whomsoever further than may be necessary for their
protection under the laws of this state”; and
bequeathing also to Dangerfield all his other property
in trust for the use of these negroes and their descendants
forever. These provisions were being duly followed
when on a December morning in 1837 Rebecca Rhame, the
remarried widow of Broad’s late brother-in-law,
descended upon the Broad plantation in a buggy with
John J. Singletary whom she had employed for the occasion
under power of attorney. Finding no white person
at the residence, Singletary ordered the negroes into
the yard and told them they were seized in Mrs. Rhame’s
behalf and must go with him to Charleston. At
this juncture Dangerfield, the trustee, came up and
demanded Singletary’s authority, whereupon the
latter showed him his power of attorney and read him
the laws under which he was proceeding. Dangerfield,
seeking delay, said it would be a pity to drag the
negroes through the mud, and sent a boy to bring his
own wagon for them. While this vehicle was being
awaited Colonel James Ferguson, a dignitary of the
neighborhood who had evidently been secretly sent
for by Dangerfield, galloped up, glanced over the power
of attorney, branded the whole affair as a cheat,
and told Dangerfield to order Singletary off the premises,
driving him away with a whip if necessary, and to
shoot if the conspirators should bring reinforcements.
“After giving this advice, which he did apparently
under great excitement, Ferguson rode off.”
Singletary then said that for his part he had not come
to take or lose life; and he and his employer departed.
Mrs. Rhame then sued Ferguson and Dangerfield to procure
possession of the negroes, claiming that she had legally
seized them on the occasion described. At the
trial in the circuit court, Singletary rehearsed the
seizure and testified further that Dangerfield had
left the negroes customarily to themselves in virtually
complete freedom. In rebuttal, Dr. Theodore Gaillard
testified that the negroes, whom he described as orderly
by habit, were kept under control by the trustee and
made to work. The verdict of the jury, deciding
the questions of fact in pursuance of the judge’s
charge as to the law, was in favor of the defendants;
and Mrs. Rhame entered a motion for a new trial.
This was in due course denied by the Court of Appeals
on the ground that Broad’s will had clearly
vested title to the slaves in Dangerfield, who after
Broad’s death was empowered to do with them as
he pleased. If he, who was by the will merely
trustee but by law the full owner, had given up the
practical dominion over the slaves and left them to
their own self-government they were liable to seizure
under the law of 1800. This question of fact,
the court concluded, had properly been put to the jury
along with the issue as to the effectiveness of the
plaintiff’s seizure of the slaves; and the verdict
for the defendants was declared conclusive.[25]
[Footnote 25: Rebecca Rhame vs. James Ferguson and John R. Dangerfield, in Rice, Law Reports of South Carolina, I, 196-203.]