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
Other duties devolving upon the master were to teach the apprentice the
business of husbandry or some other useful trade or business specified
in the contract; to furnish him wholesome food and suitable clothing; to
teach him habits of industry, honesty, and morality; to govern and treat
him with humanity; and if there was a colored school within convenient
distance, to send him to school as much as six weeks of each year after
he was ten years of age. The teacher of such school must have the
license of the district judge to establish it.
The master could inflict moderate chastisement, impose reasonable
restraint on the apprentice, and bring him back if he ran away. If the
master neglected his duty or subjected the apprentice to the danger of
moral contamination, the district judge might dissolve the relation of
master and apprentice. All cases of dispute between master and
apprentice were to be tried before a magistrate, who had the power to
punish the party found to be at fault. If the judge ordered the
apprentice discharged for immoderate correction or unlawful restraint,
the master might be indicted and punished by a fine of not over fifty
dollars or imprisonment of thirty days. In addition, the apprentice had
an action for damages.
After the expiration of the term of service, the apprentice was entitled
to not over sixty dollars from his master. To the apprentice also
applied the provisions for the servant under contract, which have been
considered, except that the master was bound to furnish him medical aid,
as he did not have to do in the case of the servant. And for apprentices
also, as in the case of servants, there was a regular form of contract
which was understood to contain all the above stipulations.
In Delaware,[111] not a Southern State, but much like the Southern
States in its dealings with the Negro, in its code of 1852 as amended in
1893, is this belated statute: “Any two justices of the peace, on
receiving information of any Negro or mulatto child in their county,
having no parents in this State, or who, being under the age of fifteen
years, have no parent able to maintain them, or who do not bring them up
to industry and stable employment, shall issue process to a constable
commanding him to bring such child before them at a specified time and
place, and to give notice thereof to the parents, if any, and shall
thereupon inquire into their circumstances; and if it appear to be a
proper case for binding such child, they shall proceed to bind said
child as a servant, unless they shall deem the binding, under the
circumstances, to be inexpedient.”
Public-domain text, read in full here on John Shaqi.
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