American citizen. [volume] (Canton, Miss.) 1864-1890, 1866-03-22
To Col. Z HooKER,
Atty Gent Mississippi.

Jackson, Mss, March l2 h, 1861 |.
Sal am in receipt of your favor OF
9th inst asking construction Of the act
entitled AN act to regulate the relations
of master and apprentice, as relates to
Freedmen, Free negroes and Mulat-
toes"
You ask, list Is a negro minor liable
to be apprentced, by the Probate Court,
giving preference to former owner, dis
regarding the wishes oiits parent or pa
rents"
"qnd, Is the mother Of fatherless
child under IS years of age, entitled to lis
custody and services -
l answer your first question in the
negative, your second 10 the affirmative
The first and sixth sections of the act
make i! the duty of all civil officers, in
their respective counties, to report to the
Probate Court "all freedmen, free ne
proes and mulattoes under the age OF
eighteen, who are orphans. or whose pa
rent or parents have not the means, or who
refuse to provide for and support sail mi
pors." Whenever these reports are made,
the jurisdiction of the Probate judges,
over the minor, attaches. Had the act
used ONLY the term "orphan," as this
term has been adjudicated by the High
Court Of Errors end Appeals, TO mean a
"fatherless child" the act must have re.
ceived such construction as the law gives
TO the term in its legal sense. But the
4 subsequent use of the terms "parent or
parents" coupled with the conditions o.
liability and willingness to support,
= shows that i. was the design Of the Leg
, islature to use the term "orphan" in It's
popular sense as synonymous with mi
nor as is shown by the paragraph
, quoted from first section, where orphan i
referred to BY the words "said minor
:. the term "minor" not having been befor,
used in the act. The use Of the tern
parent or parents" shows that 1t was 'h
. intent of the Legislature to give to eihe
parent the right to control the mino
,. child when they have the Liability,
r coupled with the willingness, to sup
y port the minor.
> The prime Object Of the Legislature wa
e to give protection and direction to tia
IL large class Of black minors who have bee
, recently freed. and secondly to Prever
70 this class Of persons from becoming ia
upon the pablo treasury. The right
d. the "former owner" to apprentice res
-, ppor the same ground as that OF any Oil
10 other person; that is, that the par
l. sought to be Appended is minor. will
9 out parent who is able and willing
i supporl the minor. W hen these facts al
- made to appear, the law gives the pre-
o. erence" to the former owner, couple
n, with the proviso. that he must be a "Sul
=, able person" in the opinion Of the Pr
- bate judge, to take charge OF the mlno
Were there any doubt about the rig
r. Of either INT 10 control the MINOR
=. would be settled by the o h section Of tt
ne act, which provides : BE It t3Ttter
acted. That it ,hall be lawful TOR al
freedman, free negro or muatto, having
.bo minor child or children, to apprentice
r said minor child or children, provid
>, for by this act"
md The use Of the general terms employ
ow in the tile Of the act. freedman, "ii
md negro" or "mulatto." must be cons'ru
to to embrace either parent.
ess You ash in the third inteFrogatory
eE In case Of uncertainty and drubt as
.i.h the age Of the minor, is the minor eT
itb lied TO the benefit Of the doubt, and 10
h a apprenticed for the shortest term Of
be vice o.
vel In answer to this | can only say :
and the 10Th and last section Of the act, r
the vides That when the age Of the Ire
ele- man. free negro or mulatlo, can no.
con- ascertained by record testimony
MON Judge Of the County Court shall hK
rep age"
men Foil and complete power is giver
The officer named IN the act. TO INK
\ or age" In the exercise Of this pow
bern is to be presumed that The eni'ghu
,hs ,f;etrs entrusted with the disehaTg
.vla. hi. duty will b. governed by thai 5
nifty OF justice to the minor which It is =
nul, rent, governed the legislative m,n'
he P,-5n:e Of the set IT, uT7n 10