UNCLE TOM'S CABIN

114 KEY TO UNCLE TOM S CABIN.
dnced that the slave has clone some meritorious act
for the benefit ofhis master, or rendered some distinguished
service to the state; ailwhich circumstances
until a
The same pre-reqitisite of " meritorious
servicesțo be adjudged of and allowed by
the county court,"is exacted by an act of
the General Assembly of North Carolina ;
and all slaves emancipatedcontraryto the
provisions of this act are to be committed to
the jailof the county, and at the next court
held for that county are to be sold to the
highest bidder.
But the law of North Carolina does not
refuse opportunity for repentance, even after
the crime has been proved : accordingly,
validity of the deed of emancipation to be
the main question in the controversy. He
and with the hopethatșmitten by remorse then argues that,althoughaccordingto
of conscience, and brough to a sense of his principles of national comity ' ' contracts
guilt before God and man,
are to be construed accordingto the laws
such person may,
if he thinks of the
proper,
country renew
or state where they are
his claim to the negro
so
emancipatedby him ; on
failureto do which, the sale is to be made by the
sheriff, and one-fifth part of the net proceedsis to
become the property of the freeholder by whom
the apprehension was made,,and the remainingpolicy of the state." What this " greatand
four-fifths are to be paid into the publictreasury.
It is proper to add that we have may be gatheredfrom the remainder of
giventhe decision, which we givein full.
York Evening Post,edited by
Cullen Bryant. They
of themselves.
are a romance
A man of the name of Elisha Brazealle,a
planterin Jefferson County,Mississippi, was at-
to maintain
this settled policy,
tackedNo owner can emancipatehis slave,but by a deed
with a loathsome disease. During his illness
we find that free
the law contends with the kind designs
negroes
are deemed offensive,
because theyare not permitted
of the master, is on record in the
to emigrateto or
remain in the state. They are allowed few privileges,
reports of legaldecisions in the State of
amd subjec to heavypenalties for offences.
Mississippi. The circumstances of the case They are Tequiredto leave the state within thirty
have been thus briefly stated in the New daysafternotice, and in the mean time give security
Mr. William
for goodbehavior ; and those of them who can
deed for her emancipation,
recorded both in the States of Ohio and Mississippi,
and made her his wife.
Mr. Brazealle returned with her to Mississippi,
and in process of time had a. son. After a
are hut pre-requisilcs and are
,
of no efficacy
special ofassemblysanctions the emancipation ; few years he sickened and died,leaving a will, in
to which may be added,as has been alreadystated, which, after reciting the deed of emancipation, he
a saving of the rightsofcreditors, and the protection
declared his intention to ratifyit,and devised all
of the widow's thirds.
his property to this lad,acknowledging in the
will to be such.
Some poor and distant relations in North Carolina,
whom he did not know, and for whom he
did not care, hearing of his death,came on to Mississippi,
and claimed the propertythus devised.
They instituted a suit for its recovery, and the
case (itis reported in Howard's Mississippi Reports,
vol. ii.,p. 837) came before Judge Sharkey,
our new consul at Havana. lie decided it,and
in that decision declared the act of emancipation
an offenceagainstrmorality, and pernicious and
detestable as an example. He set aside the will ;
gave the "propertyof Brazealle to his distant relations,
condemned Brazealle 's son, and his wife țhat
son's mother, again to bondage, and made them
the slaves of these North Carolina kinsmen, as
partof the assets of the estate.
Chief Justice Sharkey,after narrating
The sheriff is directed,five daysbefore the time
^or ^e 8a^e "^ ^ie
Stroud's Sketch
emancipated negro,
us. Haywood's' to givenotice,in writing, to the per- the circumstances of the case, declares the
Manuai,525,S26, "son Dy whom the emancipation was
S-l'J, 037 made, to the end,
made," yet these principles are not to be
followed when theylead to conclusions in
conflictwith "the great and fundamental
fundamental policy"is, in Mississippi,
examplesof the laws of states whose legislation
on this subject has been Let
most us
severe.
applythese principles to the deed of
The laws of Virginia,
emancipation
Maryland,
Ṭo give it validity would be, in
stroud, pp.
148-154. Missouri,Kentucky and Louisiana, and contraryto a positive law of the state.
are much less stringent.
The policy of a state is indicated by the general
A striking case, which shows how inexorably
course of legislation
a givensubject; and
the firstplace,a violation of the declared policy,
lawfullyremain must register and carry with
them their certificates, or they may be committed
to jail. It would also violate a positive law,
passedby the legislature, expressly
and to prevent emancipation.
or will properlyattested,or acknowledged in court,
he was faithfully nursed by a mulatto slave, and proofto the legislature that such slave haa
to whose assiduous attentions he felt that he owed performedsome meritorious act for the benefitof
his life. He was dulyimpressedby her devotion the master, or some distinguished service for the
and soon after his recovery took her to Ohio,and state ; and the deed or will can have no validity
had her educated. She was very intelligent, and until ratified by specialact of legislatureỊt is
improved her advantages so rapidly that when he believed that this law and policy are too essentially
visitedher again he determined to marry her. He important to the interests of our citizensto
axecuted a
and had it permi them to be evaded.