Allen thereupon sued Jones
for damages on the ground that the latter had knowingly and unlawfully
suffered Isaac, without the legally required authorization, to come with
other slaves upon his premises, where he had been slain to his owner's
loss. The testimony showed that Allen had not received Jones' message and
had given Isaac no permission to go, but that Jones had not questioned
Isaac in this regard; that Jones had given spirituous liquors to the slaves
while at work, Isaac included, but that no one there was intoxicated except
Hager who had come drunk and without invitation. In the trial court, in
Rutherford County where the tragedy had occurred, the judge excluded
evidence that such corn huskings were the custom of the country without the
requirement of written permission for the slaves attending, and he charged
the jury that Jones' employment of Isaac and Isaac's death on his premises
made him liable to Allen for the value of the slave. But on Jones' appeal
the Supreme Court overruled this, asserting that "under our modified form
of slavery slaves are not mere chattels but are regarded in the two-fold
character of persons and property; that as persons they are considered by
our law as accountable moral agents; .
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