The herald and mail. [volume] (Columbia, Tenn.) 1873-188?, 1874-04-03
A Mother ls mo Kin to her enid.

A Mother is mo Kim to her Child,
10 the Editors Of the Herald and Nal:
I have watched your columns for sew,
eral months, hoping to discover how ouI
honOred Chancellor was enabled to ar
rive at and deliver a Judgment, and
thereby establish precedent in yerv
intricate case, that had occupied the at
tention of his Honor, Judge McLemore,
| under the head OF hdbeGS corpus, having
been disposed of by him, in my opinion.
very ably.
Now she case comes into the Chancerv
| Court to be examined by his Honor.
Judge Fleming, upon its merits, and to
establish precedent. In former DAYS.
there was owned by Maj. J. D. Fleming
a female slave, named Charlotte, who,
by consent of parties, was married to a
male slave called Daniel, owned by IT.
G. Frierson, by whom she had issue two,
oldstyle. He dying, she,had issue, bow.
new style (withOut msrriage). Discov~
ering her success in the Undertakings.
she resolved to repeat old style, and
married again to one Henry, slave of J.
G. HOuser, by whom she had issue (oId
Style, boy, George. Soon Henry took
fit of the 'Blues," and went with Gen,
Nelson to preach the doctrine of civil
and religious equality to the Corinth-
ians in the regalia of an American citi>
zen of African descent. He died, either
trying to solve the philosophic problem
of matter inertia with his body, or wash
ing out the pigmintum nigrum in the
Tennessee river. Houser, COL, VS.. His
toria Sacra, can the Ethiopian change
his skin, ergo American citizen African
descent is entitled to future rewards and
punishments. He sunk to rise no more.
leaving by his additions. a wife and boy,
(old style) as also a brother, Lewis
Houser, col. Charlotte again took to
herself husband in the person of one
Isaac Jones, COL, with whom she was
not so successful in her undertakings.
Wearying of her efforts, she at length
dismissed his attentions and services,
Disguised with temporal things In or
der to see whether Daniel was in the
lions den, or ii the Ethiopian had
changed his skin, she left her son
George (old STYLE, behind, in the hands
and keeping of one Joe Armstrong, lust
where his Honor, Judge McLemore, left
MN. WhereupOn her father, disSa It's |
fed with the decision, filed a bill in |
Chancery, thereby reviving an old ques-
ton, which, bye the bye, had puzzled |
and perplexed the best lawyers, 'twheth- |
er the mother be of kin to her child ?" |
But after much dispassionate inquiry |
and Jactltation OF the arguments on all |
Sides. 1t has been adJudged for the
negation. This determination, bowa
ever, contrary it may seem to run to the |
stream of vulgar ideas, yet has reason |
on its side; and has been put |
out of all manner of dispute by the |
famous case known commonly as "the |
Duke of Sutfolk's case" cited in Brooke |
IN SWinburn, on testaments and noticed |
by Lord Coke. In the reign of Edward |
the Sixth, Charles, Duke of Suffolk,
having issue, son, by one renter
and daughter by another renter, made i
his last will, wherein he devised goods
to his son and died. After which The
son died without wife and without
child; his mother and his sister, 1y the
father, still surviving him. The moth
81 took out letters OF administration on
the estate of her son, according TO the
statute of the 2lst, Henry the Eighth.
Whereby it is enacted ''that in case |
any one die intestate the administration
Of his goods shall be committed to the
next of kim" The administration being
.hus surreptitiously grantedto the moth
Or, the sister, by the fathers side, COM
nenced suit before the ecclesiastical
Judge, alleging LIST, that she herself was
next of kin; 2nd, that the mother was
not of kin at all to the party deceased,
md therefore prayed the court to revoke
he administration granted to the
mother and grant the same to her, as
next of kin to the deceased, by force of
'aid statue. Therefore as it was an
agreed cause, and much depended upon
is issue-and many causes of great
likely to be decided in times
70 come by the precedent to be then
made, the most learned, as well in the
aw of the realm as in the civil law,
we're consulted tOgelh her. whether the
mother was heir to her son or no. |
NhereuDtO, not only the temporal law
'ers but the church lawyers-the juTts
consolidating jurtSpTmdentis- the ciUiE-
0nS-the advocates, the commissioners,
he judges of the consistOry and prerog-
tive courts of Canterbury and York,
With the master of Faculties, were ali
unanimously OF opinion that the moth
n was not of kin to The child. 1fdtcr
ION nunleTGtcr inter consequences. Now
( the mother is not of kin to her child,
# what kin can the maternal grand
ather be to the chilli ? For it is prin-
iple in the law, things do not ascend
,ut descend in it. And | make no
loubt, it is for this cause that, how
yer true it is, that the child may be
# the blood and seed of the parents,
hat the parents are not of the blood
nd seed of it. Inasmuch as the par
nts are not begotten by the child, but
he child by the parents. LI6eri stunt
le sG11gutne paths ct neGtTiS, Sed pGteT
t mater non SlCnt dc SdnguiRe LiberOTunl.
Now in OuI case under inspection,
here are analogous points, the material
standing for the mother, 4.
whilst the brother of the deceased is
xclqded. At present the child is t
My TO be raised and protected, but the
hid is lawful heir to it's fathers
county and land script. A question
J: property will arise in the time to
ome. G. G. II. NICHOLS. :