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322

Head Quarters Sub Dist of Alabama
Montgomery Ala July 7th 1867

Staudifer Hon L.S
Probate Judge
Centre Cherokee Co. Ala.

Sir

Your communication of the 2" inst in reference to apprenticeship together with an enclosed letter from Mr Whitlock on the same subject is received.  In reply I have to say first;  that no order such as the one referred to by Mr D.C. Turrentine has been received at this office.  The only law governing this matter is the Act passed by the State Legislature at the session of 65 to at 66, and until its repeal or amendment this Act is the sole authority in such cases except such portion of the 1" Section of said Act as provides that if the minor to be apprenticed is the child of a freedman, the former owner of said minor shall have the preference.  As this makes a distinction between the races it is in direct conflict with the Civl Rights Bill and such portion of the Act cannot be enforced.  A careful perusal of the provision of said bill which is enclosed is recommended and you are hereby assured that this office, will sustain you by all means in its power in any action which you may take under the provisions of said bill.

Very Respectfully
Your Obdt Servant
O.D. Kinsman
Supt


Head Quarters Sub Dist of Alabama
Montgomery Ala  Jany 7" 1867

249/
To the A.S.A. Commr
Bureau R.F. and A.L.
Atlanta Ga
          
Sir 

General Swayne telegraphed you this morning in these words.  "Can fifty (50) freedmen be obtained in Georgia to labor near Montgomery at at what price".  This dispatch was sent at the request of a gentleman living near this place which fact I should have shown in the dispatch but neglected to do so, and therefore send this letter in explanation.

Very Respectfully
Your obdt oervant
O.D. Kinsman
Supt


323

Head Quarters Sub Dist of Alabama
Montgomery Ala  Jany 7" 1867

Probate Judge Talladega Co
Talladega Ala
          
Sir 

Complaint is made at this office that Danl Wallace of Fayetteville in your county has had apprenticed to him the three (3) children Cora aged 9, James aged 11, Mary aged 6 years.  That such apprenticeship was made without the consent of the Mother Ann Maria Wallace now living in this City.  Sec 11, of the present law of this State provides that when a minor has Father or Mother living in the County said parent shall be notified of the intended apprenticeship which shall not be consumated if the parent proves his or her ability to support the child.  The Mother is in appearance a very respectable person and states that she is well able to care for her children.  An early reply stating whether the law was in this instance strictly complied with is requested.

Very Respectfully
Your obdt servant
O.D. Kinsman
Supt


Head Quarters Sub Dist of Alabama
Montgomery Ala  Jany 7" 1867

/337
Mitchell Dr W.M.A.
Dadeville Ala
          
Sir 

Your communication in regard to a freedman who when in a state of intoxication made contract for himself and family for the present year, is received.  In reply I have to say that though there is no direct law upon this subject yet the spirit and intent of common law is against the enforcement of a contract made by a party who at the time of making it is from any cause whatever in an unsound state of mind.  In this particular case I think that the proper ground for the freedman to take is that the contract is null and void and that he has a perfect right to contract again with whoever he pleases.

Very Respectfully
Your Obdt Servant
O.D. Kinsman
Supt