Beauties Of The Peculiar Institution

The case of Hinds, v.i. Brazealle, of whicli a synopsis is presenled above, Ilústrales in a very slriking manner, the practical workirtgóf slavery. It may be fouod in the second volumo of HowarJ's Mississippi repoi'ts, 1S07. The facts are tlicse. Jülislm Brazeelle, a Misbissi)pi planter, livod with a colorej woman, his slave, as liis wife. By lier lie had a son name] John Monroe Brazealle. In 182S, he left Missisippi, and resided for some time inOliio, bri'ngfing wilh him his son and the mother of his son, for the pnrpose of emaueipatirvg t1 etn. Wliile in Üliio, he executed a deed of emancipation, seiting hoth free, and shortly afler returncel wlth titem to his residence in Jcfferson coun'y, Mississippi. Sotne i years nfterwards lic died, iiaving made a wil!, in which lie ïecited t!ie deed oí' emancipation, declarad his ititeutio to ratify it, and dovised ;1 hisj prapertj to liis ton, acknowledgii.g him in the will to be such. Tlie more distant rela.tions of Elisba Brazpalle - how dis'ant does nnt appear - filed a bijl claiming to be lieirs at law, and as such not only cntitled to ibe property devise. 1, luit to the possession öf their relatives, Join Monrae =ml hls mothgr, as vrnnerty til - eo, on the ground tiiat the deed of emancijiation aml the will were void under tho laws oí' Wisifsippi. ïln's claim, which shocks every principie of justin', and every sertiment of humanity, was gustairied li'y tHe Suprerne Covirt of Mississippi. S, mu1 passages of the opinión! oí' the Court deliyered lv Chiet' Jnsiicc Sharkey, whose owo n;ini(; gaemi more appcopriate tlimi lus ojOBqial di'sinaiioü - -oro worthy of especial notice, as illustrating the inversión and subversión of all moral tíistirictions, by the adopiion of the idea of proporty in men. We quote these passages indicating the most renmrkiible by Italics, and leave them to the refiections of uur readers, without further i'enl " Tu gSvë it - the deed of emancipation - validity would be in the iïrstplucea violation of tho declared policy and contiary to a'posiiive law oftlic State. The policy nF a State is in dicated by the general course of legishition on a given subject, and we find that fre.e neroes are deerned offensivo, bxcause they are not permitted to emigrate to, or remain m the State. They are allowed few privileges, and subjeeted to heavy pénames for offerices. They are requjred to leave the State in thirty days after notice, and in tlic riic;iii limo to give sccurity for gwd l)elinvinr, and those who eau lawfully remw&rmustrtgister and carry with In in licir rxiilird.-.i, oí ir .'il'! 1 hc cominltIcd tn jail. It wuuld also viólate a positive law, passed ly the legislature, exp'ressj to maintain thU sottlrd policy, and tn prevent ei'iancipatioti. Nu nwiirr can ciidn-ixife hu; tlaue, nx. ly a deed will properly at: or acIuKiwiilijcd in court, and on pronf to tfCè legis: ature ihai s'icli slave has perforineid pomfe mertxerioua acJ Cur tita benefit qjf his máster, or sorpe isünguislied service for tlic StKte, and tlic; deed ar W.itl can havo no validity, 1111til i-aiiüed hy the special ac r of the legislature. # " 'l'lic state of the caso shows conclusively that the contract had its origin in an offarrice agaitist morality. pi'i'i ïcious and detostalih; as an cxam)le. Bnt abuve áll H seems to have been plttrined and exectlted wHth a fixed design to evade the rigor of the laws cit-tlic Stuio. " Tli! cl' tin; party in gning to Ohio wiili the slates and there ëxSctirting tlie deed, and his imirfédiate rètufri mÍiIi them to this State, point with iinerring certainty to his purpose and objetit. The laws of the State cannót thus be dëfratided of their operation hy ono of our own citizens. # The conseqiujnce is that the negroes, John M'ön'roe and his mqthei1 are still slaves, and a part oftha estáte of lClisha I5razealle. John Mmirno beftíg 1 slavo, eannot take tho property as devis d ; and I apprehend it is equally clear, that it eannot be held in trust lor him.'; Thua the leftrnèd and humane Bh-arJcey, Chiof Justion ol the High Court f EJrr,ors and and A))iüi!s ol' the Siaie of Mississippi, eau tiously avoiding the ivell known principie of law di'chued even 1)V tlie Coüfts of Lonisiana, that a slave once etifraiicliised by betng rmov ed by his master's consent beyond the jurisdictipn of the laws enslavirtg him, into the juri-sinrtion öLa State wHere slavery is not tolorated, can .'er be reenslaved, déélares that that the m( "il act of Brazealle in laktiig his wifo ati 1 Ohio lor tlie purpMe of emancipation, is a fraud on the operalion of the laws of Misiissippi, and with 011e feil swoop condgni the niother and son into perpetual slavery, and their propeity be(iieathed them by the husband and father, to aistant and unknown relntives.