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Hall v. United States - United States v. Roach U.S. 27 (1876)

handle is hein.slavery/ussccases0456 and id is 1 raw text is: Oct. 1875.]   HALL V. UNITED STATES, ETC.

HALL V. UNITED STATES.-UNITED STATES v. ROACH.
Prior to the abolition of slavery in Mississippi, a contract there made between
a slave and his master neither imposed obligations nor conferred rights upon
either party.
APPEALS from the Court of Claims.
The facts are stated in the opinion of the court.
M1r. C. F. Peck, for the appellant Hall, cited Williamson v.
.Daniel, 12 Wheat. 568; 2ifenard v. Aspasia, 5 Pet. 513; Mc.
Cutchen v. llarshall, 8 id. 220 ; Fowler v. ierrill, 11 How. 375,
1 Pars. on Contr. 329; Butler v. Craig, 2 H. & McH. 216,1236;
Bawlings v. Boston, 3 id. 139; Hudgins v. Wright, 1 Hen. &
Munf. 134; Pallas et al. v. Hill et dl., 2 id. 149; Gregory v.
Bough, 2 Leigh, 686; Leiper v. Hoffman et al., 26 Miss. 623;
Pepoon v. Clarke, 1 Const. Ct. Rep. (S. C.) 137; Matilda v.
Crenzshaw, 4 Yerg. 299; Herod et al. v. Davis, 43 Miss. 102;
M1organ v. .elson, 43 Ala. 587.
M1r. Assistant Attorney- General Edwin B. Smith for the
United States.
Hr. T. H. N. iJicPherson for the appellee Roach.
Hall, being a slave, was not entitled to political or civil rights
while subject to his condition of servitude. Amy v. Smith.
1 Litt. 326; Lenoir v. Sylvester, 1 Bail. (S. C.) 633; Catche v..
The Circuit Court, 1 Miss. 608; Vincent v. Duncan, 2 id.
214; Hall v. Ml]ullin, 5 Har. & J. (Md.) 190; The State v. Hart,
4 Ired. (N. C.) 256; G-ist v. Coby, 2 Rich. (S. C.) 244; Jenkins
v. Brown, 6 Humph. (Tenn.) 299. His acquisitions belonged
to his master. 5 Cow. (N. Y.) 397; 2 Hill, Ch. (S. C.) 397.
1 Bail. (S. C.) 633 ; 2 Rich. (S. C.) 424; 6 Humph. (Tenn.)
299; 2 Ala. 320; 5 B. Monr. (Ky.) 186.
He had not the ability to contract or be contracted with
(Hall v. 3ullin, 5 Hay. & J. 190; Gregg v. Thompson, 2 Const.
Ct. Rep. (S. C.) 331; Jenkins v. Brown, 6 Humph. 299, 5 Cow.
397; Emerson v. Howland et al., 1 Mas. 45; Bland and Others
v. Dowling, 9 Gill & J. 27), and could, therefore, make no
binding contract with his master.  11 B. Monr. 239; 9 Gill &
J. 19; 3 Bos. & P. 69; 8 Mart. 161.

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