The British Press; or, Morning Literary Advertiser.
London, England, 1826-02-13 00:00:00

NEW CAUSFS.

Ashby and another ♦ Davies v Strulhen Chambers v W.Wil-
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Lacon a Chambers sun
London Juries, IVednesday, 1 eb. 15.

COURT OF EXCHEQUER.
This day (Monday, the 13th inst.) being the last day of Tem,
Motions only.

LAW INTELLIGENCE.

VICE-CHANCELLOR'S COURT, SAT VIIDAT, Pl 3. 11.

NEGRO SLAVES.
THORLEY v. BYRNE.

This was a bill fileclWthCe;eit;tore of late Earl of Crawford
and Lindsay, against his next of kin, to obtain the directions of
the Court with regard to the measures to be taken in order to carry
into effect the provisions of his will. By this will, after leaving a
sum of 10,0001. to the children of the defendant, besides some other
legacies, he bequeaths half the residue of his estate for the disse-
mination of the Bible, and for translating it into Chinese, and the
otherhalf was to be given to his" poor negroes" in Antigua,who were
to be kept employed, either on the plantation which he then pos-
sessed, provided the lease, which was about to expire, could be
renewed, or on another estate which it was his intention to pur-
chase, or by sending them out to task-work, if neither of these de-
signs could be accomplished; in the meantime they were to be edu-
cated and instructed in the Bible, and in the year 1832, when the
testator calculated that they would be in a situation to use their
freedom without abusing it, he directed the sum bequeathed to be
equally divided among thew, and in 1833 they were all to be eman-
cipated.
It was argued by the Counsel for next of kin, that the legacies
being of an uncertain nature could not be carried into (rect.
Mr. HEALD said it would he necessary to have the directions of
the Court in order to execute the will, and the Court would have
considerable difficulty in acting upon such an occasion. The testa-
tor had not himself acted with prudence, and the Court would re-
quire a double portion of prudence to carry his will into execution.
The communication of the will to the slaves was very much to be
deprecated, for if they were once apprised that they would be li-
berated at the period mentioned, their impatience would in all pro-
' bability produce an insurrection, and endanger the peace or even
the existence of the colony. There would be a great deal of diffi-
culty too with regard to the moiety of the residuary property which
was to be paid to these negroes. It would be difficult to determine
how they were to be instructed, how they were to be relieved ac-
cording to tile intention of the testator, and how the money in ques-
tion was finally to be given them on their emancipation. These
questions must no doubt be referred to the Master. The only dif-
hculty in the will was this respecting the negroes ; but if the Court
should think the objects of the testator impracticable, the question
would then be between the Atiorney-General and Byrne, in order
to determine whether these funds, which were evidently intended
for charitable purposes, were not to be appropriated to some other
object of the nature. At present they had only to bring the different
parties before the Court in order that they might state their views.
Mr. HART wanted to sec what the Attorney-General, with
Master Stephens, could do in this affair. No testator could have
put the means of destruction in thepowcr of the negroes as this one
has done. All the property must devolve on the relations.
Mr. HoupELL said the negroes could not maintain themselves.
It would therefore becomes question out of what fund they were to
be maintained. By the colonial laws it appears that a slave can
take a legacy in that island, but they seemed by the will to be
incapable of taking the legacy at ptesent, to which they would
eventually become entitled. Who, he inqu'Netl, are to have the
legacies in the meantime ? Some of the present slaves might be
dead before the legacy became due; some might die with
Issue. It is impossible at present to know who will at last
become entitled. Could there be any Suspension of the grant, 'so
as to delay its effect till the time appointed, and to enable the re-
presentatives of those who would have been entitled to claim at
that time in their place. As to the part of the will which regards
the translation of the Bible into Chinese, if the funds cannot be,
so applied, arid if it can be proved that its appropriation in that
way is not for a charitable puriame, then the next of kin, no doubt,
might put in their claim; but if the different legacies were held by
the Court to be fur charitable purposes, it might then apply the
funds to some other charitable purposes, so as to fulfil as nearly as
possible the intentions of the donor. At the time when the will
was drawn up the testator intended to renew the lease of the plan-
tation on which the negroes then were ; but being unable to do so,
he bad formed a design of purchasing another estate, on which he
intended to place them. In this too his intentions had been frus-
trated, and the slaves were now under the care of an agent, who
had placed them at task-work; but the course which be bad pur-
sued with them was unknown, and that would be one principal ob-
ject of the inquir
It was also suggested by Counsel, that as the testator gives
part of his property to his " poor negroes," and as it was his
wish to procure another estate, or to employ them in task-work, it
would be right that the Court should carry that part of his will into
execution, and cense them in the meanwhile Er be educated and
instructed in the Bible, as half of the residue of the estate is to
be distributed among them.
Mr. likst.o.—But i am informed that there will be no re-
sidue.

The VicE.CtsarmEt.t.on said that it would be proper, there.
fore, first to take an account of the estate, and of the nsgroes, at
the death of the testator ; and whether any of them had since died,
and what issue had been burn since.
Mr. HART suggested that it was not proper to include the slaves
as part of the estate, as they were " subjects of bounty, not pro.
perry."
The VICE-CHANCELLOR said they were property, and if ne-
Cense', they must be sold to pay the debts on the estate. They
are assets fur the debts of the testator.

Sell the legatees! exclaimed Mr. LIMIT. (A laugh.)—lle said
the testator lied directed, if the lease of the tract of land which
he possessed in the island could not be renewed, and if no other
land could be procured, then the negroes should be kept at task-
work, as they now are. If the question were referred to the Master,
whether this was for their beneht, the. Master would find that this
task-work is the worst of all slavery. Ile knew that slaves were
sort on such work to a great distance from their residences, and that
they suffered much misery in consequence.
The VICE-CHANCELLOk said that must not be permitted in
this ease.

HAIT said it would sometimes he impossible to find work
in the neighbourhood of their residences.
Mr. HEALD said they were new let out at task-work.
The VICE-CHANCELLOR observed, that the Court would be
under the necessity of appointing some person in Antigua to take
charge of them, with directions that they should be educated and
Instructed in the manner appointed by the testator, and that they
should be employed in teak-work on the same principle till the
year IBM.
Mr. HART said there would be a difiulty in finding a person
who would assume such a responsibility. There would be a great
deal of trouble and urn's, without any apparent interest accruing
to W.in Win it.

The tics.Crtancet.Lon said be could not be at any ex-
pense. The labour of the Devon Irould certainly be suffisient to
maintain them.
Mn HART remarked, that ere:y negro on such an !Stab
as that which the testator had possessed would cost twenty or thirty
pounds for his food and clothing.
The VICE*CHANCELLOU again stated that the Coati would
appoint some one to take care of the negroes.
Mr. Roy ritt.t. suggested that it should direct the Master to in.
quire who had the care of them at present, as it might be proper to
continue the present agent in the charge of them. It appeared that
he had acted with great prudence—he knew that he had not pub-
liaised this will. This was extremely proper ; for if the slaves were
once informed that they had a prospect of such emancipation, they
would immediately leave their work, and would no longer remain
under the sli, Meet degree of control.
The Vic i-CtrawcELLoa agreed that they must not be is.
formed of the circumstances, as it would immediately destroy all
fultordination among them.
Air. HEALD thought the Court could not do any thing more
than simply make the inquiry concerning the amount of the estate,
and the number and employment of the slaves. There were some
difficulties which the Court could not relieve. There were no funds
for their maintenance—there was no residue of the estate to be dis-
tributed among them. Aluch of she will could not be executed.
It was difficult to know what was to be done. They were now at
task.work ; but there were no funds, and if that task-work were ex-
hausted, the agent could nut be expected to keep them. There was
no property, eat that they must be sold, which the Court cannot
permit.
The VicE.CHAscELLon asked if Mr. Heald was instructed to
state that the stares were no property ; and added that every pur.
pose in a will was equally legatory.
Mr. HAUT remarked that the question had been raised In the
Cockpit, whether the owner, by giving a legacy to a slave, does not
emancipate him by that very act.
Alr. ItoUPELt replied to this by observing that the question
was yet undecided, whether those now living were in reality the
legatees, or those only who should be living and belonging to the
testator's estate in 183.3. -

•
The VICE-CHANCELLOR said the expense of teaching and
instructing them in the Bible was a legatory bequest, and must
therefore be kept. What he would do would be, to order, in the
tint place, the usual accounts as to estates and legacies, then an
inquiry what negroes were upon the estate at the death of the tes-
tator, which of them have since died, what additions have been
made to their numbers by births since his death, how they have
been maintained and employed since that period, under whose care
they now are, whether there are in the island means of employing
in task work such 'tepees in future; and then he would refer it to
the Master to inquire, whether by the law of Antigua these legacies
are not good legacies. This last should properly have been a pre-
vious inquiry, but he would allow it to go along with the others In
this case. His Honour then inquired whether it was necessary to
direct any inquiry about real estate, and observing that he had got a
copy of the will, signed by three witnesses so as to make it pass as
real estate, he directed that the Master should inquire whether
the testator died seised of any real estate, and again recited the par-
ticulars of the inquiry thus amended.
Mr. HART mentioned that, by the laws of Antigua, no owner of
slaves was permitted to emancipate any of them without making a
provision for their support.
The VICE•CHANCELLOR added, therefore, that the Muter
should be at liberty to state any circumstances specially that might
bear on the subject.
Mr. Hutr wished that the Muter should be directed to inquire
where the slaves were actually domiciled. They generally work at
a great distance from their habitations, which are usually in vii.
loges, and they are accustomed to cling to these with an attachment
of which we can form no conception. It was therefore to them a
great calamity to be thus carried away to a distant part of the
country on task work. Mr. Hart observed farther, that the testator
died in February, 1925, and that their present place of residence
was now very uncertain.
The VICE-CHANCELLOR said if they thought proper the
might also take the inquiry where they were resident at the death
of the testator, and where they were Dow resident.
It was asked whether his Honour might not think proper to
refer these inquiries to Master Stevens, as he WAS very conversant
with these subjects ; but
The VicE-CfrawcELLon. said he could not consent that it
should be referre&to any but the Master of the day, and added that
the parties must be at liberty to prove the will as will for real
estate.—inquiries granted.

COURT Of KING'S BENCH, SATURDAY, Fi.. it.

TILE KING t. HALL AND OTHERS.

These defendants had been convicted of a nuisance. in carrying
on the busmen of slaughterers of horned cattle in Warwick-lane.
They were now brought op for judgment. The defendant Mr.
Ilall entered into his personal recognisance of 5001. to abate the
nuisance. The cases of the other defendants were postponed until
next Term, in order to give them time to make proper arrange-
ments for the abatement of the nuisance of which they had been
guilty.