The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1866-11-27

County annually, at the orphans court, to pre.
sent to The Court, in writing, the names OF all
orphan children within their county, that have
not guardians, not bound out to some trade n,
employment: and also all abuses, mismanaoa.
ment and neglect of such guardians as are an.
pointed by the court of their county; I recon-.
mend that the provisions of this section be en-.
slarged so as to embrace all children whom vo,
may declare fit subjects of apprenticeship aud
that the Jury report at every term of the court
and that il be made the duty of the county At
torney, at each term, to give the act 10 charge
to the Grand Jury. l suggest further that il
would tenG much to the security and proper care
of apprentices, if it were made the special dutv
of the county solicitor to attend to tbe bindip.
of each apprentice and attest the indeutures
with power in every case where he may deem
it expedient, to carry the case by appeal to the
Superior Court, and that proper provision be
made fol, his com peesatien for this service.
| have received from Thos p Devereux. ESQ
an aged citizen, distinguished for his ntelii.
gence, and long the owner aud manager of
large number of slaves, a letter on this subject.
presenting many views and reflections, the re-
suit of his experience. transmit his letter
with this message, and commend his suggestions
to your consideration 1t has been the policy
of the General Assembly, since the ordinance
of emancipation, to SO reform our laws, as to
personal rights, that no distinction should exist
to the prejudice of the blacks. find some dis
tinction still exists as to apprenticeship, mad
yertently overlooked l presume. Our laws re-
quire the binding Of white females to the age
of eighteen, and colored females to the age of
twenty-"ne years; and power is conferred on the
court to bind as apprentice, sthe children of
free negroes, when the parents with whom such
children may live, do not habitually employ
their time in some honest industrious ooenna.
ton" There is TO provision for binding white
children neglected by their parents. hope
the law will be so altered to abolish these dis
examinations, and all others, if say others be
found to exist.
An embarrassing difficulty, as to the binding
OF negro children, has lately presented ITSELF
On being notified by citizen, to whom, negro
children had been bound as apprentices by the
county court, that be had been notified by an
officer of the Freedmans Bureau, that such
binding would not be respected, and that he was
required to surrender such children, the iudon-
lures having been declared null by authority Of
the officers of the bureau, / had had no previous
notice that such interference was contemplated.
To reply to a letter of inquiry which thereup.
on addressed to Bvt Maj Gen. Robinson, the
Assistant Commissioner Of the Freedman's Blu.
reau in this State, he sent me copy Of the or.
der under which his subordinate acted 10 these
words: "The civil courts will not be allowed to
make any discrimination between whites and
blacks, in the apprebticing Of children No
child whose parents able and willing to sup
port it, can be bound without the consent of the
parents; children over fourteen years of age will
not be bound out as apprentices under any cir.
cumstanccs. Col. Rutherford will see that the
nj CTR od nd mill Of
once cancel all indentures not made in conformi.
ty Herewith" This order, if carried into effect,
substantially annuls, as conceive, the powers
o! our courts over minor children of color The
correspondence on the subject is not concluded.
l hope the order will be revoked As soon as
a final decision shall be reached [ will commu.
nicate it to you
administration Of Justice.-Soon after the adj
journment of our Conr enton. addressed a COM
munication TO Gen. Robinson, calling his atten-
tion to the fact that our laws had been re-
formed that no discrimination existed to the
administration of justice, tn the prejudice of free
persons of color. He promptly issued an order.
a copy of which accompanies this communication,
dated July tho I3lh, 1866, restoring to courts,
with one exception, all cases to which freedmen
are parties. This order relieved our people from
one source of great annoyance. Il has been faith
fully observed on the part of the bureau, and the
power SO justly and wisely exercised by courts
that nobody now doubts that the change of jurs-
dicfiun was proper one. ., ..-. -s. ......A
, Our anomalous condition, the boundaries of
jurisdiction between the military and civil author
tiles being lily defined, has led to much CORES
pondence between the Executive and Military
Commandments of the Slater 1t is spread out
my letter book. subject to your inspection. 1t
shows, as think, disposition on both sides, to
avoid unnecessary conflict. 10y f-- -rr'
For time was distressed by portion Of our
people. who. by petitions addressed to the Presi-
dent and otherwise, charged upon our courts par
TALLY and favoritism. to the prejudice of the
United States soldiers and negroes; and by re-
ports tending to the same end, made to me by the
military commandant of the State, covering
complaints made to him. by certain Of citi-
gems. who represented that they could not have
justice in our courts. Investigation has shown
these complaints to have had no just foundation,
and the manifest fairness with which our judicial
officers have held the scales of jnstice, has won
the admiration Of all. At one time these oom-
plants seemed alarming. deemed it of vital
Importance to ascertain whether there was any
great grounds for Them and If they were found
t" be unfounded. to eounteract their banefni in
huence. And. upon receiving from the military
eommandant of the State, a complaint from
citizen of Wilkes county. imputing grossly dis
loyal conduct TO certain persons being organized
as State militia, deemed it necessary to send an
agent. in conjunction with one appointed by the
mill ary commandant, to enquire into the truth
fulness of these allegations. | appointed VIM
Mason. Esq. of this city. His report. as well a.
that of tie officer sent with him by Gen. R"bInson'
showed the groundlessness Of the complaint. Mr.
Mason bore his own expenses and performed this
service, with the knowledge that had no power
to give warrant fnr his compensation. lbs
services were valuable to the State. and trust
you will have hesitation in giving him suitable
compensation.