One way by which the master could relinquish his property rights in the
slave was by deed. A deed of freedom to a slave was valid only between
him and the owner or his representatives. It did not operate against
the claim of creditors. A deed of emancipation had to be witnessed and
recorded before it was binding upon the master.[7] Judge Catron, speaking
of a deed of manumission, in the case of Fisher’s Negroes v. Dabbs, said:
It is binding on the representatives of the divisor in the one
case, and the grantor in the other, and communicates a right
to the slave; but it is an imperfect right, until the state,
the community of which such emancipated person is to become
a member, assents to the contract between the master and the
slave.[8]
(2) _By Will._
A bequest of freedom by will was binding between the master or his
representative and the slave, but, until 1829, the slave could
not institute suit to complete the process of freedom in case the
representative of the master failed to take such action. Administrators
of estates took advantage of this weakness of the law. The result was
that either such a negro, being helpless, was reduced to slavery again,
or was left in a state of semi-freedom. In 1829, the state gave the
chancery courts jurisdiction of such cases and gave such a negro the
privilege of bringing suit for his freedom through his next friend.[9]
Children born of a mother who had been emancipated by will but who did
not receive her freedom until the expiration of a term of years received
their freedom at the same time the mother received hers.[10]
(3) _By Contract._
The slave could enter into a contract with his master for his freedom and
the courts would enforce such a contract.[11] This contract might be by
parol.[12] A contract between purchaser and seller to the effect that a
slave be emancipated at a certain date was binding between the owner and
the slave, and invested the slave with the right to complete the process
of freedom after 1829. Such a contract did not weaken the claim of
creditors, nor did it compel the state to grant the freedom of the slave.
The obtaining of the state’s consent, while conditioned on the initiate
step of the master, was entirely a separate procedure.
(4) _By Bill of Sale._
Public-domain text, read in full here on John Shaqi.
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