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184 pages, Hardcover
First published January 21, 2025
Also, the state could legally apprentice any child who was born out of wedlock. This definition, of course, included anyone born a slave since slaves could not marry legally.
This is when slaves' inability to marry worked in Sarah Lacy Pope's favor. In rejecting Timmins's appeal, Chief Justice Moore noted that the apprenticeship arrangement seemed to be approved by Harry Pope in opposition to the acknowledged mother. However, he wrote, "it is a universally recognized principle of common law, that the father of a bastard has no parental power or authority over such illegitimate offspring." The maternal parent wins, and Mary Timmins loses.
Montgomery, a Confederate supporter, focused only on the legislation involved, explaining that under still existing state child-custody law enacted during Military Reconstruction, " a colored child, born before the 9th day of March 1866, within what was regarded as a state of wedlock between its parents, while slaves, and who is acknowledged by its father, is the legitimate child of both parents."