The weekly Panola star. [volume] (Panola, Miss.) 1857-1881, 1866-03-24


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HiglHR preference ~ W. Mitchell
BIZ Primer aeHtf and + Mitchell
eHillltl ~ mtAIu possession III him
~ apprentice hlmf anil secondly
ihe mother ~ = hihefia# thltd
under ~ gtafH ~ age entitled ~ hs
wtsiwly and tetvloss binding ~ hlmi
TIE Get question Il b8i iee ffam
doubt
~ Il difficult ~ the n determine
10 whieh sehse lhe word orphan
need IN The set a. regulate lho telH
tiun N master and apprentice, ~
ftlaiel 10 freedmen. free Negroes and
mHlaitues' ~ M popular pnsc, the
word orphan i descriptive ~ .
child WIN is lwfmved u either
parent II had acquired q settled
Specification IN this State before the
law, and WIS declared by the High
Court If Errors and Appeals 10
mean q mthcrlcss child and tho con.
%elusion would secn natural that The
term was employed with fefenee IT,
Us meaning, as settled hy the highest
judicial tribunal Of the State, and |
would feel constrained to adopt this
view, but for the fact that, looking
through the whole net, | derive the
idea that the obvious intention Of the
Legislature was to apprentice mi
nors who had no parents, or whose
T, parents were unable or unwilling to
support them and | conclude that a
minor who has a parent able and
! willing to provide for It's support !.
not liable TO be bound rs an apprcn.
ticc BY the Probate Court, think
the object Of the law is fully accom-
{. plished in apprenticing those who
have no parents, or whose parent OF
e parents have not the means, or who
$ refuse to provide and support said
minors This view Is strengthened
5 and, | think, fully confirmed by thu
4 9th section Of said net, which confer,
I powers on any freedman, free ncgr'
or mulatto (male or female) having
minor child or children, as provide,
for BY this act"
"Taking the whole act, the legis
lative intent seems to have been t
secure the welfare of minors, (amonI
4 our late slaves,) by providing 70
2 their being apprenticed by the Pro
y bate Court, where they we're withou
Z parents Of ability or disposition t
= support them, or by the parent VIII
4 might deisre to bind the child. APP
, plying this view to this case, ! thinl
5 John is not liable to be apprentices
: by the Probate Court, and tina
n Mitchell can have no claim on tina
score.
It "Thc second question involve
n has been virtually answered by th
il quotation above Of the 9th section q
# the act referred to. For if the powe
: is directly conferred to apprentice til
minor until he is twenty-one year
i old, it would be difficult to deny tn
IT power TO bind him for n year durin
his minority. The greater include
.e the less. The statute but follows III
:; common law in this particular. TIL
mother Of u fatherless child is II
j. natural guardian, and entitled to il
It custody, services and earnings until II
majority, and may obtain possessio
Is by haheas corpus, and may lawful
contract Ter its service to another for
= period not to exceed its minority.
:? would like very much in this case
Ie crafty John, by allowing him to n
-e main with Mitchell, but it follow
+ from what is written above that d
i claim of the mother and Of Thoma
J. under contract with her, Is paramour
/? to the wishes Of the boy or his form'
re owner, and that he must be deli'
y cred up by Mitchell.
m at Is therefore ordered that San
q uel Mitchell deliver the boy JohI
son of Hannah, into the custody
/, his mother, and that Mitchell paytl
Of costs Of these proceedings.
y 81. A. +. CAMPBELL,
&c "Circuit Judge, 9th Dis. of Miss
a. ~