Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-10-19
CIVIL RIGHTS.

Important Decision by Chief Jusfies
Chase on the Civil Rights BiII-Ths
Law of Apprenticeship 20 be fhe
Same as 90 both BLACK and white
Law Of Maryland Declared Un.
constitutional.
AT Baltimore on the 10th inst, case
was heard by Chief Justice Chase involy.
ing the constitutionality of State law,
conflicting with the civil rights biIln
The facts are sufficiently stated in the de-
eision of Mr.. Chief Justice, which was as
follows:
The petitioner in this case seeks relief
from restraint and detention by Philemon
4. Hsmbleton, of Talbot county, in Mary
land, in alleged contravention of the con-
stitution and laws of the United States.
The facts, rs they appear from the return
made by Mr.. Hsmbleton to the writ, and
by his verbal statement made IN court,
and admitted as part of the returns, are,
substantially, as follows: The petitioner,
Elizabeth Turner, young person of color,
and her mother were, prior to the adop.
ton of the Maryland constitution of 1854,
slaves Of the respondent. That the consti>
tuition went into operation November /,
1864, and prohibited slavery. Almost i'm
mediately thereafter, many of the freed
people of Talbot county were collected to-
gether under some local authority, the
nature Of which does not clearly
appear. The younger persons were
bound as apprentices, usually, if not
always, to their last masters, Among
others, Elizabeth, the petitioner, was
apprenticed TO Hambleton by an in
denture dated the Sd Of November, two DAYS
after the new constitution went into opera
tion. Upon comparing the terms of this
iDdenture, which is claimed to have been
executed under the laws of MARYLAND, re-
lating to negro apprentices, with those re-
Guired by the laws Of Maryland in indent-
ures for the apprenticeship of white per-
sons, the variance is manifest. The petit
tioner, under this indenture, is not entitled
to any education. A white apprentice
must be taught reading, writing aud arith-
meiic. The petitioner is liable 20 be as
signed and transferred at the will of the
master 10 any person in the same county.
The white apprentice is not thus liable to
the authority of the master. The authority
Of the master over the petitioner il de.
scribed in the law as a property and inter-
est No such description is applied to
authority over a white apprentice. 1t is
unnecessary TO mention other particulars.
Such Is the case. regret | have been
Obliged TO consider il without the benefit of
any argument in support of the. claim of
the respondent TO the writ but, | have
considered it with care and an earnest de-
sire to reach right conclusions. For the
present shall restrict myself to a brief
statement Of these conclusions, without 60
ing into the grounds of them. The time
does not allow more. The following propo-
sitions seem TO me TO be sound, and they
decide the case:
/. The irst clause of the thirteenth
amendment Of the constitution Of the
United States interdicts slavery or in
voluntary servitude, except as punish
ment for crime, and establishes freedom "a
the constitutional right Of all persons in
the United States.
,. The alleged apprenticeship in the
present case is involuntary servitude,
within the meaning of these words in the
amendment.
). II this were otherwise, the indenture
set forth in the return does not contain the
important provisions for the security and
benefit of the apprentice which are required
by the laws of Maryland in the indentures
of white apprentices, and therefore they
are in contravention of that clause of the
first section OF the civil rights law, enacted
by Congress, April 9, 1866
4. The law having been enacted under
the second clause of the thirteenth amend
ment, the enforcement of the first clause OF
the same Amendment is constitutional, aud
applies to all conditions prohibited by it,
whether originating in transactions before
or since the amendment.
3. Colored persons, equally with white
persons, are citizens of the United States
The petitioner, therefore, must be dis
charged from restraint by the Iespodent.