Holmes County Republican. [volume] (Millersburg, Holmes County, Ohio) 1856-1865, 1857-10-08

Dred Scott Democracy nlustRat-
ed..PrOpOsiti0n for Mr.. Payne.
We have very marked instance of the
workings of the Dred Scott Democracy, in
the case of Mr.. Freeman Fl. Morris, of our
city. Mr.. Morris is Merchant Tailor,
whose place of business is under the Ben
nett House. man well known to US, and
so far as intellect, good manners and good
morals 60, has high Claim to the charac-
ter of a gentleman as any man in Cleveland.
The history of his case is this:
He is the son of William 8. Morris, n
STAKEHOLDER of wealth, and some little dis
tinction, who lived and died at Newbern,
North Carolina. The wife of Morris was
bis slave, with whom be lived and co habit
ed for many years, and by whom he had
two children-oHr Mr.. Morris, and his sis
ter Harriet hily respectable woman, a.
so of this city. 1t seems that this slave
holding father was human man; and,
strange as it may appear to us in these
times, was unwilling to sell his children, or
leave them at his death to the horrors of
North Carolina slavery; SO, in 1928, be
took the mother and her two children to
Philadelphia, and there emancipated them
the laws of North Carolina allowing him
to emancipate only on the condition that
they, the wife and children, should iinme-
diately leave the State.
The mother and children returned with
Morris to North Carolina, and lived with
him until lis death in ls48.
A short time before his death he made
his will, devising one half of his property,
amounting to twenty thousand dollars, to
his executors in trust for his children, d.
recting that they be taken to some Free
State, there educated, and the money paid
to them-also giving house and lot in
Newbern to his wife, to be used and occu-
pied by her for life, with remainder over to
the children.
This will was prepared with great eau
ton, so as 10 defeat, if possible, any at
tempt which might be made in North
Carolina Court, by the collateral heirs, to
rob the wife and children of their property.
The celebrated Judge Castor was employ
ed to draft the will. 1t was drawn with
great care, and this distinguished lawyer,
and 1--WE might add pure and upright, Judge
the very last of North Cardinals great
men) pronounced it such an instrument as
would, in any view which might be taken
of the case by any enlightened court, secure
to this colored family this property.
As soon as Morris was in his grave, this
will was assailed by the collateral heirs
Suit was brought in Chancery to set aside
the will. 1t was not pretended that Nor
ris had any other wife than this slave wife
or any other children than these colored
children. All this was admitted. Yet in
a North Carolina Court, this will was held
to be null and void. And for what rea-
sons For the reason that house and
lot in North Carolina had been given to
the wife, thus making provision for per-
manently domiciling in North Carolina an
emancipated slave. This was against the
policy of North Carolina law, and the will
therefore void-not in part only but in toto
NOT only void as to the wife, but void as
to the children also.
But then there were some men in North
Carolina who looked upon this decision as
gross outrage upon justice, and through
their influence the case was taken to the
District Court of the United States, and
has been there pending for some years.
The Hon. Daniel R. Tilden, of this city,
corresponded, through Senator Wade, with
Senator Badger about this case. Senator
Badger admitted the case to be one of
g.eat hardship. He was asked to take the
management of it. This he declined
spoke of the high professional talent of
Winston, the attorney for the children, and
of his ability to manage the case. Thus
stood matters until within few days,
when the mother and children) all Of whom
are now here) received the following let
ter from their attorney:
RALEIGH, N. c., i4th Sept, 1861.
S1R:-The decision of the Supreme
Court of the United States in the case of
Dred Scott makes it impossible TO prosecute
your claim against the estate Of Mr.. Nor
ris. The suit had abated by the death of
both executors, and it would have been
necessary for some person to administer on
Mr.. Morris's estate: it would have been
difficult to procure any person to do So
but perhaps that difficulty might have
been overcome. Since the decision above
referred to, it is mere waste Of time and
money to attempt to 60 further.
Respectfully yours,
PHTRICK H. WINSTON.
Here you have plain unvarnished state
ment of this case. We will not trust our
selves to comment upon it, but venture to
assert, that, for shameless judicial .villainy,
there is no PARALLEL to it ia any part of
the civilized earth.
But shameful as these things a:e, how
much more shameful, that in our commu
nifty, with all our churches and all our
schools and other means for enlightened
men in the sacred name of De-
mocracy, are advocating and upholding
these atrocities!
H. S.-Mr. Payne, who is distingu-
ished lawyer, has said that the decision in
the Dred Scott case was of practical inn
portance. If he still adheres to this opin-
ion, Mr.. Morris proposes that he take charge
of his case. Morris will give him one half
of all he RECEIVERS, which will be fee of
about $4,000. Mr.. Morris is, however,
about one-eighth African. Mr.. Payne will,
of course decline personal interview with
a niger, therefore if Mr.. Payne concludes
to take charge Of the case, Morris will re-
duce his proposition to writing and send it
by '0hite boy Cleveland Herald.