The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-10-19

an instrument which had no validity what
ever, to remain in a condition Of servitude.
None of the provisions in an ordinary appreu- |
tioeship indenture applicable to minors gene
rally appeared IN the agreement. The appren- |
tice was simply held bound, under a covenant, |
to which her mother on the one side, and her
former owner on the other, were parties, to do
mepial work for a term of years.
Perhaps it was the sort of work the girl
considering her former oondition-was best
fitted for. But that in no way affected the
rights of the case: and Judge Chase in de-
Gliding that the indenture was invalid only
gave judicial expression to the sentiment of
the community where the case was tried.
The master of the girl made no formal de-
fense. His personal plea was one which did
not aim ut a contraventiOn of the law OF Con
gress, which in this case was clearly er post
tactO, nor did he plead that he had made the
indenture good under the State law. He
simply contented himself with stating that the
Civil Rights bill, which was passed eighteen
months after the child was indentured, did
not appear to him to be violated by the agree
ment.
Judge Chase, while regretting that the ques
tion was not submitted to argument holds
that the first clause of the thirteenth amend
ment of the Constitution OF the United States
interdicts slavery or involuntary servitude,
except as punishment for crime, and esta-
blishes freedom as the constitutional right of
all persons in the United States, and that the
alleged apprenticeship in the present case is
involuntary servitude within the meaning OF
these words in the amendment. He further
reasons that if this were otherwise, the inden-
ture set forth fn 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 contra
vention of that clause of the first section of
the Civil Rights law enacted by Congress
April 9, 1866. He decides that the law, hav-
ing been enacted under the second clause Of
the thirteenth amendment, in enforcement of
the first clause of the same amendment, is
constitutional, and applies to all conditions
prohibited by it, whether originating in trans
actions before or since its enactment and
clinches the decision by declaring that colored
persons, equally with white persons, are cti-
zens of the United States.
There can be no question as to the fairness
and business of this decision as affects the con-
dition of cOlored apprentices, indentured
under the conditions related. But it is one of
the worst features of our social system that
there is such repugnance to apprenticeship
among the growing community. For one ap-
prentice that we find to-day in the different
| crafts which create and sustain our home in
dustry, we ought to have dozen. This does
not apply equally throughout the country; but
cities. Persons who are barely fit to enter
upon an apprenticeship, are eager to become
| fOremen. An easy and smart way of living
is becoming so common that it is alarming.
| The equality of man is preached to an extent
which is not without danger. We all rejoice
to hear that this Maryland girl is released
| by Judge Chases mandamus from doing
| involuntary duty as a housemaid. But we
should have perhaps as great cause for rejoic-
| ing, if SerUice-real, steady, voluntary SER
| vice--were not held to be so discreditable a
| thing as it is, North and South, especially
among a certain class of people of all colors
| Where are our educated seamen, outside oi
| our mercantile marine How far does oul
credit run when we sum up the achievements
Of our coasting navigators 1t is needless to
speak Of other industries. But this business
of apprenticing to craft where one might
learn something has so far fallen into dlstavol
that we know not where to look for it. If i
should become unpopular among our colorec
brethren, as it has become here, it will neither
do them nor us much good. Even the valua
BILE franchises conferred on them will contri
butte but little to their personal atduence, o.
towards the prosperity of the country. If w
could teach them that honest labor is not a
all discreditable, we should perhaps do a
much for their moral comfort and their mora
enlightenment as by teaching them all tha
we happen to know about the natural right
of man.