Tongue v. Crissy

Le Grand, C. J., delivered the opinion of this court. The correctness of the ruling of the Circuit Court in this case, depends upon the interpretation which is to be given to the act of 1831, chapter 281. The agreement of facts set out in the record, shows that two of the petitioners, Rhody and Crissy, were the slaves of John Collinson at the time of his death,- and that his ether personal estate was more than ⁴⁶⁴ sufficient to pay his debts. It is also admitted that these petitioners were manumitted by his last will, and that the other petitioners were born subsequently to his death.

The defence set up to the claim for freedom is, that at the time of the death of Collinson, the petitioners, Rhody and Crissy, were not, because of their tender age, capable of maintaining themselves, and, therefore, under the 13th section of the act of 1796, ch. 67, incapable of receiving manumission. That section provides, that no slave or slaves shall hereafter be emancipated, unless they “be under the age of forty-five years, and able to work and gain a sufficient maintenance and livelihood, at the time the freedom given shall commence.” John Collinson made his will in the year 1836, and, of course, since the passage of the act of 1831, and the question therefore is, what effect have the provisions of that act on the language of the act of 1796, which we have quoted ? We are of opinion that the latter, in so far as its limitations are concerned, is repealed by the act of 1831. The 3rd section of this act declares, all slaves' shall be capable of receiving manumission, for the purpose of removal as aforesaid, with their consent, of whatever age, any law to the contrary notwithstanding.” This language is broad and comprehensive, and extends to all slaves, no matter what may be their age.

That the legislature designed to repeal the portion of the act of 1796, which we have given, is not only clear to our minds, from the language of the 3rd section of the act of 1831, but also from that of the proviso to the 5th section of the same enactment. This section, after authorizing the granting of permits for slaves to remain, declares, that “such permit shall not exempt any manumittor, or his' representatives', or his estate, from any liability to maintain any hereafter emancipated slave, who, at the time his or her right to freedom accrues, may be unable to gain a livelihood, or be over forty-five years of age at the said time, and afterwards