Such were the conditions and dangers with which the Johnson government had
to deal as it best could. It was believed by northern statesmen that the
situation would be mastered by enfranchising the negroes and investing
them with a citizenship exactly equal to that of white persons.[30] The
Georgia constitution of 1865 made it clear that the Georgia law-makers
were not disciples of that school. That constitution confined the
electoral franchise to "free white male citizens."[31] It ordered the
legislature at its first session "to provide by law for the government of
free persons of color," for "guarding them and the state against any evil
that may arise from their sudden emancipation," and "for the regulation of
their transactions with citizens;" also "to create county courts with
jurisdiction in criminal cases excepted from the exclusive jurisdiction of
the Superior [county] Court, and in civil cases whereto free persons of
color may be parties," and to make rules "prescribing in what cases their
testimony shall be admitted in the courts."[32]
The legislation enacted in 1866 in the interest of the public peace and
order consisted of--
1. An apprentice law. By this it was made the duty of the judges of the
county courts to bind out minors whose parents were dead or unable to
support them as apprentices until the age of twenty-one. A master
receiving an apprentice under this law was to teach him a trade, furnish
him food, clothes, and medicine, teach him habits of industry, honesty,
and morality, teach him to read the English language, and govern him with
humanity. On default of any of these requirements a master was to be
fined. The judge having charge of this law might, on application from an
apprentice or an apprentice's friend, dissolve the contract on account of
cruelty on the part of the master. An apprentice at the end of his term
was entitled to an allowance from the master "with which to begin life."
The amount was left to the master's generosity, but if he offered less
than $100 the apprentice might complain to the court, which should then
fix the amount.[33]
2. A vagrancy law. Vagrancy was defined in the usual language of our
criminal codes. The penalty was heavier than these usually provide,
because the need of suppressing the vice was more urgent than usual. A
vagrant might be fined or imprisoned at the discretion of the court, or
sentenced to labor on the public works for not more than one year; or he
might, at the discretion of the court "be bound out to some person for a
time not more than one year, upon such valuable consideration as the court
may prescribe."[34]
Public-domain text, read in full here on John Shaqi.
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