It sometimes happened that defendants in suits for freedom would send the
plaintiff out of the jurisdiction of the court in which the suit had been
instituted. To prevent this, an act was passed, requiring defendant to
give security that the plaintiff would not be removed from the limits of
the county.[15] “The powers of a court of chancery were more than those
of a court of law,” said Judge Green in the case of Sylvia and Phillis v.
Covey, holding that a suit for freedom in chancery could be maintained
regardless of the change of venue.[16]
D. _Trial of Slaves._
The most ordinary court for the trial of slaves was composed of justices
and freeholders, who were slaveholders.[17] Their crimes were usually
separated into corporal and capital, and a single justice was generally
permitted to try the misdemeanors.[18]
The first effort at legislation in Tennessee on the trial of slaves was
an attempt in 1799 to establish trial by jury of twelve freeholders,
unrelated to the owner of the slave by either affinity or consanguinity.
Free legal counsel for slaves whose masters were unknown or outside of
the state was proposed. This measure passed the House of Representatives,
but was defeated by the Senate on the third reading.[19] This failure
only delayed the accomplishment of the object of this bill.
Three justices and nine freeholders, who were slaveholders, were
in 1815 empowered to try slaves for all offences.[20] In 1819, the
freeholders were increased to twelve.[21] By 1825, the jury might
contain non-slaveholders, if twelve slaveholders could not be secured.
Their verdict, however, was invalid, if it could be shown that the
non-slaveholders divided the jury.[22] The owner by this act had the
right of appeal to the circuit court in case of conviction, by giving
bond in the sum of twice the value of the slave for his appearance at
the next term of court. In 1831, right of appeal was limited to capital
cases.[23]
By act of 1835, the trial of slaves was completely reconstructed.
Special courts for the trial of slaves were abolished. Right of appeal
from justice’s court was established in all cases. The circuit court
was given exclusive original jurisdiction of all offences punishable by
death. No slave was to be tried by a jury until an indictment had been
found against him by a grand jury in the regular way. The State provided
counsel for the slave if the master did not. Section 11 of this measure
reads: “All persons who would be competent jurors to serve on the trial
of a free person, shall be competent jurors on the trial of any slave or
slaves.”[24] By this piece of humanitarian legislation, Tennessee became
one of the five slave states which granted the slave trial by jury.[25]
Public-domain text, read in full here on John Shaqi.
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