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Moulton Lawrence County Ala
July 6th 1867

Major Gen Wager Swayne Commanding Dist Ala &c

Dear Sir
I am at a loss to know what course to pursue in carrying out the 1st section of Genl orders No 3, Apr 16/67 in regard to revoking indentures of minors, shall the application, therein directed, be made by the minor or by some one placing himself or herself in the attitude of "next friend" as is usual in representing the interest of minors in the Courts, I have now a case before me of colored boy some 13 to 15 years of age who was apprenticed to party in the county who comes up and asks to be released from the indentures and I doubt not the boy can procure wages and make his own support and I think ought to be released and in the absence of more definite instruction I shall revoke the apprenticeship. The boy has neither father nor mother nor any relative known here or elsewhere. In such cases would it not be the duty of the agent of the Freedman's Bureau to represent the minor in his application for relief or should the Judge of Probate act upon the complaint of the minor alone.

I desire to carry out the order promptly, I have from the passage of the law by the Legislature condemned it as being an "ex parte" affair and have regarded it as giving too little directions to the Judge in apprenticing and asked the Legislature to make some amendments, your order however supplies the defects, only in applications yet to be made to have minors apprenticed if the minor could have someone acting in the capacity of Guardian ad litem or next friend the equity in the case will be more likely be before the Court.

I am aware that you cannot notice individually all inquiries made in the way but if courses tend with your wishes and engagements would be please to hear something on the points above.

Very respectfully your obt servt  J H McDonald Judge Pro Court

Transcription Notes:
edited, can't understand the last word before JHM... Edited again.