Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1858-07-10
LAVEAY IN VIRGINIA.

Prom tie New York Times Of the 25h ult.
Tie Richmond Enquirer, OF the 22d inst says
the Virginia Supreme Court of Appeals has late.
~ decided the most important case To the in.
Stitution of negro slavery that has been a1juuicnt-
ed since the times ni Lord Mansfield. > III is,' the
Enquirer says the Dred Scott decision applied to
slaves ard settles the question whether they
have civil or social rights. by determining tbtir
status to be that not Of persons bat Of things.
The case in which the decision was given was
shat of Blyly Us. p ,indeXter's Executor. james
l.. PyindeSter; by his will, gave his slaves the
choice OF being emancipated or sold publicly. ~
rIe Executor filed II bill 10 a C.rcnit court asking
the Court TO construe the will upon several points.
but more especially upon the question whether
the cmanci patton was absolute and il hot aL@o.
lutte, but conditional, whether the slaves, previous
to their actual emancipatlor, bad the legal Ca pac
ity to make the necessary election. The judge Of
the Circuit decided in favor Of tho slaves; that j.,
to say, that by the terms and onerat Gu of the will
they were absolutely emancipated.
From this decision the rosiduarv lcgu'ees an.
peaied to the surreme judicial tribunal Of the
States, where the decision of the Circuit was re,
veTsed--that Count holding that the emancipation
under the will wa, not absolute, Bat conGitiuucd
upon a choice 10 be made by the slaves, which
choice they were legally incapable Of making.
They, therefore. received no benefit from ,Ieir
masters viii, but become the property Of bis
~residuary legatees.
This result is paraied by the Enquirer and the
Examiner with triumph little short Of ecstasy,
though it might be supposed hat the defeat of n
dead masters benevolent designs toward his
slaves. by n legal technicality, could furnish high
minded men with slight caute for rejoicing. Ii
was not, however, reached without difficulty. The
Court, consisting Of four Judges, heard elaborate
arguments in the Spring of 1857, aud we're divid
ed In tbc Fall, a fifth Judge having been added,
the case was reargued, and u decision reucned,
two Of the FIVE dissenting
The Enquirer says the Court was considerably
embarrassed in coming to its conclusion. 10y pre-.
yious decisions; and admits that the practice had
been to allow slaves to make their election when
such privilege was conferred upon them By will.
But Virginia is progressive, and has chahgcd all
that. a new polio, is avoY eddy inaoguratcd.
The Richmond Examiner. referring 10 this decision
says:
ut is not to be denied that the decisions Of the
Court of Appeals have heretofore gone very far in
constituting deeds and wills Of emancipation, in
favor of granting liberty to the slave.-7His has
doubtless arisen tram me Eact that, (or maHy years
subsequent 10 the RerolutioR, tie poiry II the
lars unquestjoaabiy faroyd tie emaQcipgion oj
.s!0res. Many Of the earlier Judges were fresh
from the political conflicts Of that period and ali
OF them were strongly imhucd with the general
spirit of the times in favor Of tho equal ard IN
alineahle rights of all mankind Nor Lad the
true natute and legal character Of Slqrery in our
midst been much investigated, and tie real vnlue
and political and social necessity Of the Institution
calculated by discussion or demonstrated bv ex,
perience. At that day the great products Of the
Supth were far loss dependent upon Shave labor
for their cultivation and the minds OF men were
thus far less occupied with the subject which now
has come TO be regarded "a one Of The greatest
economic ahd philosophical questions Of the age"
Other decisions, the Enquirer informs ms. have
followed that OF Bayly VS.. Poindezter's Executor.
in the same spirit, and going even further. Mrs
Coalter, widow Of a late Judge Of the Court Of
Appeals. died last August, leaving II hundred
slaves, which we're referred to in her will in these
following words;
"Fifth-I direct in regard to the balance Of my
negroes. that they shall be manumitted on the LIST
day Of January, 1858, and | authorize and request
my executor to ascertain what fund will be sufi.
cient to provide the usual outfit for and 10 remove