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Father, if any, must have notice sent upon them of the application, and an opportunity afforded them of coming into Court and defending against the application. I require also the Bond and Indenture in which it is stipulated that the children are to be taught to read, write and cypher as far as the Rule of Three. From what source, Lieut Smith gets his authority that none but orphan children can be bound, I do not know. Such is not the law of Alabama in regard to white children and nothing more, I am satisfied, is asked for black.
I would also call your attention to the 3rd Section of an Act passed by the Legislature of Alabama at its session of 1853 & 1854 Page 49 which empowers Judges of Probate to bind out Free Persons of Color under 21 years of age whenever he may think the interest of such party will be advanced by such apprenticeship made to a competent person for the purpose of having the apprentice taught a trade. Circular (No 4) recently received from you defines the meaning of the word trade to [[strikethrough]] be [[/strikethrough]] include a knowledge of agriculture where such is the business of the Guardian. But one case of this nature has come before me, and the proof was that