Hinds v. Brazealle
Encyclopedia
Hinds v. Brazealle 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.
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.
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.
Manumission
Manumission is the act of a slave owner freeing his or her slaves. In the United States before the passage of the Thirteenth Amendment to the United States Constitution, which abolished most slavery, this often happened upon the death of the owner, under conditions in his will.-Motivations:The...
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 mulattoMulatto
Mulatto denotes a person with one white parent and one black parent, or more broadly, a person of mixed black and white ancestry. Contemporary usage of the term varies greatly, and the broader sense of the term makes its application rather subjective, as not all people of mixed white and black...
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
Jefferson County, Mississippi
-National protected areas:* Homochitto National Forest * Natchez Trace Parkway -Demographics:As of the census of 2000, there were 9,740 people, 3,308 households, and 2,338 families residing in the county. The population density was 19 people per square mile . There were 3,819 housing units at an...
. 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 SharkeyWilliam L. Sharkey
William Lewis Sharkey was an American judge and politician from Mississippi.-Biography:He was born in Sumner County, Tennessee, where he and his family lived until they moved to Warren County, Mississippi, when he was six years of age. In 1822, he was accepted into the bar at Natchez...
said that the deed of manumission
Manumission
Manumission is the act of a slave owner freeing his or her slaves. In the United States before the passage of the Thirteenth Amendment to the United States Constitution, which abolished most slavery, this often happened upon the death of the owner, under conditions in his will.-Motivations:The...
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.