The Daily spy. [volume] (Worcester [Mass.]) 1845-1850, 1848-11-14
BEAUTIES OF THE PECULIAR INSTI
TUITION.


A father emancipates his own son and his moth
er he dies, having devised his property TO his
own son the Supreme Court of Mississippi
declares the act of emancipation to be an Of
fence against morality Sc.-declares the son
and mother to be slaves-sets aside the fathers
will, and gives them and the property to dis
tant relatives.
The case of Kinds, us BraZeae, of which
synopsis is presented above, Ilustl ates in a veIy
striking manner, the practical wording OF slavery.
1t may be found in the second volume of How
ards Mississippi Reports, 1877.
The facts are these Elisha Brazealee a Mis-.
sissippi planter, lived with colored woman his
slave, as his wife. BY her he had son named
John Monroe Brazeale. In 1925 he lett Mis-
sissippi, and resided for some time in Ohio
bringing with him his son and the mother OF hi,
son, for the purpose OF emancipatiBg them -
While in Ohio, he executed deed of emancpa.
ton, setting both free, and shortly after returned
with them to his residence in Jefferson COUNTY
Mississippi. Some years afterwards he died
having made a will, in which he recited the
deed OF emancipation, declared his intention 10
raiy it, and devised all his property to his son,
acknowledging him in the will TO be such.
The more distant relations OF Elisha Brazealle
how distant does not appear filed bill claim.
N
titled to the property devised, but to the posses
sions o. their relatives, John Monroe Brazealle
and his mother, as property, also, on the ground
that the Deed OF Emancipation, aud the will were
void under the laws OF Mississippi.
This claim, which shocks every principle
OF justice, and every sentiment OF humanity.
was sustained by the Supreme Court OF Missis-
sipp.
Some passages of the opinion of the Court
oil Cd hxy Tn
name seems more appropriate than his Official
designation-are worthy OF especial notice, As
illustrating the inversion and subyersion OF all
moral distinctions, by the adoption OF the idea OF
property in men.
We quote these passages indicating The most
remarkable by Italics, aud leave them to the
reflection OF ouf readers, without further com
nent:-
"To give 1.-THE deed of emancipahon-yslid.
lty would be in the first lace violation OF the
declared policy and contrary to positive law Of
the State. The policy OF State is indicated by
the general course of legislation on gwen sub.
Ject, and we find that free negroes are deemed
offensive, because they are not permitted to emit
CRATE to, or remain in the State They are al.
lowed few privileges and subjected to heavy pen
altles for offences. They are required to leave
the State in thirty days after notice, and in the
mean time give security tor good behavior, and
n.
register and carry toith them their certificates.
or they may be committed to jail. Itwould also
| violate positive law, passed by the legislature
expressly to maintain this settled policy, and TO
| prevent emancipation. No gunner can eInanct-
| pate his stape, but by deed or will properlv at,
tested or acknowledged in Court and on DrOot
to the Legislature, that such slave has perform
ed some merttOrtotts act for the benefit Of has
master, or some distinguished seyyice far the
| Stnfe and the deeH mr. min L..
untHratifed by The SPECIAL ACT of the Legis
iature. t'The state OF the
case shows conclusively that the contract had its
origin in an offence against morality, per.icious
! and detestable as an example. But above ali !,
| seems to have been planned and executed with a
hxed design to evade the rlgor of the laws of this
| State. ''''9
The acts OF the party in going to Ohio with the
slaves and there executing the deed and his i'm.
mediate return with them to this State, point with
unerring certainty TO his purpose and Object
| ne laws OF this State cannot be thus detrauded
| OF their operation by one of our own citizens -
Inc consequence is, that the negroes
John M uhroe and his mother, are still slaves, and
part OF the estate of Elisha Brazealle,
John Munroe being slave, cannot take the pro-
perry as devised and apprehend 1t is equally
clenr, that it cannot be held in trust Tor him.
Thus the learned and humane Sharkeu, Chief
Justice of he High Court of Errors and Appesls
OF the State OF Mississippi, cautiously avoiding
the well known principle of law declared even
by the Courts OF Louisiana, that slave once en-.
franchised by being removed by his masters
consent beyond the jurisdiction Of the laws en-.
shaving him, into the jurisdiction OF State where
slavery is not tolerated. cac never be re.enslaved
declares that the mercitul act of Brazealle in ia
KING ms wlle and son into Ohio for the purpose
OF emancipation, is fraud on the operation ot ,hs
laws of Mississippi, and with one tell swonn
consigns the mother and son into perpetual slsy.
cry, and their property bequeathed to them bv A
husband and father, to distant and unknown rela.
tives """ '''A'
PARTY ALLEGIANCE. There are some mon
In 'his daY' who appear to think that there is no
limit to party allegance-that however doror.,