Elizabeth Turner
A Gathering of Information
Cynthia V. Schmidt
1860 Slave Schedule of
Talbot County
Philamon T. Hambleton
merchant and farmer of St. Michaels, Md.
1 female mulatto 29 years
(Betsy Turner?)
1 female black 25 years
1 female black 15 years
1 female mulatto 12 years
(Eliza Jane?)
1 male black 12 years
1 female mulatto 5 years
(Betsy?)
Indentures of Talbot
County
Pgs 332,333
Justices Leonard and Hopkins
bind to Philamon T. Hambleton, Eliza Jane Turner, daughter of Betsy Turner,
born 15 September 1850 and Betsy Turner, daughter of Betsy Turner, born 8
October 1856 to serve until 18 years of age.
New York Times
October 17, 1867
Maryland
Negro
Apprenticeship – The Case of Elizabeth
Turner, a Colored Apprentice – Judge Chase Decides the Indentures are Illegal and Releases
the Petitioner from Servitude.
Baltimore,
Wednesday, Oct. 16
In the United
States Circuit Court yesterday, a hearing was had before Chief Justice Chase,
upon the petition of Elizabeth Turner
(colored) by her next friend Charles Henry Minaky, addressed to Hon. Salmon
P. Chase, Chief Judge of the Circuit Court of the United States in and for the
Maryland District. The petitioner alleges that she is the child of Elizabeth Minaky, formerly Elizabeth Turner;
that she is restrained of her liberty and held in custody by Philemon T.
Hambleton, Talbot County, Md., in violation of the Constitution and laws of the
United States; also that petitioner is restrained of her liberty by virtue of
certain alleged indentures of apprenticeship made not in accordance with the
laws of Maryland, as applicable to binding of white children. The petitioner
prays the court for a writ of habeas corpus, addressed to said Hambleton,
requiring him to produce in court the person of the petitioner and to certify the
true cause of her detention, and to show cause, if he has, why the petitioner
should not be discharged.
Signed H.
Stockbridge and Nathan M. Pusey attorneys for the petitioner.
The petition was
filed Sept. 20 and indorsed “writ granted as prayed, returnable Oct. 15, 1867”
Signed S.P.
Chase, Chief Justice of the United States
The master P.T.
Hambleton made the following return to the writ:
“In obedience to
the command of the within writ, I herewith produce the body of Elizabeth
Turner, together with a copy of the indenture of apprenticeship, showing the
cause of her caption and detention and respectfully await the action of your
Honor”
The petitioner
appeared by counsel.
The Chief
Justice inquired of the respondent if he had counsel in court. He replied in
the negative, and said he would let the matter be settled by the court.
The Chief
Justice stated that he would prefer that the case should be fully argued.
The respondent
stated that the child and its mother were formerly his slaves, and were set free
by the Constitution, which went into operation Nov. 1, 1864. The child was
apprenticed Nov 3, 1864 two days after she was emancipated. The law of Congress
called the Civil Rights Bill was passed since the child was indentured April 3,
1866 and everybody told him that the law did not interfere with this case.
The Chief
Justice said the questions in the case were so grave and important that he
wished to be advised by the argument of counsel on the part of claimant. He
would adjourn the court until today at 9 o’clock in order to give the claimant
or any person interested in the decision an opportunity to appear. If not
person opposed he would dispose of the case.
The Court
convened at 9 o’clock this morning.
When the Chief
Justice delivered the following decision:
The petitioner
in this case seeks relief from restraint and detention by PHILEMON T. HAMBLETON
of Talbot County in Maryland, in alleged contravention of the Constitution and
laws of the United States.
The facts as
they appear from the return made by Mr. HAMBLETON to the writ, and by his verbal statement made in court and
admitted as part of the return are substantially as follows: The petitioner,
ELIZABETH TURNER a young person of color and her mother were, prior to the
adoption of the Maryland Constitution of 1864 slaves of the respondent. That
Constitution went into operation Nov 1. 1864 and prohibited slavery. Almost
immediately thereafter 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, if not
always, to their masters. Among others, Elizabeth the petitioner was
apprenticed to Hambleton by an indenture, dated on the 3d of November two days
after the new Constitution went into operation. Upon comparing the terms of
this indenture, which is claimed to have been executed under the law of
Maryland relating to negro apprentices, with those required by the law of
Maryland in indentures for the apprenticeship of white persons the variance is
manifest, the petitioner under this indenture is not entitled to any education.
A white apprentice must be taught reading, writing and arithmetic. The
petitioner is liable to be assigned and transferred at the will of the master
to any person in the same country. The white apprentice is not thus liable. The
authority of the master over the petitioner is described in the law as a
property and interest; no such description is applied to authority over a white
apprentice. It is unnecessary to mention other particulars: such is the case. I
regret that I have been obliged to consider it without the benefit of any
argument in support of the claim of the respondent to the writ, but I have
considered it with care and an earnest desire to reach right conclusions. For
the present, I shall restrict myself to a brief statement of these conclusions
without going into the grounds of them. The time does not allow more. The
following propositions seem to me to be sound and they decide the case.
First ~ The
first clause of the 13th Amendment of the Constitution of the United
States interdicts slavery or involuntary servitude, except as a punishment for
crime, and establishes freedom as the constitutional right of all persons in
the United States.
Second ~ The
alleged apprenticeship in the present case is involuntary servitude within the
meaning of these words in the amendment.
Third ~ If this
were otherwise the indenture set forth in the return does not contain important
provisions for the security and benefit of the apprentice which are required by
the laws of Maryland in indenture of white apprentices and is therefore, in
contravention of that clause of the first section of the Civil Rights Law
enacted by Congress April 9, 1866.
Fourth ~ The law
having been enacted under the second clause of the 13th Amendment in
enforcement of the first clause of the same amendment is constitutional and
applies to all conditions prohibited by it, whether originating in transactions
before or since its enactment.
Fifth ~ Colored
persons equally with white persons are citizens of the United States.
The petitioner,
therefore, must be discharged from restraint by the respondent.
1870 Maryland Census –
Baltimore
Canton Avenue
Charles Manokey black male 50
yrs of age born Maryland
Elizabeth Manokey black
female 46 years of age born Maryland
Elizabeth Manokey black
female 14 years of age born Maryland
1880 Maryland Census –
Baltimore
Charles H. Manoky black male
60 years of age
Elizabeth Manoky mulatto
female 55 years of age
Cassie Bell Manoky mulatto
female 7 years of age (their daughter)
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