The Southwestern Historical Quarterly, Volume 97, July 1993 - April, 1994 Page: 26
754 p. : ill. (some col.), maps, ports. ; 23 cm.View a full description of this periodical.
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Southwestern Historical Quarterly
make a crop, the employee had to sign a written obligation that he or
she obtained this assistance in "good faith" and that without it he or she
would not be able to proceed. The advance, or the "amount thereof,"
would be a lien upon the crop and the stock furnished or bought with
the cash given. This lien would have preference over all others, "except
that for the rent of the land" on which the crop was raised. Liens would
be recorded in the county court offices.33
The legislature also enacted an apprentice law. All minors under four-
teen years of age could be bound by their father, mother, or guardian
until the age of twenty-one, unless they married. If fourteen or older,
the minor could agree to the apprenticeship if not opposed by their
mother or father. If the minor's age could not be ascertained (and most
black children had no evidence of their birthdate) then the judge af-
fixed it. This latitude in determining a youth's age led to abuses. Appli-
cations had to have ten days public notice and no minor would be
indentured except at the regular term of the court. The law gave judges
"exclusive jurisdiction" and required them to approve all indentures,
which the county clerk recorded.s4
The county judge had to require a bond, of which he established the
sum, from the master or mistress making the indenture. One or more
"good and sufficient sureties" guaranteed that the apprentice would be
furnished sufficient food and clothing, treated humanely, learn a "speci-
fied trade or occupation," and receive medical attendance. The sureties
would oversee the "general and faithful compliance with the terms stipu-
lated in the indentures." If the master or mistress failed to comply with
the terms of the contract, a suit could be instituted by the father, moth-
er, or guardian, or the county judge, for damages sustained. Any dam-
ages recovered would be applied to the benefit of the apprentice under
guidelines prescribed by the county judge.35
3 ". . . a synopsis of laws respecting persons of color," Jan. 3, 1867, S. Exec. Doc. 6, 39th
Cong., 2nd Sess., 221 (quotations), 223. What many have not realized is that the legislature
made it easy and convenient to impoverish blacks for any type of use or abuse of a farm animal.
Thus, the law declared that for the theft of agricultural products, farm animals, or any other
property or its "wilful destruction" or injury, the worker had to pay double the value of the ob-
ject; one-half to go to the employer, one-half to a general fund. Gammel (comp.), The Laws of
Texas, V, 996.
*4 Gammel (comp.), The Laws of Texas, V, 979 (quotation), 981; ". .. a synopsis of laws respect-
ing persons of color,"Jan. 3, 1867, S. Exec. Doc. 6, 39th Cong., 2nd Sess., 224-226.
" Gammel (comp.), The Laws of Texas, V, 979, 980 (quotations), 981; ". .. a synopsis of laws
respecting persons of color,"Jan. 3, 1867, S. Exec. Doc. 6, 39th Cong., 2nd Sess., 225-226. The
legislature surely realized that the freedpeople would not have money to initiate suits for an indi-
vidual's failure to abide by apprenticeship agreements. The apprenticeship could be terminated,
the individual released, and the bond cancelled, if the master or mistress brought their ward be-
fore a county judge and proved "on good and sufficient cause" that the apprentice would not be
"injured thereby." The apprentice could not reside outside the county in which the agreement
had been made without a written order from the county judge. When a judge granted permis-
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Texas State Historical Association. The Southwestern Historical Quarterly, Volume 97, July 1993 - April, 1994, periodical, 1994; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth117154/m1/54/: accessed May 7, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Texas State Historical Association.