Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1859-07-16

From the Missippian, June "a,
CAN A FREE NEGRO OF ANOTHER
STATE TAKE PROPERTY BY WILL
..l- IN MISSISSIPPI2
IMPORTANT DECISION OF THE HIGH COURT or ERRORS
AND APPEALS.

|
| A case involving the right of free negro Of an
other state to take property by will in this state
has recently been adjudicated by the High Court
of Errors and Appeals and as the decision om-
braces principles Of the utmost magnitude, we
have improved the earliest opportunity to spread
! II before the public. The able and lucid decision
was pronounced by Judge Harris Chief Justice
Smith concurring. 1t is proper to mention that q
dissenting opinion was delivered by Judge Handy.
The following summary will facilitate the gener-
al reader in arriving at an exact comprehension of
the points decided by the court:
| i. free negro from another state without per-
mission by our laws is incapable of taking proper
ty by will in this state.
| 2. In the absence Of positive law in this state
securing to them rights here. neither the citizens
nor inhabitants of other states nations have any
rights in the state of Mississippi, except those re
suting from the laws Of comfy existing among
civilized states and nations.
8. IL is especially true Of the African. according
to the case of Scott agt. Sanford, 10Th How'd that
he has no rights but such those who hold the
government and the power choose to give him.
A. For more than century before the adoption
as beings of an inferior ORDER and so far inferior
that they had no rights which the white man was
bound 30 respect. They were bought and sold as
ordinary articles Of merchandise. And this opin-
ion and practice at that time fixed and univer-
sal in the civilized portion of the white race, and
was directly introduced into the colonies here by
the government Of Great Britain.
5. This state of public opinion had undergone
no change when our Constitution was adopted, as
is evident from its provisions and language.
! 6. After the adoption Of the Constitution of the
United States, the different sta,es still regarded
them as an inferior race not embraced in its pro-
Visions and therefore not entitled to the privileges
and immunities Of citizens Of other states.
/ {. . The reason for this is that they are alier
strangers of an inferior class incapable of comfy
with whom our government has no commercial
t social or diplomatic intercourse. lE
!. That With ba-barians, savages, perpetual en-
.femes, or nations who neither acknowledge MOI
Il practise the laws of comfy, can have no such
Feciproci'y Of rights obligations. They are to
be regarded, therefore, not as alien friends, but as
alien enemies; not personal enemies--but as alien
strangers-who neither extend nor receive the CON-
ity and oivili,y which belong to enlightened na-
tions, and are incapable of their appreciation OF
enjoyment. 34. is,.3ata aai
Q. II is only by virtue of tho municipal law OIL
each state nation or by the law of civilized ma
tons-.which is regarded as a part of the municp
al law of each-!hat aliens have any rights at all
and neither the municipal Jaw nor the law of no
tons has any operation in the territory of those
who have not either expressly or implicitly ASCENT
ed to their obligation. s-7
10. The laws of nations mbrace civilized na-
tons only, and do not extend to barbaridDs, savag-
es or others wso refuse to recognize them. JOSS.
IL. Under our statute law the descendants of
nll female slaves lawfully in this state are slaves
IL. A negro, 6y the laws of this state is prima
tacie a slave.
l3. Under our statutes negroes may be divided
into three classes: -ss ..s s..
First-Slaves, or those legally held to service
for life, and the desoehdan.s of the females of
them. ...- .-.. ......, ,.---.. -.rr.-
Second-Free negroes or free persons of color,
or those slaves and their descendants who have
been manumitted or African negroes who have
never been lawfully subjected to slavery here.
/ Third-Mulattoes, as intended to be embraced
ID the I'd article of the lst section of the Code,
chapter 80, or those who. though descended from
free white mOthors, have one-fourta or more negro
blood. r
All three of these classes are denied political
equality or association with the white race by our
statutes. ........
a. Alien free negroes or mulattoes are express
ly prohibited by statute from coming into this
state and on ten days notice to leave, may be
caught or captured by warrant, and by order o
the board of county police may be sold into slavery
for life for Noncompliance.
h l5 1t is the policy Of this state to interdict al
intercourse, commerce Or comfy with this race
and to enforce the strctest doctrine of the ancien
law applicable to alien enemies against them, ex
cept as to life or limb, or personal protection.
l6. In the absence of laws confirming such
rights the African neither take nor hold prop
erty in this state by deed or devise, by descent OIL
purchase. except those free persons of color wh.
may reside here ''pcrmissi"
i H. The free negro, even after man uHiisson here
only stands in the position Of an alien friend, OF
enemies 'permissi'. and is, therefore, only capable
of those customary rights which are founded OF
the jus natmale or Jus gentiuns. s- r.-
i l8. Free negroes ''prohibu,," or who are here il
violation of our laws and policy. are entitled to nj
such rights they are to be regarded as alien enc
mics or strangers 'prohibtP' and without the pal,
of somity incapable of acquiring or maintainiD, },
rights of property in this state which will bs
recogised by our courts. s.l., 81 axs.t..,g .
10. bequest to free woman of color. en- in
habitant or resident. or citizen of another state
permitted to reside here by our laws, is void in
this state. -f.....-.. ..-..,- I
1t is said that the Hon: 6has. Sumner is betroth
ed to Mrs. Thsyer, widow of the late John 4,
rhsyer, a millionaire of Boston. .,.t,,.-g