« AnteriorContinuar »
he shall be uilty of a misdemeanor, and u on conviction s all be fined in a sum not excee ing one thousand dollars, or shall stand in the pillory not more than three hours, or be whipped not more than thirty-nine stripes on the bare back, at the discretion of the jury.
SEO. 6 applies the provisions of this act to all contracts between employers and employés relating to the lumber, rafting, or milling business, and to all other contracts with persons of color to do labor and to perform service.
An Act prescribing additional Penalties for the Commission of Ofl'ences against the State, and for other purposes, January 16, 1866.
SEC. 1 provides that whenever in the criminal laws of this State, heretofore enacted, the unishment of the offence is limited to fine an imprisonment, or to fine or imprisonment, there shall be superadded, as an alternative, the punishment of standing in the pillory for an hour, or whipping not exceeding thirt '-nine stripes on the bare back, or both, at the iscretion of the
1 SXEO. 3 makes a felony, punishable with
death, the exciting, or attempting to excite, by
writing, speaking, or by other means, an insurrection or sedition amongst any portion or class of the population.
SEC. 12 makes it unlawful for any negro, mulatto, or person of color to own, use, or keep in ossession or under control any bowie-knife, dir , sword, fire-arms, or ammunition of any kind, unless by license of the county judge of probate, under apenalty of forfeiting them to the informer, and of standing in the pillory one ur, or be whipped not exceeding thirty-nine stripes, or both, at the discretion of the jury.
SEO. 14 forbids colored and white persons res ectively from intruding upon each other's pu lic assemblies, religious or other, or public vehicle set apart for t reir exclusive use, under punishment of pillor or stripes, or both.
SEO. 15 provides t at persons formin a military organization not authorized by aw, or aiding or abetting it, shall be fined not exceeding $1,000 and imprisonment not exceedin six months, or be pil cried for one hour, an be whipped not exceeding thirty-nine stripes, at the discretion of the jury—the penalties to be threefold upon persons who accepted offices in such or anizations.
EC. 19 prohibits any person from hunting within the enclosure of another without his consent, under penalty of a fine of $1,000, or im~ prisonment not exceedin six months, or the pillor for one hour, an bein whipped not excee in thirty-nine stripes. '0, if a person takes, ri es, or uses any horse, mule, ass, or ox, without the consent of the owner, whether the person so usin is in the employ of the owner or not: so, by ' no. 17, if a person shall move into any tenant house or other building without leave of the person in charge, or illegally take possession of any church or school-house, educational or charitable building, or cut down trees exceeding $1 in value, with a view to convert the same to his own use. Burglary is punishable with death, or fine of $1,000 and imprisonment not exceeding six months, or standing in the pillory one hour, and being whipped not
exceedin thirty-nine stripes. An assault upon a white emale, with intent to commit a rape, or being accessory thereto, is punishable with death.
An Act Prescribing additional Penalties for the Commission of Ofi‘enses against the State, Jarruary 15, 1866.
SEC. 12 provides that it shall not be lawful for any negro, mulatto, or other person of color, to own, use, or keep in his possession‘or under his control any bowie-knife, dirk, swurd, fire-arms, or ammunition of any kind, unless he first obtain alicense to do so from the jud e of probate of the county in which he may e a resident for the time being ; and the said judge of probate is hereby authorized to issue license, upon the recommendation of two respectable citizens of the county, certifying to the peaceful and orderly character of the applicant; and any negro, mulatto, or other erson of color, so offending, shall be deemed to e guilt of a misdemeanor, and upon conviction shal forfeit to theuse of the informer all such fire-arms and. ammunition, and in addition thereto, shall be sentenced to stand in the pillory for one hour, or be whipped, not exceeding thirty-nine stripes, or both, at the discretion of the jury.
$150.14 provides that if any negro, mulatto, or other person of color, shall intrude himself into any religious or other public" assembly of white persons, or into any railroad car or other public vehicle set apart for the exclusive accommodation of white people, he shall be deemed to be guilty of amisdemeanor, and upon conviction shall be sentenced to stand in the pillory for one hour, or be whipped, not exceedin thirty<nine stripes, or both, at the discretion 0 the jury; nor shall it be lawful for any white person to intrude himself into any religious or other public assembly of colored persons, or into any railroad car or other public vehicle, set apart for the exclusive accommodation of persons of color, under the same penalties.
An Act to Raise a Revenue for the State of Florida, January 16. 1866.
Snorrou 1 imposes a yearly capitation tax of three dollars upon e male inhabitant between twenty-one an ty-five, except paupers and insane or idiotic persons. In default of payment the tax collector is hereby authorized and required to seize the body of the said delinquent and hire him out, after five days’ public notice, before the door of the ublic court-house, to any person who will pay t e said tax and the costs incident to the roceedings growing out of said arrest, and takehim into his service for the shortest period of time: Provided, That if said delinquent be'in the employment of anothert-he said em loyer may ay the tax and costs, and the saidp payment sliall be good as a credit a ainst the amount that may be due by the emp oyer as wages to the said delinquent.
An Act Concerning Schools for Freedman, Ianus-ry 16, 1866.
Provision is made for schools for freedmen— supported by a tax of one dollar upon all male persons of color between twenty-one and fiftyfive, and a tuition fee to be collected from each pupil—the schools to be in charge of a superintendent and assistants; no person to teach with
These are some of the provisions in the recently-enacted laws of Virginia respecting colored persons:
That no contract between a white person and a colored person, for the labor or service of the latter for a longer period than two months, shall be binding on such colored person, unless the contract he in writing, signed by such white person or his agent and by such c0 ored person, and duly acknowledged before a justice or notary public, or clerk of the county or corporation court, or overseer of the poor, or two or more credible witnesses, in the county or corporation court in which the white person may reside, or in which the labor or service it to be performed. And it shall he the duty of the justice, notary, clerk or overseer of the poor, or the witnesses, to read and explain the contract to the colored person, before taking his acknowledgment thereof, and to state that this has been done in the certificate of acknowledgment of the contract.
“a 5. The writing by which an minor is bound an apprentice, shall specify his age, and what art, trade, or business he is to be taught. The master, whether it is expressly provided therein or not, shall be bound to teach him the same, and shall also be bound to teach him reading, writing, and common arithmetic, including the rule of three."
The marital relation between colored persons is regulated by law. The colored ‘person must procure a license the same as the whites, and persons celebrating a marriage are obliged to report it to the county clerks, and whether white or colored.
Where colored persons, before the passage of this act, shall have undertaken and a reed to occupy the relation to each other of usband and wife, and shall be cohabitin together as such atthe time of its passave, whet ier the rites of marriage sh all have been cefebrated between them or not, they shall be deemed husband and wife, and be entitled to the rights and privileges, and subject to the duties and obligations, of ,that relation in like manner as if they had been duly married, and all their children shall be deemed legitimate, whether born before or after the pass
age of this act. And when the parties have ceased to cohabit before the passage of this act, in consequence of the death of the woman, or from any other cause, all the children of the woman, recognized by the man to to his, shall be deemed legitimate.
Bigamy, too, is punished in the case cf the negro as of the white person, and also intermarriage within the prohibited degrees. And all persons oficiating in the rites of marriage without due authority of law are punished by fine and imprisonment. '
Under the old code these provisions applied only to white persons.
Be it enacted, That every person having one fourth or more of negro blood shall be deemed a. colored person, and every person not a colored person having one fourth or more of Indian blood shall be deemed an Indian.
2. All laws in respect to crimes and punishments, and in respect to criminal proceedin s, applicable to white persons, shall apply in lilie manner to colored persons and to Indians, unless when it is otherwise specially provided.
3. The following acts and parts of acts are hereby repealed, namely: All acts and parts of acts relating to slaves and slavery ; chapter one hundred and seven of the code of eighteen hundred and sixty, relating to free negroes ; chapter two hundred of said code relating to ofl'ences by negroes; chapter two hundred and twelve oi said code, relating to proceedings against negroes; chapter ninety-eight of said code, relating to patrols; sections twenty-five to fortyscven, both inclusive, of cha ter one hundred ninety-two of said code; sections twenty-six to thirty, both inclusive, and sections thirty-three to thirt seven, both inclusive, of chapter one hundre and ninety-eight of said code; the fifth paragra h,asenumerated in section two of chapter two undred and three, of said code; all acts and parts of acts imposing on negroes the penalty of stripes, where the same penalty is not im osed on white persons; and all other acts an arts of acts inconsistent with this act are here y repealed.
January 24—General Terry issued this order:
providing for the punis ment of vagrants," it
is enacted, among other things, that any justice of the peace, 11 on the complaint of any one of certain oflicers t erein named, may issue his warrant for the apprehension of any person alleged to be a vagrant and cause such erson to be apprehended and brought before iim; and that it upon due examination said justice of the peace shall find that such person is a vagrant within the definition of vagrancy contained in said statute, he shall issue his warrant, directing such person to be employed for a term not exceeding three months, and by any constable of the county wherein the proceedings are had be hired out for the best wages which can be pro
cured, his wages to he applied to the support of himself and his family. The said statute further provides, that in case any vagrant so hired shall, during his term of service, run away from his employer without sufficient cause, he shall be apprehended on the warrant of a justice of the peace and returned to the custody of his employer, who shall then have, free from any other iire, the services of such vagrant for one month in addition to the original terms of hiring, and that the employer shall then have power, if authorized by ajustice of the peace, to work such vagrant with ball and chain. The said statute specifies the persons who shall be considered vagrants and liable to the penalties im~ posed by it. Among those declared to be vagrants are all persons who, not having the wherewith to support their families, live idly and without employment, and refuse to work for the usual and common wages given to other laborers in the like work in the place where they are.
In many counties of this State meetings of employers have been held, and unjust and wrongful combinations have been entered into for the purpose of depreSsin the wages of the freedmen below the real va no of their labor, far below the prices formerly paid to masters for labor performed by their slaves. By reason of these combinations wages utterly inadequate to the support of themselves and families have, in many places, become the nsu tl and common wages of thefreedmeu. The effect of the statute in uestion will be, therefore, to compel the free men, under penalty of punishment as criminals, to accept and labor for the wages established by these combinations of employers. It places them wholly in the power of their employers, and it is easy to foresee that, even where no such combination now exists, the temptation to form them offered by the statute will be too strong to be resisted, and that such inadequate wages will become the common and usual wages throughout the State. The ultimate effect of the statute will be to reduce the freedmen to a condition of servitude worse than that from which they have been emancipated— a condition which will be slavery in all but its name.
It is therefore ordered that no magistrate, civil officer or other person shall in any way or manner apply or attempt to apply the provisions o'f said statute to any colored person in this department.
By command of Major General A. H. TERRY, ED. W. SMITH, Assistant Adjutant General.
January 26—President Johnson refused to interfere with this order. The Legislature took no further action on the question.
February 28—This bill passed in relation to the testimony' of colored persons:
Be it enacted, That colored persons and Indians shall, if otherwise competent, and subject to the rules applicable to other persons, be admitted as witnesses in the following cases :
1. In all civil cases and proceedings at law or in equity, in which acolored person or an Indian is a arty, or may be directly benefited or injure by the result.
2. In all criminal proceedings in which a
colored person or an Indian is a party, or which arise out of an injury done, attempted, or threatened to the person, property, or rights of a colored person or Indian, or in which it is alleged in the presentment, information, or indictments, or in which the court is of opinion from the other evidence that there is probable cause to believe that the offence was committed by a white person in conjunction or co-operation with a colored person or Indian.
3. The testimony of colored persons shall, in all cases and proceedings, both at law and in equity, be given are tenus, and not b deposition, and in suits in equity, and in all 0t er cases in which the deposition of the Witness would regularly be part of the record, the court shall, if desired by any party, or if deemed prover by itself, certify the facts roved by such witnesses, or the evidence given y him as far as credited by the court, as the one or the other may be proper under the rules of law ap licable to the case, and such certificate shall e music part of the record.
March 4—The Legislature adjourned.
1866, January 25—-This bill became a law:
That persons of African and Indian descent are hereby declared to be competent witnesses in all the courts of this State, in as full a manner as such persons are by an act of Con ress competent witnesses in all the courts of t e United States, and all laws and parts of laws of the State excluding suph personsefrom competency are hereby repealed: Provided, however, That this act shall not be so construed as to give colored persons the right'to vote, hold office, or sit on juries in this State; and that this provision is inserted by virtue of the provision of the 9th section of the amended constitution, ratified February 22, 1865.
May 26—This bill became a law:
An act to define the term “persons of color," and to declare the rights of such persons.
SEO. 1. That all negroes, mulattoes,mestizoes, and their descendants, having any African blood in their veins, shall be known in this State as “ persons of color." I ' Sec. 2. That persons of color shall have the right to make and enforce contracts, to sue and be sued, to be parties and give evidence, to inherit, and to have full and equal benefits of all laws and proceedin s for the security of person and estate, and shafi not be subject to an other or different punishment, pains, or penat ,for the commission of any act or offence than such as are prescribed for white persons committing like acts or offences.
Sec. 3. That all persons of color, being blind, deaf and dumb, lunatics, paupers, or a prentices, shall have the full and perfect benei'i application of all laws regulating and providing for white persons, being blind, or deaf and dumb,
or lunatics or paupers, or either (in asylums for
their benefit) and apprentices.
SEO. 4. That all acts or parts of acts or laws, inconsistent herewith, are hereby repealed: Provided, That nothing in this act shall be so con— strued as to admit ersons of color to serve on a jury: And provi ed further, That the provis
tand' ions of this act shall not be so construed as to require the education of colored and white children in the same school.
SEC. 5. That all free persons of color who were living together as husband and wife in this State while in a state of slavery are hereby declared to be man and wife, and their children legitimately entitled to an inheritance in any property heretofore acquired, or that mw hereafter he acquired, by said parents, to as full an extent as the children of white citizens are now entitled by the existing laws of this State.
May 26—All the freedmen’s courts in Tennessee were abolished by the assistant commander, the law of the State making 'colored persons competent witnesses in all civil courts.
suits" recluires all such laborers to make labor 8
contracts for the next year within the first ten days of Januar —-the contracts to be in writing, to be with liea s of families, to embrace thelabor of all the members, and be binding on all minors thereof. Each laborer, after choosing his employer, “shall not be allowed to leave his place of employment until the fulfillment of his contract, unless by consent of his employer, or on account of harsh treatment, or breach of con
. tract on the part of employer; and if they do so leave, without cause or permission, they shall forfeit all wages earned to the time of abandonment.” Wages due shall be a lien upon the crops; and one half shall be paid at periods agreed by the parties, “but it shall be lawful for the employer to retain the other moiety until the completion of the contract." Employers failing to comply, are to be fined double the amount due to laborer. These are the eighth and ninth sections in full:
SEO. 8. That in case of sickness of the laborer, wages for the time lost shall be deducted, and where the sickness is feigned for purposes of idleness, and also on refusal to work accordin to contract, double the amount of wages shal be deducted for the time lost, and also where rations have been furnished; and should the refusal to work be continued beyoud'three davs, the offender shalll be reported to a justice of the peace, and shall be forced to labor on ads, levees, and other public works, without pq, until the offender consents to return to his abor.
SEO. 9. That, when in health, the laborer shall work ten hours during the day in summer, and nine hours during the day in winter, unless otherwise sti ulated in the labor contract; he shall obey a1 proper orders of his employer or his agent; take proper care of his work mules, horses, oxen, stock; also of all agricultural inplements; and employers shall have the right to make a reasonable deduction from the laborer's wages for injuries done to animals or agricultural implements committed to his care, or for bad
or negligent work. tBad work shall not be allowed. Failing to obey reasonable orders, miglect of dut , and leaving home without periiis‘ sion, will a deemed disobedience; impud;1.co, swearing, or indecent language to or in the presence of the emplo er, his family or age! t, 0" quarrelling and ii ting with one another, shall be deemed disobedience. For any disobedience a fine of one dollar shall be imposed on the offender. For all lost time from work hours, unless in case of sickness, the laborer shall be fined twenty-five cents per hour. For all absence from home without leave the laborer will be fined at the rate of two dollars per day. Laborers will not be required to labor on the Sabbath except to take the necessary care of stock and other property on lantations and do the necessary cooking and ousehold duties, unless by special contract. For all thefts of the laborer from the ' employer of agricultural products, liege, sheep, poultry or any other property of the employer, or wilful destruction of property or injury, the laborer shall pay the employer double the amount of the value of the property stolen, destroyed or injured, one half to be paid to the employer and the other half to be placed in the eneral fund rovided for in this section. No live stock shal be allowed to laborers without the permission of the employer. Laborers shall not receivevisitorsdurin work hours. All difiiculties arising between t e em loyers and laborers, under this section, shall e settled, and all fines be imposed, by the former; if not satisfactory to the laborers, an appeal may be had to the nearest justice of the peace and two freeholders, citizens, one of said citizens to be selected by the em loyer and the other by the laborer; and all nes im- osed and collected under this section~shall be educted from the wages due, and shall be placed in a common fund, to be divided among the other laborers employed on the plantation at the time when their full wages fall due, except as provided for above.
December 21—This bill became a law:
SEC. 1. That any one who shall persuade or entice away, feed, harbor, or secrete any person who leaves his or her employer, with whom she or he has contracted, or is assigned to live, or any apprentice who is bound as an apprentice, without the permission of his or her employer, said person or persons so offending shall be liable for damages to the employer, and also, 11 on conviction thereof, shall be sub'ect to pay a ne of not more than five hundre dollars, nor less than ten dollars, or imprisonment in the parish jail for not more than twelve months nor less than ten days, or both, at the discretion of the court.
SEO. 2. That it shall be duty of the judges of this State to give this act especially in char e of the grand juries at each jury term of t eir respective courts.
A new vagrant act is thus condensed in the New Orleans Picayune:
It adopts the same definition of vagrancy as in the act of 1855, and provides that any person charged with vagrancy shall be arrested on the warrant of any judge or justice of the peace; and if said judge orjustice of the peace shall be satisfied by the confession of the offender, or by
competent testimony, that he is a vagrant within this said description, he shall make a certificate of the same, which shall be filed with the clerk of the court of the parish and in the city of New Orleans. The certificate shall be filed in the offices of the recorders, and the said justice or other ofiicer shall require the party accused to enteriuto bond, payable to the Governor of Louisiana, or his successors in office, in such sums as said justice of the peace or other officer shall prescribe, with security, to be approved by said oflicer, for his good behavior and future industry for the period of one year; and upon his failing or refusing to give such bond and security, the justice or other ofiicer shall issue his warrant to the sheriff or other officer, directing him to detain and to hire out such vagrant for a period not exceeding twelve months, or to
cause him to labor on the public works, roads, and levees, under such regulations as shall be made by the municipal authorities: Provided, That if the accused be a person who has abandoned his emplo er before his contract expired, the preference s all be given to such employer of hiring the accused: And rovided further, That in the city of New Or eans the accused may be committed to the work-house for a time not exceeding six months,,there to be kept at hard labor on the public works, roads, or levees. The proceeds of hire in the cases herein provided for to be paid into the arish treasur for the benefit of paupers: An provided furt/ier, That the persons hiring such vagrant shall be compelled to furnish such clothing, food, and medical attention as they may furnish their other laborers.
PRESIDENT JOHNSON’S INTERVIEWS AND SPEECHES.
1865, April 15—Andrew Johnson qualified as President, Chief Just-ice Chase administering the oath of office.
Remarks at an Interview with Citizens of Indione.
1865, April 21—A delegation was introduced by Governor O. P. Morton, to whose address President Johnson responded, stating that he did not desire to make any ex ression of his future policy more than he ha already made, and adding:
But in entering upon the discharge of the duties devolving upon me by the sad occurrence of the assassination of the Chief Magistrate of the nation, and as you are aware, in surrounding circumstances which are peculiarly embarrassing and responsible, I doubt whether you are aware how much I appreciate encouragement and countenance from my fellow-citizens of Indiana. The most coura eous individual, the most determined will, mig t justly shrink from entering upon the discharge of that which lies before me; but were I a coward, or timid, to receive the countenance and encouragement I have from you, and from various other parts of the country, would make me a courageous and determined man. I mean in the proper sense of the term, for there is as much in moral courage and the firm, calm discharge of duty, as in physical courage. But, in entering upon the duties imposed upon me b this calamity, I require not only courage, ut determined will, and I assure you that on this occasion your encouragement is peculiarly acceptable to me. In reference to what my administration will be, while I occupy my present position, I must refer you to the ast. You may look back to it as evidence of w at my course will be; and, in
reference to this diabolical and fiendish rebellion
sprung upon the country, all I have to do is to
ask you to also go back and take my course in
the past, and from that determine what my fu
ture Will be. Mine has been but one straight
forward and unswerving course, and I see no. reason now why I should depart from it.
As to making a declaration, or manifesto, or message, or what on ma please to call it, my past is a better ioresha owing of my future course than any statement on paper that might be made. Who, four years ago, looking down the stream of time, could have delineated that which has transpired since then? Had any one done so, and presented it, he would have been looked upon as insane, or it would have been thought a fable—~fabulous as the stories of the Arabian Ni hts, as the wonders of the lamp of Aladdin, an would have been about as readily believed.
If we knew so little four years ago of what has passed since then, we know as little what events will arise in the next four years; but as these events arise'I shall be controlled in the disposition of them by those rules and principles by which I ha e been guided heretofore. Had it not been ‘ extraordinary efforts, in part owin to the machinery of the State, you would haveiad rebellion as rampant in Indiana as we had it in Tennessee. Treason is none the less treason whether it be in a free State or in aslave State; but if there could be any difference in such a crime, he who commits treason in a free State is a greater traitor than he who commits it in a slave State. There might be some little excuse in a man based on his possession of the peculiar property, but the traitor in a free State
as no excuse, but simply to be a traitor.
Do not, however,- understand. me to mean by