The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-10-25
mn. Inst Judge.

The Just Judge.
E,o,a The N. Y badepehde"" ,-.,-,,. A..
Cbief Justice Chase's recent ueolsioH III 'ne
80 of Elizabeth Tuner-a ooloreo girl o
Worvland. whom the decision sets Tree Irom
NO. ,s,ro cd apprenticeship to her former slave
AZ 0DV a. another of the many bulwarks
iu''Y I.',, ,,s author has had the great opportu-
u,,r and the equally great felicity, of erecting
..bo defense of American liberty. The facts
are these:-
MFR. Lincoln's decree Of emancipation, dated
1onuarv l, 1868, did not include Maryland.
Trt MARYLAND shortly afterwards included her
elf by adopting a new constitution, which
,ront into operation November /, 1864 giving
freedom to nearly hundred thousand slaves.
Rut many-perhaps mOst-Of the masters
narted with their slaves grudgingly; and,
fbough slavery was constitutionaly struck
dead, its former upholders sought to revive 1t
nnder another name, through system of ap-
nrenticeship, degradingly different from the
anprenticeship of whites. For instance
by the laws of Maryland the indenture of
white child stipuates that he, or she, shall be
taupht reading, writing, and arithmetic; but
the indenture of black child stipulates no
sncb thing. The authority of the master over
his black apprentice Is described III the
law as a property and interest; but the
authority of the same master over
his white apprentice is of no such
character. The master may arbitrarily trans
fer his black apprentice to whomsoever he
will: but he cannot transfer his white appren-
tice to any other person. The negroes of
Maryland who were made apprentices to the
masters whom they had formerly served as
slaves found their new freedom tyranny
almost equal to their former slavery.
One of these victims was Elizabeth Turner,
formerly a slave of Philemon 7. Hambleton, of
Talbot county, Maryland. On the second day
after she attained her freedom by the new
Constitution, her master made her his appren-
tice. The Chief Justice says that, after the
new Constitution went into effect, ''almOst i'm
mediately, many of the freed people of Talbot
county were collected together, under some
local authority, the nature of which does not
clearly appear, and the younger persons were
bound as apprentices, usually, il not always,
TO their masters" 1t was for relief from this
apprenticeship that Elizabeth Turner appealed
to the Chief Justice in the United States Cir
cult Court in Baltimore. writ of hdbedS
corpus was issued by the court, commanding
Hambleton to produce the body of Elizabeth
Turner, to certify to the true cause OF her de-
tention, and to give reason Gf any he had)
why she should not be discharged. Hamble-
ton made the following return to the writ
"In obedience to the command of the within
writ, herewith produce the body of Elizabeth
Turner, togeths + with a copy OF the indenture
of apprenticeship, showing the cause of her
caption and detention, anu respectfully await
the action of your Honor"
His Honor then gave an admirably stated
decision, releasing the girl from Hambleton's
custody
"The following propositions" says the Chic
Justice, seem 10 me TO be sound, and the!
"First. The first clause Of the thirteeut
amendment of the Constitution of the Unite
States interdicts slavery or involuntary servi
tude, except as punishment for crime, an
establishes freedom as the constitutional rigl
ofall persons in the United States.
"Second. The alleged apprenticeship in til
the meaning OF these words in the amendmen
Third. If this were otherwise, the indentu
set forth in the return does not contain in
of the apprentice, which are required by th
laws of Maryland in indenture of white az
prentices, and is thereto @ IN contravention
that clause of the first section of the Civ
Rights law, enacted by Congress April 9, 1866.
under the second clause of the thirteent
amendment, in enforcement of the first caui
of the same amendment, is constitutional an
applies to all conditions prohibited by it, WIN
% ther originating In transactions before or sint
"Fifth Colored persons, equally with whl
persons, are citizens OF the United States.
1.-The petitioner, therefore, must be discharge
from restraint by the respondent"
The importance of this great and Just dec
sion will not be overlooked or forgotten by IL
friends of impartial Justice. There was tin
when nobody ever thought Of looking to IL
Chief Justice of the United States for wo
or act in favor of a black citizens citizenshi
That time-thank Heaven lis past. 1t is ma
ter of pride to the nation that not only one mo
Ofits most intellectual men, but one ofitsarde
champions of liberty, sits in the supreme SCI
of American justice. The great and good ma
whose generous instinct and scholarly tas
lent to Abraham Lincoln the beautiful closil
sentence of the proclamation of emaucipatio
now receives, not only the thanks of one hur
BILE petitioner, Elizabeth Turner, whom h
just judgment has delivered from oppression
but the thanks also of that great polite
party which is proud to recognize him as OF
of its ablest purest, and bravest leaders-ol
whom it ought always delight to honor-ai
one whom it may need, at some exigency,
call from the nations highest judicial to ii
nations highest executive seat.