The daily clarion. [volume] (Meridian, Miss.) 1863-1866, 1866-03-15
To Cor. G. +. HOOKER,
Atty Gen'l Mississippi.

ATTORNEY GENERALS OFFICE,
jackson Miss, March 18th, 1866
SIR II am III 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 MulattOes."
| You ask, list, Is a negro minor liable to
| be apprenticed, by the Probate Court, giving
| preference to former owner, disregaTdlng
| the wishes of its parent or parents.
"2nd Is the mother of d tathcrleSs child
under u years of age, entitled to It's Gus
/ tOdy and services -
| answer your first question in the mega
| tive your second i'll the affirmative.
The first and sixth sections of the act make
| it the duty of all civil officers, i'll their
respective counties, to report to the Probate
| Court ''all freedmen, free negroes and mu-
| lattoes under the age of eighteen, who are
| orphans. or whose parent or parents have not
! the means, or who refuse to provide for and
! support said minors" Whenever these re-
ports are made, the jurisdiction Of the Pro
| bate 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 and Appeals, to mean
| ''fatheresS child" the act must have re-
| ceiVcd such construction as the law gives to
| the term i'll its legal sense But the subSe-
| quent use of the terms parent or parents
| coupled WIN Jnt COn(llilOnS ot dbllllN anu
| willingness to support" shows that 1t was
the design of the Legislature to use the term
| orphan III its popular sense as synOny-
| nous with ''minoT," as is shown by the par
agraph quoted from first section, where
orphan is referred to by the words said
| minor" the term minor" not having been
before used in the act. The use of the term
| parent or parents" shows that it was the
| intent of the Legislature to give to either
| parent the right to control the minor child
| when they have the ability" coupled with
| the Willingness" to support the minor.
The prime object of the Legislature was
| to give protection and direction to that
! large class of black minors who have been
recently freed; and secondly to prevent
this class of persons from becoming tax
! upon the public treasury The right of the
| former owner" to apprentice rests upon
the same ground us that of any other per
son that is, that the party sought to be APP
| prenticed is minor, without n parent who
is able and willing to support the minor,
| When these facts are made to appear, the
law gives the preference" to the former ow-
ner, coupled with the provisO, that he must
be Il suitable person" in the opinion of the
Probate Judge, to take charge of the minor.
Were there any doubt about the right of
! either parent to control the minor, 1t would
be settled by the 9th section of the act,
which provides "Be it further enacted,
L
free negro or mulatto, having minor child
| or children, to apprentice the said minor
child or children as provided for by this
| act"
The use of the general terms employed in
the title of the act, freedman" free ne
| gro" or "mulatto," must be construed to
/ embrace either parent.
You ask in the third interrOgatOry
"In case of uncertainty and doubt as to
/ the age of the minor. is the minor entitled
! to the benefit of the doubt, and to be APP
! prenticed for the shortest term of service p
! In answer to this, | can only say that the
| 10th and last section of the act, provides:-
THAT when the age of the freedman, free
negro or mulatto, can not be ascertained by
record testimony, the Judge of the County
Court shall fix the age
Full and complete power is given to the of
ticer named in the act to fix the age" In
the exercise of this power it is to be presumed
that the enlightened officers entrusted with
the discharge of this duty will be governed
| hy that spirit of justice to the minor which,
tits apparent. governed the legislative minds
in the passage of the act If, upon inspec-
tion of the minors, the Judge is in doubt as
to the precise age, it might be easily solved
| by calling on three disIntc1ested freehold
ers OF the county to pass on the age of the
/ minor.
Respectfully your obdt sv't,
c. T.. HOOKER,
Atty Gen'l of Miss.
| To His EXCEIIENCY, Il. G.. HUMPHREYS,
GOVERNOR OF MISSISSIPPI.