The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1857-06-02
From The Wilmington Herald.
FOR LIBERIA.

One hundred and fee SLAVES, emanclPa-
ted under the last willard testament of Cen
j. j. Mckay. so long our Representative
from this District in Congress, and so long
Chairman of the Committee of Ways and
Means, arrived in the steamer Magnolia,
en- route for Liberia via Norfolk.
One only refused to partake of the late mas
ter's bounty. She will not go, but prefers
remaining where she is, as she is.
The negroes are all young and likely ex-
cept four, and would command from Sirty
to serenity. fire thousand dollars cash to-day
in market.
When was such gift made TO freedom
by any of the open mouthed revilers OF the
South How long before the abolitionists
of the North raise like sum! And yet
then pretend to possess all the philanthropy
all the feeling. and all the christianity Of the
country!
The emancipated slaves are travelling
under the care of Capt. James Robson,
who married niece of Gen. Mckay's, and
qualified as administrator with the will an
Pu.
and expects to deliver the slaves to the
agent of the Colonization Society Ito which
they were bequeathed for the purpose OF
going to Liberia.) on the Odd or the 24th'
They sail to the land of their fathers
carrying with them the principles of chris
tianity and civilization acquired by their
sojOurn here.
To show with what scrupulous fidelity
the Supreme Court of North Carolina car
ries out the urW of deceased party with
reference to the manumission of his slaves
it is proper TO state that the executors OF
Gen. Mckay filed bill in Equity for q
proper construction of the will, under the
advice of ii. L. Holmes and j. G. Shepherd
Esq>.
Col. John G. NcDugald represented the
next of kin, and C.. G.. Wright, Esq. the
Colonization Society.
In the bill no notice was taken of the
Colonization Society-nO interests vesting
in it til! after delivery of the slaves in
Norfolk and, of course, the negroes were
not made parties. In this state of the case
the Court submitted to Attorney Genera
Batcheler the question. whether he felt al
liberty to represent the slaves as class
under the head of its being a charitable
use, and stated that till they were repre-
scented some way, the Court could not hear
or determine the cause.
The trial was postponed until the next
session. when c. G. Wrigh represented the
Colonization Society, and the Attorney
General the slaves, in the discharge of hi:
duties that fall under the head of Charita
Bile Uses.
The Will was executed, say % years
ago, and, in effect. provided for 1.-THE eman-
cipation Of all the negroes he receired from
from his fathers estate numbered Is or 20,
mostly old, decrepid and worn out. 1t was
contended by C.. G. Wright, ESQ, and the
Attorney General, that the issue born since
the execution of the Will followed, and was
entitled to the benefits and privileges award
ed the mother and that, in doubtful case
the law would lean in favor of human free
dom.
On the part of Col. John G. McDugald
it was argued, that only such as he re-
ceived from his fathers estate, co nOmiRe
were entitled to freedom under the Will.
The Hon. j. 6. Shepherd asked the
Court to say what the administrator with
the will annexed was bound to do;-tO con.
strue the Will, and his client would carry
it out.
The efforts of all these gentlemen were
highly creditable. The Court listened at
ten:ively to all their arguments, then calm
ly and dispassionately deliherated, and de,
creed that those born since the execution
of the Will. as well as those before, were
entitled to their freedom, unless the Cour
could discover from some subsequent &C
or writing that the testator meant that the
increase should not be emancipated; and
as no subsequent Will showing this inten
ton could be produced, the Court decided
the original slaves and their increase. which
he acquired from his fathers estate. were
entitled to be emancipated. And that each
one were entitled to money from the estate
to carry her or him TO Liberia.
Under this decision of the Supreme Court
Capt. Robson is carrying the negroes to
Norfolk.