World Library  
Flag as Inappropriate
Email this Article

Hinds v. Brazealle

Article Id: WHEBN0025682076
Reproduction Date:

Title: Hinds v. Brazealle  
Author: World Heritage Encyclopedia
Language: English
Subject: American slave court cases, List of slaves
Collection:
Publisher: World Heritage Encyclopedia
Publication
Date:
 

Hinds v. Brazealle

Hinds v. Brazealle (1838) was a case decided by the Supreme Court of Mississippi, which denied the legality in Mississippi of deeds of manumission executed by Elisha Brazealle, a Mississippi resident, in Ohio to free a slave woman and their son. Hinds ruled that Brazealle was trying to evade Mississippi law against manumissions except when authorized by the state legislature, and the actions were invalid. Both the mother and son were declared legally still slaves in Mississippi, and the son was prohibited from inheriting his father's estate, as Brazealle had left it all to him.

Background

In 1826 Elisha Brazealle traveled from Mississippi to Ohio with a female slave and their mulatto son John Munroe Brazealle. He intended to emancipate both the woman and his son and return with them to Mississippi. During their stay in Ohio, Elisha executed a deed of emancipation for the mother and son, and returned to his residence in Jefferson County, Mississippi. In his will, Elisha reiterated his execution of emancipation for the two and left all of his property to his son John Munroe Brazealle. After his executors took charge of his estate, his relatives contested the will. They claimed that John Munroe Brazealle was still a slave and that slaves could not inherit property.

Decision

Chief Justice William Sharkey said that the deed of manumission was executed by a citizen of Mississippi in Ohio for the exclusive purpose of evading Mississippi statutes prohibiting the owners of slaves to set them free without an act of legislature. The deed was therefore fraudulent in Mississippi and became null and void. He ruled that John Monroe Brazealle and his mother were legally slaves in Mississippi and were prohibited from inheriting Brazealle's estate.

See also

References

  • Finkelman, Paul (2000). An Imperfect Union: Slavery, Federalism, and Comity, The Lawbook Exchange, Ltd.
This article was sourced from Creative Commons Attribution-ShareAlike License; additional terms may apply. World Heritage Encyclopedia content is assembled from numerous content providers, Open Access Publishing, and in compliance with The Fair Access to Science and Technology Research Act (FASTR), Wikimedia Foundation, Inc., Public Library of Science, The Encyclopedia of Life, Open Book Publishers (OBP), PubMed, U.S. National Library of Medicine, National Center for Biotechnology Information, U.S. National Library of Medicine, National Institutes of Health (NIH), U.S. Department of Health & Human Services, and USA.gov, which sources content from all federal, state, local, tribal, and territorial government publication portals (.gov, .mil, .edu). Funding for USA.gov and content contributors is made possible from the U.S. Congress, E-Government Act of 2002.
 
Crowd sourced content that is contributed to World Heritage Encyclopedia is peer reviewed and edited by our editorial staff to ensure quality scholarly research articles.
 
By using this site, you agree to the Terms of Use and Privacy Policy. World Heritage Encyclopedia™ is a registered trademark of the World Public Library Association, a non-profit organization.
 



Copyright © World Library Foundation. All rights reserved. eBooks from World Library are sponsored by the World Library Foundation,
a 501c(4) Member's Support Non-Profit Organization, and is NOT affiliated with any governmental agency or department.