The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-06-21
Oar Rlchmo.d Csrrespsn den &C.


rendered very important decision in the matter OF tho
right Of election by slave between freedom aud slavery
when that alternative presented by the master in bis
last will and testament The case in whch this decision
was rendered arose upon appeal by Bailey and others
rom tho construction Of Judge optoa Of the Superior
Court Of New Kent county OF the following clause OF the
will Of Mr.. Poindexter -
The negroes loaned my wife, at her death wish To
have their choice OF being emanopatsd or sold publicly
II thoy prefer being emsncapstod IL my wish thoy be
hired out until sufficient raised 70 defray their OK
penses 70 land wbero they enjoy freedom ana II
loaned my wife 70 pay or the legaoies 70 Aune Lewis
H0wle and Georgiana Bryan, they are 70 be hired
out unu sufnceot sum raised 70 pay the deficiency.
they prefer being sold IL q my wish they be sold pub
ioy, and the money arising be equally divided
my sister Eliza Marshall the children or heirs OF nv
HowIs' and Daniel Moas, and my niece, WA Hsns1
Bailey, ac.
Judge C,opton decided that under this clause OF the
will the negroes emancipaied, concedng OF COURSE
no right OF election the part Of the slaves therein
oded An appeal taken TO tho Supreme Court of the
tate BY the heirs OF the tssasor Bailey aud Others
ing that slaves being property had no legal right OF cleo
.ion between the two conditions presented in the ABOVE
clause
The win gees on 10 state that
II any of the loaned my wife should be
or hard e Manage wish my executor 70 dispose Of sucs
e. ~ Rr ana s 70 have TIE
Of he Properly her, above
Mr. Howard of the counsel for the appellants after
referring to that part OF the OF Chief Justice
fancy in the bred Scott case which determines the status
and rights OF the negro, Aays:-
An application of the foregoing principles aud dscslons
ought as i to 70 settle una case for have
option Of freedom slavery ooodioa IN
% q 5. % s 70
age they were % be sold into perpetual slavery was
is was only IN case OF ooedent serves on
their part during the life :; ~ the viii , The
death Of freedom or slavery Now grant for the momen
capacity 70 exercise such capacity and have the
nalrowsd down 2 ample e1ecnio.y contract Q. naIgn BY
that condition consdsrson Ok future osedlens
- master by deed ed with bis slave that
service for ~essy Of Eve or ten
Now. TO my mind. there e no conceivable legal
sort 10 ssaA
contract for freedom at the end Of uron the paym
Sss 70 a srsss :S z.
s:d Sssrsc' WITH ne slave that he shall be ses As
SUM Of money The services 70 be resde,ed the
the he Ss@ Bo
Of eGus dignity and are hs ssns In Ia. Rob belong sb:s
twssa m.sser and SLAVE: Even soh soulacaas p.ras.
effect services ana the money IL the slave are
Nike the properly Of the master. But III. contract y;d al
tuay paid by dave cannot be
ksd
be enforced against his representatives ieyaees dsou
Subsequent 70 the decision In this OF somewhat
similar import sas brought up; aad though N tue
cesson OF this right OF election the terms OF the will
lees Affirmative tnan in the former case yet as was IN
derstood 70 yield the right by Implication the Dc
cison w.s applied Is IN the other instance THIS was N.
case ofwliamson and others CoaNr executors This
vas IN appeal from decree Of she Circuit Court Of the
county Of Stafford entered Goth Of September 1857, ia
vsses and egases and next OF ko for the purpose O.
tanning judicial contradiction OF TIE th clause OF the will
Of the lao Mrs H. Coaltsr OF Fredcroksburg in re-.
gard 70 the disposition OF her slaves the nuh clause
ferred 10 reads ~ follows
Idrec In regard to the balance Of my negroes tbs. they
suiSorss and request my SAID executors TO ascertain What
fund VIII be sufficient 70 provide tue usual ouh. for and TO
move y, sd % saa asseny osss. ny
wsn nav he snac,eni Tor ,ss ro,n INV ala
ana 10 use the ssid fund in removing and settling said
venss In Liberia. any other free state couary In
rhsr aS.a a. az nv AZ ~ -
main in Wilma nsssd OF scs-utins the forrsepr orc
visions my desire der shall be permitted. by nv
erecutors TO select among my reAons their respective
owners sad election TO be made by the sdus and psrcas
s'oresa
~ he
rient o. eiecnon which makes II amenAois 70 the con-
srucoos given " me former viii me nrss part en-
bodies inc intent, wi ana purpose OF tns tesor the
latter merely "a aerthouGht % quancAtio and yet is
was held suincieut concession o. ms rgnt or alter
nanve 20 the decision rendered IN the fsrmer case
apPncAoic 70 80.
ms "a me nrn instance 70 ~n'cn any question OF tos
KIND bias been raised virginia or probably any osnsr OF
10 save SAss nougn hundreos on wills iuvo'vog nun
dreds OF thousands o. doar. wofth OF slave property
nave peen framed e.ef simnG manner Tue ssae 10
tne lser ease vncn nvovce over ninety negroes was
made ony wnen we occasion IN the former case
Was rendered, the neirs psesumnS ths right
OF elecooa on me par OIL the slaves 10 be pee
Ieosy iesAL 10 MI sonn howard, auorney o. aw, a. nls
Guy Msas me cream OF nsvne mrs. aesected thH Sgs'
dmaohuy, Wnlon when applied 70 INC several analogous
cases nov exsung VI NHg'nm, WV fessfvs 20 her An
amount on Save property cquvaent perhaps, TO her Gu
tre income TOT ono year
Inc most prominent csnniaaes nov spoken on Ior ths
eovernornnpo virginia are TOO W. hopkips hnn John
Istcnsv bon members o. Consress Puohc ssnsimeat,
onr Avor q inc la"et DO less because OF ns ser,
hH section, which for many years have been gnored in
s, - Wy "su non 81 anna -
DAYS axo aid that he voud fa have the o,cs
In name charaosr at the close OF the present term
psouar asunouoa 70 ne gsani wie VINO rescne,
aI rsrard. ss,d be. mo man ia the country =, worthy
be his successor In thas once, for no man ccad have
- onaee tns a"s a sna tnsn vnion oeses
-.a~- - ,s..,. - =. - ..'..-. 49,