New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1858-06-25

we have heretofore csled attention to the case
CT ayleJ against Poio6eIters executor, lately de-
cided BY the Virginia Cour. OF Appeals, followed
up 90 il has been BY the still core remarkable case
of the will Of Mrs Coulter These cises are char
sctriz.d by The Richmond Enquirer as the bred
Scott decision applied TO slaves" aud-persaps
with little INJUSTICE to the bred Scott decsion--
"ss the most iupots1t cases to the institution OF
"regro Slavery adud:cated SINCE tie tines OF Lord
Ma1s6tld." Ttey are regarded bth by that
paper and other leading Virginia Journals as signal
iz:rg snd sigu fcaut Of q complete revolution 10
TIE public op Lion ard policy Of Virginia on the
cubic of SlaveIy-as in fact proclamation ty the
State Of virginia through this her highest trlbuual
that Slavery is detirabe for the State, desirable Tor
the save ard hight in itsti' that, in the eye Of
civil inrisrruderce, slave is thing with noIe OF
tie Attributes or qualities of humanity; that Il Is
beet for him, best for the community ard beet for
tie world. that be should always con inus thing;
and hat il is the policy Of Virginia to make Slavery
perIetrai.
Til. important result, involving, as t does
ard is admitted and boosted to DO, the t)tsl
overthIsw OF the op mons, sentiments, pI-
icy, wishes and expectations OF the Revo'
lutonaTy generation en- the subject OF slavery,
vas not, hoa ever arrived at without considerable
struggle AID strsiniog lot greater, however, than
might have been expected Considering tie obstacle,
10 bs overcome. Mr. POiudt Iter, By his will, gave
lis slaves the choice Of being emanciPsted or sold
at public suction for the benefit of bis heirs. Ia
tie case Of PleasaIts rs. PIeass;ts, decied IN
lsC0, ard in that of Elders ~. Elders, IN 1884,
the Court had recognized the validity Of wills
giving to slaves aD elt ction between freedom and
slave ~ and had held the slaves TO be emaucpated
by those wills. TIE legal profession throughout
t1e State Ct Virginia had regarced ttese decisions
as establishing the power Of election in slaves, aud
under tho authority Of these decisions, wills had
been drawn, and estates settled all ovee the Com-
mOnwealth. To upset this current of Legal opin-
ion and practice, might be attended with paitfdl
results. We DO Tot refer to the POndsx ter slaves,
tie retention Of whom in slavery vas accorciog to
the views Of TIE majority Of the Court, special
benefit and favor to them but to the executors who
had acted under the authority OF tho decisions
above cited, and who, if the Law Of those cases was
oyeIthrowp, might find Themselves called upon to
GO free. The CAFE Was first argued before the
Court Of Appeals, four judges beirg on tie bench,
at the SpriDg term Of 1857. Elaborate arguments
were heard on both sces; but the Court, unable to
come 10 decision, and said to be equally divided,
adjourned to the Autumn session, when fifth
Judge took his seat on the bench. TIE case was
then deliberately resrgued in writing BY the ablest
Al L.. IT, nd frop hq prtrt
argument of Mr.. John Howard, called 10 ct this
secoLd bearing to aid ia NULL wing the will, the
ground mainly, We may say exclusively, relied
upon for oyerrulrg the case Of Peasants rs.
PleasaIts, was tie charge Of opinion which had
tsken place in the State Of Virginia since that
decision Was made Daring the whole Revolution
ary and post Revolutionary period-such was
the argument Of Mr. Howard, rather in con-
Gict, by tie way, with Judge TaGeys his
to,ica rot;ons "a deepse.ted conviction of
TIE moral ard political evils and injustice
of Slavery very generally prevailed in Virginia
Those sentiments Of liberty, and that ardor for
equal rie hts which bad kinded and carried through
tie war of the Revolution were so geners and per-
vading in the popular mind that although the nat
ural rights Ct the regro race were not Recognized
in tie formation Of tie State and Genera Govern
nents-ttat il, according to Mr.. Ho@ard's inter-
probation of those instruments-yet the minds aud
conscisnces Of men were thoroughly awakened t.
the inequality and apparent wIetchedness OF the
condition Of that race ard a. spirit of honest pat
riotic and ptilanthIopc Inquiry oyerspread the
C,mmony ealth As proofs Of this, Dir. Ho ward
refers to TIE speech Of George Mason IN the Fed
ere! Convention of rc7; to tie BIZ IN favor OF
pradusl but universal emancipation reported by
the committee for revising and reGOdeing the
lsws Of Virginia, of which Wythe, Perdleton and
Jefferson were members; to the act Of l7o2. repeal.
ing all restrictions on emancipation; to the often
cited testimonies Of Patrick Henry aud Washing
tor the latter of whom, in letter to Sir John Sin
elixir. written in l.76, refers to tie statutes OF
PennsyysIa for the gradual abolition OF Slavery as
laws (which neither Maryland cor Virgpi'
"hays at pre,ert, but which they must
"haye, ard at period rot remote;
TO The warm recommend ation Of the aboli-
ton Of Slavery, in pastoral letter, in les, OF
tie United Synod Of New York and Phladelphia,
which became soen after the General Assembly OF
the Presbyterian Church to the rule Of the Meth
odist Episcopal Church. then rapidly spreading in
Virginia and Maryland, absolutely excluding 'lave-
holders from Membership; add to tie fact that so
late as 1903 st. George Tucker, at that time
Judge of tho General Court Of Virginia, and Pro-
lessor Of Law in William and Mary College, and
afterward Judge of the Court of Appeals, Sob
Joined to his edition of Blackstone al appendix
-. V;,o;,;s kom fhs reoYOach of hAy-