Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1858-06-24

majority Of the Judges Judge Ssmuels is
understood merely to have stated that be felt
bound by the case Of Elder against Elder,
as having previously settled the question in
favor OK the slaves.
Uudcr these circumstances it Immediately
became matter of great professional inter
est and of public importance TO know wheth-
er the decision of the majority Of the court
in this case would he acknowledged in any
future case by the dissenting judges as bind
iug authority, and also what terms in a will
would be considered as amounting to an alb
aolute emancipation, and what as mere
conditional emancipation, dependent upon
the choice or election of the negro. An op.
pOrtunity was very soon presented for the
action OF the court.
Mrs. II. I'll. COslter, widow Of the late dis
tinguished Judge of the Court of Appeals, OF
that name, died 10 August last, leaving near
IL hundred slaves referred to in the follow
ing clause of her will: Fifth. direct in re-
gard 20 the balance OF my negroes, that they
shall be manumitted on the lst day Of Janu-
airy, 1855 and | authorize and request my
executors TO ascertain what fund will be suf-
icent to provide the usual outfit for and to
direct my said executors to raise said fund
or such an amount as in their Judgment may
be sufficient for that purpose, from my es-
tate, and use the said fund in removing and
settling my said servants in Liberia, or any
other free State or country, in which they
may elect to 1.-Two; the adults selecting for
/ themselves and the parents for their infant
/ children. And further direct, that If any
of my said servants shall prefer to romain in
. Virginia, Instead Of accepting the foregoing
/ provisions, 1t Is my desire that they shall be
permitted by my executors, to select among
my relatives their respective owners-said
election to be made by the adults ani parents
as aforesaid" Aud property to the amount
Of from fifteen to twenty thousand dollars
was charged as a fund for the use Of the
slaves.
The executors filed q bill in the Circuit
Court of Stafford county, Judge Tyler ask.
! ing the Court TO con5true the will and the
Court decided the slaves were free, unless
! they declined to accept freedom, and sp-
pointed a commissioners TO take their cleo
ton. Here it would seem that the negroes
! had very strong claim to their freedom, un-
der the will-especialiy in view oil q late de-
cision Of the Court Of Appeals in which
will, to all Appearances much resembling
Mrs. CUaIter's will, bad been declared to be
an absolute emancipation OF the slaves. In
I the case Of Osborne against Taylor, decided
only few years ago, the will was as fol-
lOwE:-
100 the death OF Mrs Johnson, it il ny
further will and direction that the slaves em-
braced in this item be emanci pated, and one
/ nj Il
not dispose of at her death, as required 10
/ item sixth, be distributed among them, as
may be deemed most equitable by my execu-
tors. But should part or the whole OF the
negroes prefer remaining 10 the State, they
can do SO b. choosing masters TO serve during
| the life OF the person or persons chosen, at
the death of whom they shall have the option
of freedom or slavery by makinga second
choice" Aud by this will, the Court Of Ap
pealS had said the slaves were absolutely
emancipated 1t was, therefore, generally
! thought that Mrs. Coalter's will was virtual
! ly ad Indicated by that case, and it was deemed
Il matter scarcely admitting of doubt that
the two wills were In substance the same
An appeal, however, was advised, We learn,
by Mr. Howard, one OF the counsel, who had
argued Bayly Vs. Poindexter, who thought
differently, and that very clear distiuc-
too could be drawn between the two cases.
The case was accordingly brought up. and
was argued q lew weeks ago by Mr.. Howard
and Mr.. Patton for the leratees, claim
ing the Slaves, and by Mr.. Little and Mr..
Morson Tor toe slaves. The decision of the
court was looked Tor with great interest
Was the case Of Bayiy against Poindexter
the law OF the Court, and if SO, did this will
amount to an absolute or only conditional
emancipation? The opinion Of the Court was
delivered by the venerable Presidebt, Judge
Allen, Judges Leo aud Daniel conCurrIng
with him, and the two other Judges dissent
Iug. Bayley VS.. POiadextor was declared TO
De q settled law, and Mrs. Coalter's will to
be bur mere bequest Of election to the
slaves between freedom and slavery, which
they had no civil right or legal capacity TO
make, and were, therefore, decreed to remain
slaves. And 1t Is now presumed, as mat
ter not susceptible Of doubt, that all of the
Judges vii! hereafter recognize that princi-
pie as controlling authority in all Iutare
cases Ut the klnd.-Rich. Eng.