The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1867-10-18


IMPORTANT DECISION BY CHrEr JUSTICE
CHAsE'-The wise foresight OF Congress in
passing the Civil Rights bill and thus prevent
ing quasi Rebel States like Maryland succeed
lhgln their attempts to resnscitate slavery I'M
Der "a new form becomes every day more APP
parent. On Tuesday, Chief Justice Chase
rendered a decision at Baltimore, founded up
on this bill, which will attract no little atten-
ton, declaring as it does, the colored appren-
tice laws of Maryland to be in conflict with
the Civil Rights bill and with the Constitution
of the United States as amended. The hear
ing before Chief Justice Chase was upon Pc
tition by colored apprentice for release upon
q writ of habeas CORPUS The facts in the case
are stated in the decision which we give in
FULL aH
The prisoner in this case seeks relief from re-
straint and detention by Philemon IT. Hmm
bleton OF Talbot County in MARYLAND. i'm al
legged contrayentiOn Of the Constitution and
laws of the United States. The facts as thew
appear, from the return made by Mr.. Humble
ton to the writ and by his verbal statement
made in court and admitted as part of the re-
turns, are substantially as follows;
The petitioner, Elizabeth Turner, a Young
person OF color, and her mother were prior
to the adoption of the Maryland constitution
OF 1854 slaves OF the respondent, that the con-
stitution went into operation November LIST in
1861 and prohibited slavery almost immedi-
ately thereafter. Many of the freed people of
Talbot County We're collected together under
some local authority, the nature Of which does
not clearly appear, and the younger persons
were bound as apprentices, usually, if not al
ways, to their late masters. Among others,
Elizabeth Turner, the petitioner, was appren-
tced to Mr. Humbleton by an indenture dated
on the "a OF November, two days after the new
constitution went operation. Upon COM
pairing the terms of this indenture which is
claimed to have been executed under the law
OF Maryland relating to negro APPRENTICES
with those required by the law of Maryland in
ipdentures for the apprenticeship OF white per-
sons, the variance is manifest, The petitiOner
under this indenture, is not entitled to any
education. A white apprentice must be taught
reading, writing and arithmetic. The petit
toner is liable to be assigned and transferred
at the will of the master to any person in the
same county. The white apprentice is not
| thus liable. The authority of the master over
the apprentice is described in the law as a
| property and interest. No such description is
applied to authority over a white appren
| tice. 1t is unnecessary to mention other
particulars. Such is the case. / regret that
l have been obliged to consider it without
| the benefit OF argument in support of the
| claim of the respondent to the writ But
! have considered it with care and an earnest
| desire to reach right conclusions. For the
II
ment of these conclusions without going into
| the grounds of them. The trial does not al
| low of more. The following propositions
! seem to me TO be sound and they decide the
| case: M l4 II ID. .sr -
1st The first clause OF the 18th amendment
| of the Constitution of the United States inter-
diets slavery or involuntary servitude, except
as punishment for crime, and establishes
| freedom as the constitutional right of all per-
| sons in the United States
I'd. The alleged apprenticeship in the pres
| ent case is involuntary servitude within the
meaning OF these words in the amendment
| Sd. 1t this were otherwise the indenture set
forth in the return does not contain important
| provisions for the security and benefit of the
| apprentice which are required by the laws OF
Maryland in indentures of white apprentices
and is, therefore, in CONFIRMATION of that
clause OF the first section OF the civil rights
law, enacted by Congress April 9, 1866.
4th. This law, having been enacted under
the second clause of the 18th amendment, is
constitutional and applies to all conditions
prohibited by it, whether originating in tran
| sactions before or since its enactment.
9th. Colored persons equally. with white
| persons are citizens of the United States
The petitioner must therefore be discharged
| from restraint by the respondent.