Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1866-07-14
THE GA ZEIT.E.I.
SATURDAY EVENING, JULY a.

a&l DECISION OF JUDGE sHEFFEY. -.
v:hsn was Slavery Abolished in Virginia 9-what
was the eject Of Lincoln's Proclamation OF
July lst 1s6s?-when did the alexandria Con-
stitution go into effect.
These important questions have been an
swercd recently 10 an able opinion of Judge
:heffey, ina case arising in the Circuit Court OF
.Ieson county. The plaintiff on the llth day
q March, 1865, exchanged negro girl as q
:Iave. with the defendant, for half Of portable
saw mill. The girl remained with the plain
lit BIZ defendal IS request, until after the mill
&ary power of the Federal forces was extended
permanently over the Plaintiffs residence,
when she left as a free woman.
The plaintiff having sued the defendant for
his half Of the mill the defendant claimed
among other defcnces that
First, The girl was set free by the proclaEa-
ton otPresident Lincoln, on the lst Of January
1869, and consequently there "aa no consldera-
ton for he contract.
Secondly, II that was not the case, yet, as
slavery was abolished Ia Vireinia, by the Alex
andria Constitution, on the til OF April, 1864
the negro was tree and formed no consideration
Tor the contract
Judge Sheffev oycrruled both OF the pleas:
aud in bis decision Of the case proceeded to say
that the proclamation Of Lincoln was not justi
fed by the Constitution OF the United States
nor BIZ his position as conmandcr-in-chlef OF
the amy, and was consequently mere 6rntune
iu!m1a and is understood TO have been so sup
posed by Lincoln himself lie, therefore, de-
ciares that the ue@ro was hot emancipated by
he action of Mr. Lincoln proclamation. She
was then still a slave up to the 7th OF April,
1865, at which time the Alexandria caucus got
upa constitution, aboishng slavery III this
State.
As to the second point: after fully discussing
the whole subject tairy, the uige decides
thai the Alexandria constitution had no effect
in that portion of the State un1ercontrol IT the
government at Richmond q, least, until the
that The eirl was slave up to hat cate.
Ia the summing mp his opinion. he says,
that the government Of Virginia. seated 10
Richmond, was to say the least, lie fucto
aCgernncnt: that The c;'iZeus Ct Virginia, sub
iect to its power, were bound BY its lars; that
tie contracts and ACTS OF subjects Of that gov
rlumcut i!ier Sc&e, mus; be construed aud IN
forced IN any friendly forum, according 10 the
laws OF the de tUct0 government, an: nor accord
ing 20 new and adverse ena1'ments OF even
he iuye government, passed whilst our OF the
possession Of the Soye' ignty and lie Jac'o pow
81, such enactuents being iaope!a,i,e in con
temptation Of law. until they eau to enforced.
and 'henceiorward pyospectirclY only
= = ''And that until H." l0th Of April
1868, the constitution IT 1851, aud the Jaws
maize il pursuance thereof, whe her ~ dejuye
govornmen p'ior TO 1861, o. he defacto gov
alnn.ent subsequently,, constitute the law #
cont acfs t.. par!ies situated as The plaintiff
and G, PENDANT in II is case
i the Gil Was freed ly the proclamation OF
,ho IL JAZZ ary, 1858 Of coarse he would be
entitled TO sac Tor her wage trou hat time,
rs we'll rs prosecute for false imprisonment,
:.l1t il she was ca>tised at any time sub>eQuen'
10 h" Is January, 1863, might prosecute Tor
assault and battery.