The eastern clarion. [volume] (Paulding, Miss.) 1837-1863, 1859-08-03
DECISIONS OF THE HIGH COURT
I Reported expressly for the Eastern Clarion.
April Term, 1859.

NO. 6jeI.
Finley b. Hiern, Executor appellant, vs. Edward
Brideault and Wife attendants

Appeal from the Court Of Prohates Of Harrison
County.
The aPPellees filed their petition in the Probate
Court IN behalf Of Mrs Brideault claiming be the
heir a law Of Francis Hall deceased; alleging that
appellant, a. executor Of said Hall had possessed
himself If certain personal estate belonging to said
decedent, 10y virtue of a pretended will IN favor of
one MaTcelette, Marceau Widow Chateau a free
woman Of color. whom the testator brought from |
Louisiana. OF which state She was n citizen 10 reside
with HIM IN tins State in fraud Of the laws and policy
thereof
The petitioner prays that the will in favor Of said |
free woman Of color may be set aside and the petit
toner declared entitled to the estate a, the sole heir
and dlstrbutee Of the said decedent To this pct-
m0h there was demurrer, which was oyerrued.- |
The appellant answ cred the petition, DENYING the
several allegations thereof Praofs were taken and
submitted 70 the Judge Of Protaes final hearing
whose judgment was 10y agreement appearing IN the
record 10 have the effect of the verdict Of Jury
decree was, thcreupon entered favor Of the appel
Ite on all the points made by the petitioner; from
| "Iich decree the appeal l. prosecuted.
WI only be necessary to notice two points pre-
scented IN this record:
/ l.t Doe, the proof show that the appellee is the
child and heir of the decedeut. AMI Ind. l. a free
| woman Of color capable Of taking property by de-
| wise ~ this Statel
Regarding the Judgment and decree Of the Court
below the verdict Of jury upon the issues of fact
involved IN this inquiry under the agreement appear
ing IN the record, nothing justify tins Court
M disturbing that verdict ON the fr,t point pre-
scented, viewing the testimony in the most favorable
light for appellant, It only be regarded pre-
sentng case ofrnutiiri no testimony IN which the
pTeponderance Of evidence cannot Doe said 10 be
greatly IN favor Of appellant. We are, therefore, 10
regard u a. settled that petitioner :, the child and
heir AZ law Of Francis Hail. and entitled to hiS estate
unless he has made valid disposition Of that estate
in III lifetime by deed, viii other conveyance.
pose Of In whole estate, free woman Of color"
We think beyond doubt from the evidence IN the
record; and by the description Of free woman Of
color to be understood Of African descent,
think equally clear from the frequent use Of the
same. similar language by both the legislative and
Judicial departments Of our state and National Gov
/ eminent, SYNONYMOUS with Tree negro
The only remaining question for our consideration
y whether free negro from another state Uithout
any Legislature Intervention ia her behaJ without per-
mission by our laws, is capable Of taking property by
VIII here. What. then, l. the status of the African
race IN the State Of Mississippi
In the absence Of positive law here securing to them
their rights, neither the citizens, inhabitants Of
other States nations have any rights in the State
OF Mississippi, except those resulting from comfy
Il is especially true Of the African, according the
case Of Scott vs. Sanford lg How that he has no
rights but such az those who hold the government
Of the Court ,says &. fancy p sU7) the legisa-
and histories II the times and the language used
in the lDeclaration Of Independence, show that ne
Their the class Of persons who had been imported
slaves. their descendants, whether they had be-
come free OF not were then acknOW lodged a. a part
Of the people, nor intended to be included IN the
general words used IN that memorable instrument
They had for more than a century before been re-
garded beings Of inferior order, and altogether
unfit with the white either in social
political relations aud 50 tT inferior that they had
rights Chich The rlC bound 10 respect; and
that the negro might Justly and lawfully be reduced
10 slavery for his benefit He was bought and sold
and treated an ordinary article Ofmerchandze and
traffic, whenever profit could be made by This
opinion was Al that time hNed and universal in the
civilized portion Of the white II regarded
a. an axiom m morals as well a. IN politics. which no
+ one thought Of disputing supposed to be open to
dispute; and men IN every grade Of position in soce
? ~ daily and hahituay acted upon IN their private
+ pursuits, a. we'll a. in matters of public concern.
n without doubling for moment the correctness Of
!" And in no nation was this opinion more firmly fixed
: or uniformly acted upon, than by the English GOV.
seHed them on the dat IF rid and od them o.
% held them slavery for their use, butt they took
them a. ordinary articles of merchandise every
] could "a
r and were far more extensively engaged IN tins com
1t merce than any nation IN the world.
e The opinion thus entertained and acted upon II
n England, was naturally imposed upon the colonies
n they founded this side the Atlantic. And accord
ls ngly negro Of the African race was regarded b.
" them an article Of property. and held and bough
Of and sold a. such IN every one Of the thirteen colo
MES which united IN the Declaration Of lndepeud
~ ence, and afterwards formed the Constitution OF tn
e. United States"
After citing various colonial acts Of legislation i
proof Of these facts, Justice fancy Inext proceed
OF show that the Declaration Of pcndence nethe
~ referred 10, embraced tins inferior race.
II But It = too clear says he FOR dispute tha' IN
II en-laved African were not to lie included. an
~ formed part OF the people who framed and adop
e ed this declarations foI II the language as nder,too
! that day would embrace them. the conduct 81 IN
~ distinguished men who framed the Declaration
- Independence would have been utterly ana hagrant
Ie inconsistent with the principles they asserted an
)" instead of the sympathy of mankind to which the
IT. confidently appealed, they would have deserve
"a and received universal rebuke and reprOhatlon.
70 yet the men who framed this declaration wei
an great men, high III literary requirements. high
their sense Of honor, and Incapable Of asserting pr
'r cIples inconsistent with those On which they wei
"h acting They perfectly understood the meaning
the language they used and how 1t would be unde
Of stood by Others; and they knew that 1t would not
oh any part Of the civilized world be supposed to
- brace the negro race, which by common consent b;
Do been excluded from civilized governments and u
the family Of nations and doomed to slavery. tn,
he spoke and acted according to their established Do
the tnes and pTinc pies, and in the ordinary language
en- / the dtv. and no one. misunderstood them The u
Of ! happy black separated from the white
en- Ind6ible marks, and Laws long before estabshe
mi and we're mover thought Of or spoken Of except
Nrf .HrF1g rho
DE profit Of the trader were supposed to need prott
.ng This state Of public opinion had undergone
and change when the Constitution adopted,
les equally evident from IT. provisions and language
OPP NO one Of that race had over emlgrated Ia {
tH hlled states Voluntarily an 1I them had be
lr6 brought here articles Of merchandise The nun
nth Der that had been emanclpated at that time we
yea but ir" IN comparison win those held IN >laNel
and they were identified IN the public mind with t
race 10 which they belonged and regarded as p;
ny of the slave population rather than the free 1t Is
10y vOus that they not IN the minds Of t
tile trainers ofthe Constitution when they were conf
* ing special rights and privileges upon the citizen o
The state m every other part Of the Union"
nu- He next proceeds 70 show that after the adopt
zeal Of the Constitution II the United States the diGre
ton States sill regarded the African A. an inferior ra
val and not citizens. He shows that Connecticut,
lem lS.3 passed a law making It penal % set up a
IN school in that state for the instruction Of persons
uun Thai IN the ss,>, Of Cr,ie Vs. The state 10th Cor
lte r. 80 G. j. Daggct held that persons Of this descr
ting uon were not citizens Of state within the meaul
ated III, word citizen IN the Constitution Of the L
ted states, and were not therefore. entitled to
m privilege aud IHmuElles af cluzens ~ other stat
avs. We forhear 70 quote further from this able, lea
DRY. ed, and ucid opinion Of the eminent C. j. athou
pages might be cited further illustrative Of the
u I that the negro OF African race has no status civil
dy, political m this country. save such each state
sed choose 20 confer by special legislation in It's own
raft risdction.
1ply The reason for this is because this race are al
tre Strangers Of an inferior class, incapable fcolty
ash whom our Government ha7 no eommerciai soc
the or diplomatic intercourse An exam nation of
and doctrines announced in Calylns case, will serve
'ttrr illustrate this position and further explain its
it's sons
~Cavin's case" vas ths-"whether Robert Ca
ens (belng born 10 Scotland since the Of Engla
.,e,. deseended 70 HlS Majesty Le On alien lGr+. {
action for any lands within the realm Of England.
was And It was aljuiged IN the Exchequer Chaml
thor the Lord Chancellor and the twelve Judges conc
line ring, that Calvin not an alien born and con
here quently might maintain his suit-i Cokes R ? 81
,iuy The report Of the case, however, proceeds up
rn.f ! the admission that 'aien born can maintain
the acton, real or personal, for any lands within
5pe exhibiting the state Of the English law a. this ca
Ada Rfvsyv man " n Y tTere tsi as either an alien l.
lnty subject born. Every alien Is either friend
nsrL is m league, &C., % an enemy that Is IN open
and Sc. Every alien enemy T. either temporarg al I
res pstual, or permitted especially Every subject
from either born, OF gwen OF made
nave An alien friend, at this time German Fren
man. SpaniaTd, &c. TALL the Kings and Princes
A., chriStendom beng now IN league with our sovere
MI but scot, being subject. cannot be said to
anu friend, Scotland to be sOiun dlatci may by
common Law have. acquire; and get within tins Re.
hin by gift trade or other lawful Heats en{ ltea3Hry
. ~ gu0is PERSONAL TAa,sSSySE g YSl az AN Engii
~, man. and ma! inaraln an action i"t ne same
"l land within this realm. houses. lhut fur their
ces~aFy hahltatol only alien friends cannot aclu
lcd any land or house. unless the house be their
e On. safy habation For if they should be disabled
81 acquire and maintain these things, II were IA en-
ana TO DENY them trade and traffic, which Is the lf'
VIZ every island But if this alien become enemy
N IN all alien friends mayD then Is be rl.ly,y aseGe,
may Ten, Ahathfs ii /. u y uhserst56d u temper
alien. that belnc an enemy, may be friend or he
- 4auf1t nDrTN ffal
PIP Though there be wars by fire and sword hetW
1,.i themJ cannot maintain any action or got aHyth
w." within thls realm" Aud ths y " vs. NHderStoq'
"a Of no diIhqmahc, t5ninierta social relations
Dc. other n4t4us and who do Rut recognize the obi
tons ot lntsFnallaEai law ana comfy. Inc auti
10y way Of illustration a. an example, proceeds tn
in prcsumes not that they viii De convered-that he
would a remote posshilIty-for between them A. with
have devils whose subjects they be- aud the Christs
etss there is perpetual hostility, and can be no peace
ro- Il j. said that the doctrines Of tll> case bsyc y
g 70 overturned. or At le9sf Ges'gd ana .ml chGnd
oyer barker. Akyns " IS cited or This Al eSarfinat
leg oftlht CASE will Show that no such questions "
more: there involved The question: under discussion
any Lord Chief Baron Parker trqm whose Ipdsm
,ogd slightly Of alien nfdel Witnesses 1t wa obleett
hat SAYS he that they ought not to be admitted as
what nesses from the perpetual comfy between Heath
er TO and Christians upon the authority Of Calyns
igs- &C. eth h l.. He adds This TO be undeTstoo
III re- spiritual discord only Sir Edward Littleton.
was Keeper. IN his readings upon the statute Of the
letter FL 3ri has sentiments there worth! uf IrcaJ ca
not t,L brnti. 'IUrks ana inhdels saith he, ARE
fcrDet.i ilfD.lrf nor is there particular enniity
Il add | tween them and us but this l. a common er
o The founded upon groundless opinion OF Jus
4 the Rrooke for though there be a difference betw
plat our religion and theirs that does not obge -
'"n- enemies their pcrSunS-t,cT ST- TAG creRtlr
'r adj cod ana o saiue kind aS We are, aud II wutL
tdcA | a ,lh m ns 10 hurt their petsC ns."-Salk. Ii
on Of Il viii be seen that the Chief Baron !. here dir
ct Of ng his opinion the illustration used by Lord G
lures aud not to the principle lie was endeayC41"s 10
Dc Su- force.
l~e TO IcIG tohe vas discussing the question Whei
S u Calvin the plaintiff being born IN scotland since
"a To Crown Of England descended 10 James LIST. ho
ted in alien born and 80 disabled bring any real or
eary sungl action for any lands within the realms OF
le op land After discussing great length the doc
II the allegiance. and to whom 1t - due and PF Nh
lot a. ne comes to show from whcra 4 - ~ dhe and
the He defines N ,iDL te ~ subject that = horn
!, ls Of t. etIHncc Of the King, and under the egla
1rcd Of another and have real OF personal a'
ask. for OF concerning lands: but IN every such a"
FOR the tenant or defendant may plead that ne was
'on' IN such country. which ., not within the legianc
when the King. and demand Judgment II he shan ne s,S
act by ed" For this he cites Lttle2E s"o o'her auth
greed ties
sl,,o- t next proceeds 10 show the different kind
e nor aliens 1T Alien friends; 2nd. Alien enemies.
and again distinguishes the different classes oi alien
nom mics into.-l Alien enemies who are temporary
Perpetual, and 3. Specially permFelt ANd Nhti
comes to treat ~ porTeiUai ebciitt., ne SAYS: .
morn, tual euemie 4 ttHoUth thegebe no Wars Of
,r5,y ana sw ord letvecn thch) cannot ltnhlnh ANY
~ action, or got anythGg within this realm All
NY dels pcJCb.I tRuttgL N' tie y treating OF the
zee. ltca rights and relations Of different nations
-, their subjects. and showing that among nat