed to this court important
question presented for our consideration Is TINS Can the de-
slave that Of free man Be punished for the crime Of
gord. amendment the Constitution sboshing
slavery this State operate pardon of the ononses
to eniitls the defendant 70 disch;aTsel
importance all classes Of population because of the
recently, have been held slaves in this country and
such capable Of committing crime amensbe
ns laws of the country have been made eemen by the abo
been judcay determined Investigations
aid from the light of precedent but
the pathway pointed out by principles which, believe,
At threshold OF this investigation think may
general rule of law to be- that authorize
me the act was committed il was declared unlawful its
punishment declared and fixed by law, and that there
clothed with and authority


Judgment and enforce the penalty incurred by
Tubsistin at the time Of the trial or no Judgment can be
uounced punishment inflicted and either has failed
pardon Of the offender entities him 0 a discharge The
inquiry then becomes % liant what were the provisions Of
tense, to-wit in the month of March, 1854


hned 10 be the unlawful carna knowledge of woman for
bly, against her will Section i6I declares that who
convicted Of the rape oany female of the of
years upwards shall undergo imprisonment in the pen
Section 265 tits provided among other things that
when committed by slave free white female shall be
provides Circuit and Criminal Courts shall e1clu-
jurisdiction Of all capital Ocnses eOmmittsd by slaves
BY slaves may be tried BY single Justice Of the Peace


original Jurisdiction of sll criminal exclusively
confined by law in other tribunal" Section 225
by slaves shall be capital by free per
of COLOR and section 32 provides that the trial Of
slave for capital oense shall be conducted in the
that Of free person Such were the provisions Of the
they deemed application question
fore the court 1t is clear that at the time the act
ted By white man free man color or slave fixed its pun;


Criminal Courts to the offender pronounce Judgment and
infict punishment. The crime committed by free
tion the offender punishable with death by hang ing but if
committed by white is capital aud only pun
ishabe by imprisonment IN the PenltentlaTy The only d
where the crime is committed by white
slave is as to the degree consequent
gree punishment The jurisdiction Of the Circuit Grim
and punish the offender is full and
plste The slave free of color charged of
tns % any ~ b ms nanpsr a The trial of free White
charged with capital crime Then to the degree Of the
having jurisdiction try punish offender
tent punishment to be Dhctedit make differ
snce defendant whether at the time Of committing the
he free man OF color or slave inasmuch as
prior abolition Of slavery free Of cclor and slaves
alike subject to indictment TO De put upon tla and
upon conviction also subject 10 the punishment
% were they alike subject tc Indictment and 70 be tried
ths the tribunal and conviction
pof in
depend the status of the defendant either at
the tho commission Of the crime at the time Of pro-
nouncing judgment Unaffected by the amendment of
Constitution before referred to- the law now Is precisely
the same the crime with which the defendant charged
his and punishment when the crime COM


itod let US see to what extent laws existing por to
tho said amendment became Of the Constitution,
been abroated repealed thereby Prior the adop
that amendment Of color held slaves
this State and the right 50 to hold and exercise dominion
them property recognized by the Con-
aid amendment declared slavery involuntary
servude except punishment for whereof the
" been duly convicted hereby forever abolish
Cd and prohibited throughout the State.


eopent With is provisions or manifest purposes are by
implication repealed The manifest purpoe of that amend
clearly appears from its language was not only 10
abolish slavery existing Institution but to interdct its
the future and repeal all laws recognizing
right property in recognizing the right Of
exercise dominion another property and to
color By virtue of that amendment the lost domn-
his fellow who had been his sve the bondsmaI was
his chains and he became freeman and be-
Of his caste belongs 10 that class Of
persons of color and entitled under the law all the
rights privileges far but no farther
the ~ Of the defendant changed 10y the amendment of the
Constitution all laws and such only declared the existence
slavery recognized the right property the
right exercise dominion over him property withheld
slaves the rights and privileges of free persons color
being inconsistent with the provisions and purposes Of said
amendment by implication repealed Thus far but
farther can properly legal sense the laws
sng prior the adoption Of said amendment repealed
Onses by slaves or providing for their punishment but
are PUr n o. b patg n S%s nS~eveF which
committed by slaves to be oenses which
tain and peculiar modes fer the punishment of the oender
slaves well all laws which may properly
mated police regulations for the government of slaves al
though they in stricnes be said have been
paed y SAID are neytheess rendered noPera-
tive and are as dead letters upon our statute books there be-
slaves commit ohense punish The
and punish slaves limited certain class of crimes whilst
the Jurisdiction to try and punish them for all other and by
the Peace but this latter jurisdiction longer be
@ even though tho offender was slave at the time of the
act because he has become free man. and
be tried and punished under law applicable
intended alone for the trial and punishment slaves
Before they became freemen, and while they
slaves the Circuit and Criminal Courts had jurisdiction to
ly aud punish them for tho oensesursdiction of which
given exclusively Justices of the The uris-
detion try and punish offender transferred
from tribunal TO another simply because Of change in he
s,Gtus of the offender.


ittng the o1ense had lo it. Il therefore follows that
all such the amendment the Constitution operates
pardon and entes the party discharge because of
total failure OF jurisdiction to try and pronounce Judgment
But how is it with reference to this case


The law existed at the time of the commission OF tho
been convicted declared the act to be crime whether
by white colcr i
therefore oense when committed by slave
Further. The law existed at the
Of the ohenso conferred the Circuit Criminal
jurisdiction and punish guilty
they white free Of
Therefore jurisdiction Of the Circuit try pun
the defendant Is not because Of or dependent tbs
fact that he is slave.


This qn of the defendant chsnged-nothing else. Th
uriction Circuit Court and punish the
apt for this before the adoption OF the amendment
oihing slavery had he been then free Of COLOR
and complete il is 10 try and p1nh free
crime committed since the abolition
slavery jurisdiction try and punish the defendant
be still slave. is precisely the as TO try an
punish free color, white Tor the same Oh
subject only distinction the degrees
crimes and extent of the punishment before mentioned
therefore wholly unable discover what Prncpl
the Cu court ousted Of jurisdiction 10 try ana pun
seye ~ the mere act that the time the oenss com
lited he was slave, and has since become free
color.


Neither the law declaring the oense of which the dendan
stands convicted
erring upon the Circuit Court jurisd 10 try him up
the charge, and to pronounce no his
inconsistent in conflict either tho nroyisiop
purposes Of said Constitutional Amendment ana there
fore neither repealed abrogated SUSPENDED or rem
deed imperative thereby. We of The
that the that the defendant the time IN ~
commission Of the oens and has


free Of COLOR constitutes ground arrest
ING the judgment upon the verdict of the jury.


70 have been the ground upon which Hor
the Circuit Judge arrested the judgment question
involved have been argued by counsel with great
ability.


overlook At the May term 1866 Of she
conufv Of Maury appears from record
rors returned court bill OF Indictment against the d
fendant for rape, indorsed "A true bill George LpscOm