Hinds v. Brazealle - 3 Miss. 837 (1838)

Rule:

No owner can emancipate his slave, but by a deed or will properly attested, or acknowledged in court, and proof to the legislature, that such slave has performed some meritorious act for the benefit of the master, or some distinguished service for the state; and the deed or will can have no validity until ratified by special act of the legislature. It is believed that this law and policy are too essentially important to the interests of Mississippi's citizens, to permit them to be evaded.

Facts:

Prior to his death, the testator took the devisee, who was a slave, and the devisee's mother to Ohio for the purpose of emancipating them. The testator executed a deed of emancipation of said slaves in Ohio and then returned with them to his residence in Mississippi. In his will, the testator recited the fact that he had executed a deed of emancipation, declared his intention to ratify the said deed, and gave all his property to the devisee, whom the testator acknowledged to be his son. Testator’s executors proved the will and took charge of the estate, and have continued to hold it and receive the profits. The complainants were claiming the estate on the ground, that the deed of emancipation was void as being contrary to the laws and policy of the State of Mississippi, and that being so, the devisee was still a slave and incapable of taking by devise, or holding property. The respondents demurred to the bill, which was overruled by the chancellor. The present appeal followed. 

Issue:

Was the deed of emancipation void, thereby rendering the devisee still incapable of taking or holding property? 

Answer:

Yes.

Conclusion:

The court affirmed the trial court's decree overruling respondents’ demurrer. According to the court, no state would enforce a contract made by its citizens elsewhere in violation and fraud of its laws. In this case, the deed of emancipation violated the declared policy and the positive law of Mississippi, which held that an owner could only emancipate a slave by a deed or will properly attested or acknowledged in court and ratified by the legislature. Because the deed of emancipation had no force in Mississippi, the devisee and his mother were still slaves, they were part of the testator's estate, and the devisee could not take property as a devisee.