Race Distinctions in American LawStephenson, Gilbert Thomas
History
Race Distinctions in American Law
Stephenson, Gilbert Thomas
African Americans -- Politics and government; Law -- United States -- History; United States -- Race relations
The statute provided for a regular form of contract between master and
servant, which was understood to include all of the above stipulations
unless otherwise provided.
APPRENTICE LAWS
The early legislatures also made detailed apprentice laws. Although it
is scarcely open to argument that, in making such laws, they did not
have in mind primarily Negroes, still many of the statutes made no
mention of race, and, therefore, cannot be properly discussed here.
Thus, Alabama[106] had a long statute on apprentices, but the only
reference to the Negro was the rule that, if the minor be a child of a
freedman, the former owner of the child should have the preference of
apprenticing him, if a suitable person.
In Kentucky,[107] if the apprentice was white, the master must teach him
reading, writing, and common arithmetic up to and including the “Rule of
Three”; if a Negro, the master must pay at the end of the apprenticeship
fifty dollars to a girl and one hundred dollars to a boy, but if the
master should teach the apprentice to read and write, he was not bound
to pay any money. In Kentucky, also, in apprenticing Negroes, preference
was given to their former owners, if the latter were suitable persons.
Mississippi[108] had an elaborate apprentice law which related only to
freedmen, free Negroes, and mulattoes. The sheriffs, justices of the
peace, and other civil officers of the county had to report to the
probate court semiannually, in January and July, the names of all
freedmen, free Negroes, and mulattoes, under the age of eighteen, who
where orphans or whose parents were unable or unwilling to support them.
It was the duty of the court, thereupon, to order the apprenticing of
such minors, preference being given to their former masters if suitable
persons. The master had to furnish a bond payable to the State
conditioned upon his furnishing the minor with sufficient food and
clothing, treating him humanely, giving him medical attention when sick,
and, if the minor was under fifteen, teaching him or having him taught
to read and write. Males were bound till they were twenty-one; females,
till they were eighteen. The master could inflict moderate corporal
chastisement as a father or guardian might do; but in no case could he
inflict cruel or inhuman punishment.
Public-domain text, read in full here on John Shaqi.
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