Moseley, John (alias: John Brooks) : Petition to Remain in the Commonwealth, Richmond City

The bearer John Brooks sometimes called John Mosely has employed us as his counsel to apply to the Hustings Court of Richmond for permission to remain in the Commonwealth of Virginia. The notice has been posted up and the application will be submitted to the Court at the October term which is the earliest possible moment it can be submitted under the law. August & Randolph August 11th 1855.

The Bearer, John, a free man of color, liberated, I am told, under the will of Mrs. Sarah Moseley, has been employed by the Committee of the City Council on the Capitol Square for some years past. As a member of that Committee I have had opportunity of knowing John, and from that acquaintance with him, I am satisfied he is a sober and well disposed man, and I believe him to be honest and obedient. I am informed by him that he intents to apply to the Hustings Court for liberty to remain in the Commonwealth. Besides the consideration of his having been so long in the services of the City, which may entitle him to a favorable hearing before the Court, I am persuaded that, if his application is granted, he will continue to deport himself as an upright and useful member of the community. Richmond, Augst 6th: 1855 Thos. Giles. R.B. Lyles Chas. Demmock E S Gay George W. Mumford Jno Talman jr L H Parker Geo R Peake I concur fully in the above statement and can bear testimony to the good conduct of John while employed on the public square[.] Jas Johnson

John Moseley Free coloured

Virginia At a Circuit Court of Chancery for the County of Henrico held at the State Courthouse in the City of Richmond on saturday March the 29th 1851. John sometimes called John Moseley and Claiborne sometimes called Claiborne Moseley pet [petitioner] against Waller Leake executor of Sarah Moseley deceased Deft [Defendant] This cause came on this day to be again heard upon the papers formerly read and upon the report and supplemental report of commissioner Davis made in pursuance of the interlocutory decree enclosed herein on the eighteenth day of June eighteen hundred and fifty with the exceptions thereto filed by the defendant and was argued by counsel: on consideration whereof the court is of opinion that the leading intention of the testations Sarah Moseley in regard to her two slaves John and Claiborne the plaintiffs in this suit, clearly manifested by these persons of her desire, that after a limited period which has now elapsed they should be allowed to select their own masters and have the sole use and benefit of their own time and labour, was to set them free from and after that time to all intents and purposes, the word master being used in the opinion of the court, in the sense in which it is often used in this state, not of an owner, in the legal signification of the term, but of a protector merely who render assigned or nominal authority might defend them from unlawful aggressions or legal penalties Thus construing the phrase refered to, it was designed as a privilege which might as the executrix supposed enable the slaves after their right to freedom should accrue, to remain in the Commonwealth a privilege which it was not in her power to confer, but which it was and is in the power of the county or corporation Court or of the General Assembly to extend to them. The Court is further of opinion that if the phrase in question could be construed as importing not a privilege, but

but a condition incompatible with the grant of freedom, or unlawful in itself, yet such construction, contrary to the leading intention of the testatrix, should not operate or be permitted to operate to avoid the grant but that the constrant itself help should be held void And it appearing to the satisfaction of the court that the apels in the hands of the defendant Leake as executor are sufficient to pay all the debts of the estate of his testatrix, the Court is of opinion that this unnecessary [copass?] upon the exception of the defendant to the report of the commissioner. Wherefore the Court doth adjudge, order and decree that the plaintiffs are emancipated by the said will and are now entitled to their freedom and that the said defendant Waller Leake executor of Sarah Moselely deceased do out of the apels of his restituion in his hands to be administrered, pay unto the plaintiffs their costs by them expended in the prosecution of this suit And the Clerk is authorized to deliver forthwith to the said plaintiffs, or to their conusel, one or more copies of this decree. A Copy, Teste Powhatan Roberts, clk