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
If the apprentice ran away, the master might pursue him and bring him
before a justice of the peace who could remand him to the service of his
master. If the apprentice refused to return, he might be put into jail
until the next term of the court, when his case would be investigated.
If it was found that he left without cause, he could be punished like a
hired freedman; but if he had a good cause, the court might discharge
him and enter judgment against his master for not over one hundred
dollars to be paid to the apprentice. Anyone enticing an apprentice away
from his master, knowingly employing him, furnishing him food or
clothing, or giving or selling him liquor without the master’s consent
was guilty of a high misdemeanor.
If the master wished to get rid of the apprentice, he might go before
the probate court, which could cancel his bond, and re-apprentice the
minor. If the master died, the court in re-apprenticing would give
preference to the widow or other member of the family of the deceased.
If the master wished to move to another State and take his apprentice
with him, he had to execute a bond conditioned upon his compliance with
the apprentice laws of the State to which he was going. Any parent of a
free Negro or mulatto might apprentice his minor child, and if the age
could not be fixed by record testimony, the court fixed it.
The only race distinction made by North Carolina[109] was the law that
no white child should be bound to a colored master or mistress, and this
came in 1874—long after the period here considered.
The apprentice laws of South Carolina[110] which applied only to Negroes
were almost as elaborate as those of Mississippi. A child over two years
of age, born of a colored parent, might be bound as an apprentice to any
respectable white or colored person; if a male, till he was twenty-one;
if a female, till she was eighteen. Illegitimate children might be bound
out by their mother. If the child had no parent in the district; or if
his parents were paupers, or unable to support him, or were not teaching
him the habits of industry and honesty, or were of a notoriously bad
character or vagrants, or if either of them had been convicted of an
infamous crime, he might be apprenticed by the district judge or by a
magistrate. Males of twelve and females of ten had to sign the contract
of apprenticeship and were bound thereby; but their refusal to sign
would not affect the validity of the instrument. If the apprenticeship
was voluntary, the contract had to be under seal, signed by the master,
parent, and apprentice, attested by two credible witnesses, and approved
by the district judge or magistrate. One copy of the contract was kept
by the master, another, filed in the office of the clerk of court. The
master had to pay three dollars for the approval of the contract by the
district judge or magistrate.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account