The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-10-17

by COWnsei-Dc cisi0n OF tho Court In Fnvsr
BLrrxosa, October TO- 1857.
In the United States Circuit Court, yesterday hear
Ing had before Chief Justice Chase upon the pc.
ton Of Elizabeth Turner (colored BY her mex, friend,
Charles Henry Mnaky, addressed 70 the Hon. Salmon
p Chase Chief Judge OF the Circuit Court OF the Unted
States n and for the Maryland district Tho petitioner
alleges that she tho child Of Elizabeth Minaky, for
mery Elizabeth Turner that she Is restrained Of her
liberty BY Philemon 7. Hambiston. Talbot county,
Maryland, In violation OF tho constitution and laws Of
the United States also that petitioner d restrained Of
her liberty by virtue OF alleged indsntures Of
Apprenticeship made not in accordance with the laws
OF the State Of Maryland applicable binding Of
wri. OF habeas corpus addressed 10 said Hanbleton,
requiring him produce the person OF the petit
TONER and 70 certify the true Of her detention and
10 show cause II any he has. why pstoner should not
DO discharged
Tho petition 10 sIguod BY H stockbrdge and Nathan
~ Pussy attorneys for petitioner.
The petitioa WAS filed September 20. and endorsed:
'wris granted IS prayed returnabe October u, 1867
.ChIsf Justice OF tho United states
The master. r. I. Hambleton, made tho following re
turn 10 the writ
herewith produce the body OF Elizabeth Turner together
with copy of the indenue Of apprsnticeship showing
the Of her caption aud detention aud respectfully
await the action OF your HONOR
The petitioner appeared BY counsel.
Tue Chcf Justice inquired OF the respondent be had
counsel in court He replied in the negative and said he
would lot the matter be settled by the Court.
The Chief Justice stated that he would prefer that the
should b. iuiiy argued.
The respondent stated that the child and its mother
formerly hs slaves and were se free BY tho
s a ,'. which wen. into operation soysIess 1854
after she WAS emancipaied The law Of Congress called
tho Civil Rights bin was passed since the child was m
dcntured, April O. 1866 and everybody sold him that
abe law did not interfere with this case.
The Chef Justice said the questions in the
the argument OF counsel tho part OF the claimant.
He would adjourn the until to day o'c ock,
10 order TO give the claimant person Interested
tn the decision opportunity 10 appear II person
appeared he would dispose OF the case
The court convened at nine O'Clock this morning,
when the Chief Justice delivered the following de-
c.son:--
The petitioner in this case seeks relief from restraint
aud detention by Philemon T. hampieton, Of Talbot
sttution aud laws OF the United States. Tho facts
they appear from the return mada by Mr. Hambieton
the writ and by bis verbal statement mado aud
admitted part OF the return substantially toll
lows Tho petitioner Elizabeth Turner, young person
the Maryland constitution 1864 slaves OF the respond
That constitution went into operation November l.
1864, and prohibited slavery Almost Immediately there
after many Of tho freed people OF Talbot county
collected together undcr local authority the
Of which does not clearly appear, and tho younger
persons were bound ~ apprentces--usua.ly, II not
always TO their late masters Among Others Elizabeth
the petitioner apprenticed 10 Hambleton By
deuture the 81 OF November days after tho
constitution operation Cpon comparing tho
terms OF this ndenture. which ~ claimed tn been
executed under tho law OF Maryland rotating negro
apprentices with those required by tho Law Of Maryland
ia ndentufe for the apprenticeship Of white the
variance Is manifest. The petitioner under this linden
ture Is not entitled 20 any education; white apprsn-
ticc must he taught reading writing and arithmetic.
The petitioner is liable To be assigned and transferred
the will OF tho master TO any person In tho county
The shile apprentice Ia not thus liable Tho authority
OF the master over the petitioner 10 described In tbs
Law a. property and ncrest; no such description
applied TO authority over ~hc apprentices IL is un-
necessary to question other particulars Snch liz the
case. reeret have been Obliged IN consider Il with
ouL the benefit Of any argument in support OF the
claim az the respondent 70 the writ but have cons d.
cred with and earnest desire reach right
conclusions For the present shall restrict myself
brief statement Of these conclusions without gocg Into
tho ground OF them Tho time does not allow more
The following propositions seem 70 mo 10 he sound and
First The first clause OF the thirtesuth amendment
or the constitution OF the United States ntsrdicts
slavery involuntary servituds. except as punish
uonal ght OF all persons IN the United States
Scond-The alleged apprenticeship In the present
case Is involsntsry ssrvitsds within tho meaning OF
these words In too smcpdmcnt.
TAird--f this Otherwise the ndeuturs set forth
In does not contain important provisions for
required BY the lava OF Maryland in iudoptufes Of
white apprentices and H. therefore, In contrnven,Ion OF
OF the FIRST. section OF the Civil Rights law
enacted BY Congress April ., 1890
Eourth--This law having been enacted under the
second clause OF the thirteenth amendment enforce
mcnt OF tho first clause Of the same amendment 10
stutouai and applies TO oil conditions prohibited by H.
enactment.
FsI1-colorsd persons equally with white persons ars
The pstitioner therefore, must be discharged from
restraint by the respondent
Tho twentieth annual fair Of tho Maryland Institute
WAS opened to the public last ngna The number Of
quite large. and the display Of agricultural
ia,ems and mechanical machinery ana other scirs
~ very noe.