The New York herald., 1863-11-21

n
he h.. owned Tasals eleven years under obligation
OF freeing her. coudes this obligation as an espeoA trust
o seo declaring that he has no heir having rights by
inheritsnce and bcqu asths 10 Taes three heaasi io
ls,s revok!n ing all prev ioes testsrents
ncsenyes dies August T. 1907 and the sth Of October
Hossiere petitions for the nrots OF ts last vii s
red as and obtans order FOR Inventory
which was aied tho 5ist ebd shOas property oSco9f
ing in value three Thousand doars
On S p 1856 toe executor Ied his petition syerrlns
that the deceased, in naming hn py his VIII tIs urer
sal legatce, had used an rnocoIt snustidn tina, no
really iuended % entfust him With ais property for tho
oenedt Of Iheas, TO tho deceased bad been mar
ried IN August 1851 hat there are no debs and that,
having obtained IN the Froy,st Court The emancipation
oi IAostis, lac aesres now,'c he relieved TOM ms
trust and trarsior the property IL II can be done,
10 Theaiis, in scoordance viii the y 'Shes ot .ns
dcceasef. lhere H. however, another claimant OF toe
hesc par,,es and tha ,he. court decide blycen them
and determine which Of the two IS emitted 70 the efate
so far Thea,s IL concerned she shog 70 haNo neon
!eit for fifteen twenty years Ia the uHd.iurhed eoy
nelt Of Der freedom 60 have lived IA mouse ren'ea ~
herself aborng for her living 5nd using a" tho Tetbra5
OF her sbor aud passing az vile Of deceased u seems
abe sold on the 4th OF April lsGS by tande Gus 70
sanS ,;S tGuyseor xoo IN m nss a. a, sp months
bearing mortgage on said slave. on ths l9ih OF
March. 1854. 1ouvreur transferred her. by snlen
tic act Nicolas TesanRcs for the pioo OF 800
cash c0red with the confederation that lie Shouts set
her free the laws OF the state shall permit
the game it being tho real intent moaning o. ti.e
said ac, tina. the urchaser grant freedom TO ,he slave"
II evidence shat boore and Mt the very time o pass
inc thesa scts she ed with decreased d. HE vito tsi
she led 10 him the 5th OF Auguat 1901 ald
lived with him AS such at the time OF b's deccsso. she
s shown TO hayc helped Icsanses y nis taIe, and re
pair his house 10 nave made money by her own .nddsry
from which she pad thcr household expenses On the
other hand tie nstnral sou appears TO have bean
educated by the deceased; TO have. at times,
lived with him and been presented 20 tho world
as his son IL il IN evidence that his mothcr
was slave. To inhcri, as hs ahe, ihsai@ INST
be proved TO have been free prior 20 he marriages. Tor
act OF marriage between free maa and slave IA
mere nSy &C. 3D. M we ,s aay 6,sYS , Soa e dTe se,.
oUoytent Of her freedom. IN SUCH case e term o.
years would have becu saiccn g enable he' g. .
scribe against her master. e g. $500 ba II y Urged
that Gulie exercised his rgbls ina.ior over her b.
making sa'e of her TO Sanic tonyrcur "a 1880 ana
that the OF prcscripun Lad not oiai whom
she married in 1861 Guilie's dcotUa icn o' ttc 10y
this act her 4. not enough IN tse to destroy 'he ore
supni ion that lie had intended bel g. enjoy Ubery
fOr long beofe this time he eIorcsat o. the isas
RIGHTS of mas,er Suffered by him 70 be al large before
this act there IS no change ia her 'as thereafter i'
sidcs these acts, taken with the evidence oi 'ouveNr
show cpncusyCy 20 the tOur; ths iateDtion q man&
her free far pc sbie ssute il may b. pccs mod
hardly paid 5000 for her, to sell her mmed1te7 after
for $500 Nor did she ever PASS into the sSe sN" o.
sanc: for then, before aud after, she i,ci ~ ,he
wife o. deceased. aud IN the full enjoyment OF ner tree
dom
But smother view OF this is to be considered
nesanges, giving mere nominal price ior ihe,'s was
bound to set her free by The very terms e act q pur
chsse. The laws then, and FOR years thereafter per
mtted manumissoD. There Was but formal onancira
ton TO have been effected THIS act ~ the pleasure
Of her master but o. right could not 10 eft t chance
and the viii o iesnnges The real isot i tha IRON he
moment the passaae Of the act 1884, 10 Ie,tnges,
Thel was free, though nomn,liy under the conif' Of
master.
Is Of the law OF nsurs more powerful than
the lava OF men, aud admitting oi no dispute God "rg'
naly made all his creatures ree II the Legislature Of
this State At in 1851 10 declare ost 40 slave could
be emsnc ysod thencccorth ia Louisiana, such Law
could not deprive one stain 'er OF rsh, posst sset be
fore the passage o. the law. II the laws did not pefia
its assertion II still Inherent right above The las
existed in sptc Of the law orDiodng enaneipa,
IT, then such her actual sotr, the will beng ST.
aside abe would entitled to The estate under rues GO
erniDg Tegnl. esson &C. c. 3i3), uDo-s 'osa Zap
tisie Achois lave better rights as the natural son The
eviden = is cear iaa hs Nicholas was The son Z" 'ae
%, eas,d fg mother beinga slave, there legal
uipediIep, 10 ne msrriagc Of his parents.
The statute (Itn Ma Ell 1891 parc Ssl, rsgivlD. !ey
-l title t5 OF the I,b Parjls, and giving power 10 ps
10 legitimate Their natural children by auheDc ac
expressly excepts such children as are issue parents
| forbidden by law to contract marriage.
srch being The fact the acknewedgment nrde by the
viii OF 1851 Is without eject 10 law even h It c such no
| tsriil acknowledgment as thu iaw contemplated.
II is true that Ncholag presents himself beore tho
court as FRESHMAN and that there s no evidence thai he
other thsn free at tho time Of the making OF the viz
o. 1851; but that bis mother was slave fsct that
| has passed without dispute.
The Court Is satisfied that Theas free A. III. time
OF the marriage. aad that Jean Bas,e Nicholas has not
,bs status that per nils him TO inherit by the act Of
Hossiere the universal legee claiming no hing under
4 the will Las become without effect, and TIE property
masi pass 10 tie legal heir. Ihsa,i; .he wie, %
ony one sa.,s,d g act, nasr ina. fss., sso,' M sia
widow OF the deceased Nicolas Desanges and tha, abe
entitled heir TO the elects o, hs succession ater
payment OF the expenses and charges o. the same
Another interesting before o. the courts was
one in which rebel CAPTAIN is sued ior divorce ny bis
WIFE, the plaintiff charging her rccreant lord with beng
dslo al 10 her aud hi, ccqtry aod proposes 10 establish
Der loyalty and her husband's treason The painh ~
Hannah yors wife of Arhaue Bohet The pisinir re.
Pre- that c married 10 Bobet in isJ2 N this
city, ana from that time tiil tie month Vf March 1867,
tney lived together aud sho always performed the part
o. good lrueand faith u VIE reyer violating tue VOWS
she made 10 him marriage bur the bus baud The
trafy did repeatedy strike ard beat her without rtovo
csti In March isGa he lett hcr aud went to tue -tao
Of Mississippi. where be oined the rebel army aud at
last accounts was acting a. an officer here0. The piaa
government O the United states and hat her husband
\ has been ever sncs the breaking the
ro!elliCn most inycterate and incorr,gbe reboi >he
| also charges him with having lived n adultery with
divers women. facts which have bat recently 20
her knowledge she further alleges that there has beea
10 issi rem The u1rrilee ana that the Commu1ty y
property A. the time q bis d,seftng her
wards OF hrndred and dfiv thousand dollars fra
| estate, sayes biis Locs and money The same being
community pro eriy, ard a owing mo- debts, shc s ufiF
ndegaiy cuitlsd 10 ouebalf thcfeo aod separation
! q tronefly ana divorce ,i@enis tta'r,aoaio.
The last heard from the dce dint he was Quarter.
I mater 10 Braggs army.
Another n,ses,inr divorce ca e beore To. court the
parties IA which are very Thy, b. thai "i %. -.
Sac ties s2a.ns. IN wife " is alleged hat The ag 20
qucsn is one % thoEc ir ana icry specimens OF hu.
l'.',J u.s - ~ ~ W. way t'Yo' ''l ~ ~
,'ahe.s and mat when elnncd fnybody, esi'c..
her IL hard her eye flashed g., ek ere and she had
very ucefcioDors way ot dftrbn ng vase tumblers,
thrce leegtd stoos--ia isci anything hst came hf-t
ar lust oues lead. Aer hearing argument court
granted plaintiff serafson ffon bed and board sud ht
| tutor MP q child IN 7ue % the garrilge
Corporai Jasper Powers, of Company y, Forty.
second chic Volunteers. Ihiriec-W army corIs. wss
captured on Saturday the 2lib VT. when on
a orngng eglcd.tiJa tie viDih.ty 0, oPeio'iris.
He was captured bF nafY a tho second Logilitua
trebeD cavalry disguised n federal Uniforms captured
some months ago al Bla hear CTS. 10 aud bus CON.
rafes were marched by TIER c.pf0rs % Alexandra
which plsc. rea he'd o. the 40 inst having tray
eIsd tue last twenty miles BY rail. Al AcxsHdrs thev
were lodged boz tie Couft ECule lie learned that Dick
Taylor has his hcasgusrsfs a. Atxsad and commands
al the 'roSrs iu 'hlt req % c1Gniry-SnOe ec,
slprcscd. u lierte1aut General 2. Kirby smith al
chieycrcrt, Not be n. c11ctly sat- fed With his cap.
uvity, and beag 0l adventurous tgrn he c0b'rved
means % cscaps. O1e n h ,eo~ prisoners had become
possessed Of rebel uLorua Which rowers traded Tor
and BY ltte st eludef the butternut qua a.
swan the river, ara etf4cs oT IN north
easteriy direction tor Nsichey On the fs, morning
oui he 10 h0uFe ths'waysd~ where he told
people that he ~ Ire of febc c0uf that
recently been establl he'd bc,scen Richmond Aex-
andris iio was apparently beiey.d. End permitted -
eat some brsakfst o. whlct he invited himself Ths
with itfee rccs q bre ID brought from Alexandria
trd some raw sweet o'stocs lorrec OIL hs tBtcns
this lite tramp foot ~ about ninety miles. lie
reached Na,chez On the 10th int.
HrGefier general A. !. Hamilton, TIE Niittry Gov.
crlor o. lcxas, sGirs gci public meeting Lyccum
Hall 70 this ety. on ihc ilh ast the Political gues
ton OF tho day The 5Idisns large aud rcsptct8.
DE uesdng spruklnr q Abe 'ar srx. Tue Governor
40 ~ 4 81