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.
The owner could sell a slave to an individual or a society, who wanted to emancipate him. Slaves frequently bought themselves. A free negro sometimes bought husband or wife and children, and then petitioned the state to free them. All bills of the sale of slaves had to be in writing and attested by at least one creditable witness. If the bill of sale was contested, two witnesses were required.[13] Philanthropic individuals and societies could have emancipated a great many slaves, if the state had not made its consent a necessary part of such manumission. When one considers how the benevolence of slave owners or the generosity of societies might have flooded a community with stupid, ignorant, and vicious negroes, he can easily see why society asserted the right to regulate the ownership of this kind of property.
(5) By Implication.
If the master by his acts or treatment of a slave, or in conversation with another, indicated that he meant to give a slave his freedom, the courts would recognize this as a basis for a suit for freedom.[14] The institution of a suit against a slave was an implication of his freedom, otherwise the bequest had no effect.[15]
(6) By the Effect of Foreign Laws.
If a slave owner of Tennessee moved to a free state with his slaves to reside permanently, this would indicate his intention to free them. If on entering such a state with his slaves, he agreed to free them at a certain future date, this would give the slaves a cause for a suit of freedom if he should later decide to return to Tennessee before the expiration of the time set for their emancipation.[16] Of course, Tennessee laws permitted a free negro to adopt a master and convey himself into slavery, but this was voluntary on his part.[17]