Imágenes de páginas

he shall be guilty of a misdemeanor, and upon | exceeding thirty-nine stripes. An assault upon conviction shall be fined in a sum not exceeding a white female, with intent to commit a rape, or one thousand dollars, or shall stand in the pillo- being accessory thereto, is punishable with death. ry not more than three hours, or be whipped An Act Prescribing additional Penalties for the pot more than thirty-nine stripes on the bare back, at the discretion of the jury.

Commission of Offenses against the State, Jan

uary 15, 1866. SEC. 6 applies the provisions of this act to all contracts between employers and employés re

Sec. 12 provides that it shall not be lawful for lating to the lumber, rafting, or milling business, any negro, mulatto, or other person of color, to and to all other contracts with persons of color own, use, or keep in his possession or under his to do labor and to perform service.

control any bowie-knife, dirk, sword, fire-arms,

or ammunition of any kind, unless he first obAn Act prescribing additional Penalties for the tain a license to do so from the judge of proCommission of Offences against the State, and bate of the county in which he may.

be a resifor other purposes, January 15, 1866.

dent for the time being; and the said judge of SEC. 1 provides that whenever in the criminal probate is hereby authorized to issue license, laws of this State, heretofore enacted, the pun- upon the recommendation of two respectable ishment of the offence is limited to fine and im- citizens of the county, certifying to the peaceprisonment, or to fine or imprisonment, there ful and orderly character of the applicant; and shall be superadded, as an alternative, the pun- any negro, mulatto, or other person of color, so ishment of standing in the pillory for an hour, offending, shall be deemed to be guilty of a misor whipping not exceeding thirty-nine stripes on demeanor, and upon conviction shall forfeit to the bare back, or both, at the discretion of the the use of the informer all such fire-arms and jury.

ammunition, and in addition thereto, shall be SEC. 3 makes a felony, punishable with sentenced to stand in the pillory for one hour, death, the exciting, or attempting to excite, by or be whipped, not exceeding thirty-nine stripes, writing, speaking, or by other means, an insur- or both, at the discretion of the jury. rection or sedition amongst any portion or class Sec. 14 provides that if any negro, mulatto, of the population.

or other person of color, shali intrude himself SEC. 1ż makes it unlawful for any negro, into any religious or other public assembly of mulatto, or person of color to own, use, or keep white persons, or into any railroad car or other in possession or under control any bowie-knife, public vehicle set apart for the exclusive accomdirk, sword, fire-arms, or ammunition of any modation of white people, he shall be deemed kind, unless by license of the county judge of to be guilty of a misdemeanor, and upon conprobate, under a penalty of forfeiting them to the viction shall be sentenced to stand in the pilinformer, and of standing in the pillory one hour, lory for one hour, or be whipped, not exceeding or be whipped not exceeding thirty-nine stripes, thirty-nine stripes, or both, at the discretion of or both, at the discretion of the jury.

the jury; nor shall it be lawful for any white perSEC. 14 forbids colored and white persons sono to intrude himself into any religious or respectively from intruding upon each other's other public assembly of colored persons, or public assemblies, religious or other, or public into any railroad car or other public vehicle, vehicle set apart for their exclusive use, under set apart for the exclusive accommodation of perpunishment of pillory or stripes, or both. sons of color, under the same penalties. Sec. 15 provides that persons forming a mili

An Act to Raise a Revenue for the State of tary organization not authorized by law, or

Florida, January 16, 1866. aiding or abetting it, shall be fined not exceed

SECTION 1 imposes a yearly capitation tax of ing $1,000 and imprisonment not exceeding six months, or be pilloried for one hour, and be three dollars upon every male inhabitant bewhipped not exceeding thirty-nine stripes, at the tween twenty-one and ifty-five, except paupers discretion of the jury--the penalties to be three- and insane or idiotic persons. In default of fold upon persons who accepted offices in such and required to seize the body of the said delin

payment the tax collector is hereby authorized organizations.

Sec. 19 prohibits any person from hunting quent and hire him out, after five days' public within the enclosure of another without his con notice, before the door of the public court-house, sent, under penalty of a fine of $1,000, or im- to any person who will pay the said tax and the prisonment not exceeding six months, or the said arrest, and take him into his service for the

costs incident to the proceedings growing out of pillory for one hour, and being whipped not shortest period of time: Provided, That if said exceeding thirty-nine stripes. So, if a person delinquent beoin the employment of another the takes, rides, or uses any horse, mule, ass, or ox, said employer may pay the tax and costs, and without the consent of the owner, whether the the said payment shaủl be good as a credit person so using is in the employ of the owner or against the amount that may be due by the eminto any tenant house or other building without ployer as wages to the said delinquent. leave of the person in charge, or illegally take An Act Concerning Schools for Freedmen, Janpossession of any church or school-house, educa

uary 16, 1866. tional or charitable building, or cut down trees Provision is made for schools for freedmen exceeding $1 in value, with a view to convert supported by a tax of one dollar upon all male the same to his own use. Burglary is punisha- persons of color between twenty-one and fiftyble with death, or fine of $1,000 and imprison- five, and a tuition fee to be collected from each ment not exceeding six months, or standing in pupil—the schools to be in charge of a superinthe pillory one hour, and being whipped not | tendent and assistants; no person to teach with.

out a certificate; and the fee, five dollars, to go to age of this act. And when the parties have the school fund for freedmen, and the certificate ceased to cohabit before the passage of this act, good for one year, subject to be cancelled by the in consequence of the death of the woman, or superintendent for incompetency, immoraliiy or from any other cause, all the children of the other sufficient cause. The superintendent * to woman, recognized by the man to te his, shall establish schools for freedmen when the number be deemed legitimate. of children of persons of color in any county or Bigamy, too, is punished in the case cf the counties will warrant the same: Provided, "The negro as of the white person, and also interfunds provided for shall be sufficient to meet the marriage within the prohibited degrees. And expenses thereof."

all.persons officiating in the rites of marriage By another act, the interest from the school without due authority of law are punished by fine fund of the State is applied to the education of and imprisonment. indigent white children.

Under the old code these provisions applied An Act concerning Testimony, January 16,1866, only to white persons.

Be it enacted, That every person having one SECTION 3 provides that this act shall not be fourth or more of negro blood shall be deemed construed to authorize the testimony of colored a colored person, and every person not a colored persons to be taken by depositions in writing or person having one fourth or more of Indian upon written interrogatories, otherwise than in blood shall be deemed an Indian. such manner as will enable the court or jury to 2. All laws in respect to crimes and punishjudge of the credibility of the witness.

ments, and in respect to criminal proceedings,

applicable to white persons, shall apply in like VIRGINIA.

manner to colored persons and to Indians, unless These are some of the provisions in the re- when it is otherwise specially provided. cently-enacted laws of Virginia respecting col 3. The following acts and parts of acts are ored persons :

hereby repealed, namely: All acts and parts of That no contract between a white person and acts relating to slaves and slavery ; chapter one a colored person, for the labor or service of the hundred and seven of the code of eighteen hunlatter for a longer period than two months, shall dred and sixty, relating to free negroes; chapter be binding on such colored person, unless the two hundred of said code relating to offences by, contract be in writing, signed by such white per- negroes; chapter two hundred and twelve of son or his agent and by such colored person, and said code, relating to proceedings against neduly acknowledged before a justice or notary groes; chapter ninety-eight of said code, relatpublic, or clerk of the county or corporation ing to patrols; sections twenty-five to forty, court, or overseer of the poor, or two or more seven, both inclusive, of chapter one hundred credible witnesses, in the county or corporation ninety-two of said code ; sections twenty-six to court in which the white person may reside, or thirty, both inclusive, and sections thirty-three in which the labor or service it to be performed to thirty-seven, both inclusive, of chapter one And it shall be the duty of the justice, notary, hundred and ninety-eight of said code; the fifth clerk or overseer of the poor, or the witnesses, paragraph, as enumerated in section two of chapto read and explain the contract to the colored ter two hundred and three, of said code; all acts person, before taking his acknowledgment there and parts of acts imposing on negroes the penof, and to state that this has been done in the alty of stripes, where the same penalty is not certificate of acknowledgment of the contract. imposed on white persons; and all other acts

"5. The writing by which any minor is and parts of acts in consistent with this act are bound an apprentice, shall specify his age, and hereby repealed. what art, trade, or business he is to be taught. January 24—General Terry issued this order: The master, whether it is expressly provided The Virginia Vagrant Act-General Terry orders therein or not, shall be bound to teach him the

its Non-Enforcement. same, and shall also be bound to teach him read. ing, writing, and common arithmetic, including

GENERAL ORDERS—NO 4. the rule of three.”

HEADQUARTERS, DEPARTMENT OF VA., The marital relation between colored persons

RICHMOND, January 24, 1866. is regulated by law. The colored person must By a statute passed at the present session of procure a license the same as the whites, and the Legislature of Virginia, entitled A bill persons celebrating a marriage are obliged to re- providing for the punishment of vagrants," it port it to the county clerks, and whether white is enacted, among other things, that any jusor colored.

tice of the peace, upon the complaint of any one Where colored persons, before the passage of of certain officers therein named, may issue his this act, shall have undertaken and agreed to warrant for the apprehension of any person aloccupy the relation to each other of husband leged to be a vagrant and cause such persou to and wife, and shall be cohabiting together as be apprehended and brought before him; and such at the time of its passage, whether the rites of that it upon due examination said justice of the inarriage shall have been celebrated between them peace shall find that such person is a vagrant or not, they shall be deemed husband and wife, within the definition of vagrancy contained in and be entitled to the rights and privileges, and said statute, he shall issue his warrant, directing subject to the duties and obligations, of that re- such person to be employed for a term not exlation in like manner as if they had been duls ceeding three months, and by any constable of married, and all their children shall be deemed the county, wherein the proceedings are had be legitimate, whether born before or after the pass- hired out for the best wages which can be pro

cured, his wages to be applied to the support of colored person or an Indian is a party, or which himself and his family. The said statute further arise out of an injury done, attempted, or provides, that in case any vagrant so hired threatened to the person, property, or rights of shall, during his term of service, run away from a colored person or Indian, or in which it is his employer without sufficient cause, he shall alleged in the presentment, information, or inbe apprehended on the warrant of a justice of dictments, or in which the court is of opinion the

peace and returned to the custody of his from the other evidence that there is probable employer, who shall then have, free from any cause to believe that the offence was committed other hire, the services of such vagrant for one by a white person in conjunction or co-operation month in addition to the original terms of hiring, with a colored person or Indian. and that the employer shall then have power, 3. The testimony of colored persons shall, in if authorized by a justice of the peace, to work all cases and proceedings, both at law and in such vagrant with ball and chain. The said equity, be given ore tenus, and not by deposition, statute specifies the persons who shall be con- and in suits in equity, and in all other cases in sidered vagrants and liable to the penalties im- which the deposition of the witness would reg. posed by it. Among those declared to be ularly be part of the record, the court shali, vagrants are all persons who, not having the if desired by any party, or if deemed prover by wherewith to support their families, live idly itself, certify the facts proved by such witnesses, and with:out employment, and refuse to work or the evidence given by him as far as credited for the usual and common wages given to other by the court, as the one or the other may be laborers in the like work in the place where proper under the rules of law applicable to the they are.

case, and such certificate shall be made part In many counties of this State meetings of of the record. employers have been held, and unjust and March 4-The Legislature adjourned. wrongful combinations have been entered into for the purpose of depressing the wages of the

TENNESSEE. freedmen below the real value of their labor,

1866, January 25-This bill became a law : far below the prices formerly paid to masters That persons of African and Indian descent for labor performed by their slaves. By reason are hereby declared to be competent witnesses of these combinations wages utterly inadequate in all the courts of this State, in as full a manner to the support of themselves and families have, as such persons are by an act of Congress comin many places, become the usu ıl and common petent witnesses in all the courts of the United wages of the freedmen. The effect of the statute States, and all laws and parts of laws of the in question will be, therefore, to compel the State excluding such persons - from competency freedmen, under penalty of punishment as are hereby repealed : Provided, however, That criminals, to accept and labor for the wages es- this act shall not be so construed as to give tablished by these combinations of employers. colored persons the right to vote, hold office, or It places them wholly in the power of their ern- sit on juries in this State; and that this provisployers, and it is easy to foresee that, even ion is inserted by virtue of the provision of the where no such combination now exists, the 9th section of the amended constitution, ratified temptation to form them offered by the statute February 22, 1865. will be too strong to be resisted, and that such

May 26—This bill became a law: inadequate wages will become the common and An act to define the term “

persons of color," usual wages throughout the State. The ulti and to declare the rights of such persons. mate effect of the statute will be to reduce the

SEC. 1. That all negroes, mulattoes, mestizoes, freedmen to a condition of servitude worse than and their descendants, having any African blood that from which they have been emancipated in their veins, shall be known in this State as a condition which will be slavery in all but its

persons of color."

SEC. 2. That persons of color shall have the It is therefore ordered that no magistrate, right to make and enforce contracts, to sue and civil officer or other person shall in any way or be sued, to be parties and give evidence, to inmanner apply or attempt to apply the provis- herit, and to have full and equal benefits of all ions of said statute to any colored person in laws and proceedings for the security of person this department.

and estate, and shall not be subject to any other By command of Major General A. H. TERRY, or different punishment, pains, or penalty, for

Ed. W. SMITH, Assistant Adjutant General. the commission of any act or offence than such January 26—President Johnson refused to as are prescribed for white persons committing interfere with this order. The Legislature took like acts or offences. no further action on the question.

Sec. 3. That all persons of color, being blind, February 28—This bill passed in relation to deaf and dumb, lunatics, paupers, or appren, the testimony of colored persons :

tices, shall have the full and perfect benefit and Be it enacted, That colored persons and Indi- application of all laws regulating and providing ans shall, if otherwise competent, and subject for white persons, being blind, or deaf and dumb, to the rules applicable to other persons, be or lunatics or paupers, or either (in asylums for admitted as witnesses in the following cases : their benefit) and apprentices.

1. In all civil cases and proceedings at law or SEC. 4. That all acts or parts of acts or laws, in equity, in which a colored person or an Indian inconsistent herewith, are hereby repealed: Prois a party, or may be directly benefited or in- vided, That nothing in this act shall be so conjured by the result.

strued as to admit persons of color to serve on 2. In all criminal proceedings in which al a jury: And provided further, That the provis


jons of this act shall not be so construed as to or negligent work. Bad work shall not be al. require the education of colored and white chil- lowed. Failing to obey reasonable orders, noe dren in the same school.

lect of duty, and leaving home without perisida SEC. 5. That all free persons of color who sion, will be deemed disobedience; impud:1.00, were living together as husband and wife in this swearing, or indecent language to or in the pres State while in a state slavery are hereby de-ence of the employer, his family or ager t, 07 clared to be man and wife, and their children quarrelling and fighting with one another shall legitimately entitled to an inheritance in any be deemed disobedience. For any disobedience property heretofore acquired, or that may here- a fine of one dollar shall be imposed on che ofafter be acquired, by said parents, to as full an fender. For all lost time from work hours, unextent as the children of white citizens are now less in case of sickness, the laborer shall be fined entitled by the existing laws of this State. twenty-five cents per hour. For all absence from

May 26—All the freedmen's courts in Tennes- home without leave the laborer will be fined at see were abolished by the assistant commander, the rate of two dollars per day. Laborers will the law of the State making colored persons not be required to labor on the Sabbath except .competent witnesses in all civil courts.

to take the necessary care of stock and other

property on plantations and do the necessary TEXAS.

cooking and household duties, unless by special A colored man is permitted by the new con contract. For all thefts of the laborer from the stitution to testify orally where any one of his employer of agricultural products, hogs, sheep, race is a party, allows him to hold property, and poultry or any other property of the employer, to sue and be sued.

or wilful destruction of property or injury, the

laborer shall pay the employer double the LOUISIANA.

amount of the value of the property stolen, des1865, December .-"An act to provide for troyed or injured, one half to be paid to the emand regulate labor contracts for agricultural pur- ployer and the other half to be placed in the suits” requires all such laborers to make labor general fund provided for in this section. No contracts for the next year within the first ten live stock shall be allowed to laborers without days of January—the contracts to be in writing, the permission of the employer. Laborers shall to be with heads of families, to embrace the labor not receive visitors during work hours. All diffiof all the members, and be binding on all minors culties arising between the employers and laborthereof. Each laborer, after choosing his em-ers, under this section, shall be settled, and all ployer, "shall not be allowed to leave his place fines be imposed, by the former; if not satisfacof employment until the fulfillment of his con- tory to the laborers, an appeal may be had to tract, unless by consent of his employer, or on the nearest justice of the peace and two freeaccount of harsh treatment, or breach of con- holders, citizens, one of said citizens to be setract on the part of employer; and if they do so lected by the employer and the other by the leave, without cause or permission, they shall laborer; and all fines imposed and collected unforfeit all wages earned to the time of abandon- der this section shall be deducted from the wages ment.” Wages due shall be a lien upon the due, and shall be placed in a common fund, to crops; and one half shall be paid at periods be divided among the other laborers employed agreed by the parties, “ but it shall be lawful for on the plantation at the time when their full the employer to retain the other moiety until wages fall due, except as provided for above. the completion of the contract.”, Employers

December 21- This bill became a law: failing to comply, are to be fined double the SEC. 1. That any one who shall persuade or amount due to laborer. These are the eighth entice away, feed, harbor, or secrete

any person and ninth sections in full:

who leaves his or her employer, with whom she SEC. 8. That in case of sickness of the laborer, or he has contracted, or is assigned to livé, or wages for the time lost shall be deducted, and any apprentice who is bound as an apprentice, where the sickness is feigned for purposes of idle- without the permission of his or her employer, ness, and also on refusal to work according to said person or persons so offending shall be liacontract, double the amount of wages shall be ble for damages to the employer, and also, upon deducted for the time lost, and also where rations conviction thereof

, shall be subject to pay a fine have been furnished; and should the refusal to of not more than five hundred dollars, nor less work be continued beyond three days, the of- than ten dollars, or imprisonment in the parish fender shalll be reported to a justice of the peace, jail for not more than twelve months nor less and shall be forced to labor on roads, levees, and than ten days, or both, at the discretion of the other public works, without pa, until the of-court. fender consents to return to his labor.

SEC. 2. That it shall be duty of the judges of SEC. 9. That, when in health, the laborer shall this State to give this act especially in charge of work ten hours during the day in summer, and the grand juries at each jury term of their nine hours during the day in winter, unless respective courts. otherwise stipulated in the labor contract; he A new vagrant act is thus condensed in the shall obey all proper orders of his employer or New Orleans Picayune: his agent; take proper care of his work mules, It adopts the same definition of vagrancy as horses, oxen, stock; also of all agricultural in in the act of 1855, and provides that any person plements; and employers shall have the right to charged with vagrancy shall be arrested on the make a reasonable deduction from the laborer's warrant of any judge or justice of the peace ; wages for injuries done to animals or agricultu, and if said judge or justice of the peace shall be ral implements committed to his care, or for bad satisfied by the confession of the offender, or by

[ocr errors]

competent testimony, that he is a vagrant within | cause him to labor on the public works, roads, this said description, he shall make a certificate and levees, under such regulations as shall be of the same, which shall be filed with the clerk made by the municipal authorities : Provided, of the court of the parish and in the city of That if the accused be a person who has abanNew Orleans. The certificate shall be filed in doned his employer before his contract expired, the offices of the recorders, and the said justice the preference shall be given to such employer or other officer shall require the party accused of hiring the accused: And provided further, to enter into bond, payable to the Governor of That in the city of New Orleans the accused Louisiana, or his successors in office, in such may be committed to the work-house for a time sums as said justice of the peace or other officer not exceeding six months, there to be kept at shall prescribe, with security, to be approved by hard labor on the public works, roads, or levees. said officer, for his good behavior and future The proceeds of hire in the cases herein provided industry for the period of one year; and upon for to be paid into the parish treasury for the bis failing or refusing to give such bond and se- benefit of paupers : And provided furtạer, That curity, the justice or other officer shall issue his the persons hiring such vagrant shall be comwarrant to the sheriff or other officer, directing pelled to furnish such clothing, food, and medihim to detain and to hire out such vagrant for cal attention as they may furnish their other a period not exceeding twelve months, or to l laborers.




1865, April 15-Andrew Johnson qualified as reference to this diabolical and fiendish rebellion President, Chief Justice Chase administering the sprung upon the country, all I have to do is to oath of office.

ask you to also go back and take my course in Remarks at an Interview with Citizens of Indi- ture will be. Mine has been bat one straight

the past, and from that determine what my


forward and unswerving course, and I see no. 1865, April 21-A delegation was introduced reason now why I should depart from it. by Governor 0. P. Morton, to whose address

As to making a declaration, or manifesto, or President Johnson responded, stating that he did message, or what you may please to call it, my not desire to make any expression of his future past is a better foreshadowing of my future policy more than he had already made, and course than any statement on paper that might adding:

be made. Who, four years ago, looking down But in entering upon the discharge of the the stream of time, could have delineated that duties devolving upon me by the sad occurrence which has transpired since then? Had any one of the assassination of the Chief Magistrate of done so, and presented it, he would have been the nation, and as you are aware, in surround- looked upon as insane, or it would have been ing circumstances which are peculiarly embar- thought a fable-fabulous as the stories of the rassing and responsible, I doubt whether you Arabian Nights, as the wonders of the lamp of are aware how much I appreciate encourage- Aladdin, and would have been about as readily ment and countenance from my fellow-citizens believed. of Indiana. The most courageous individual, If we knew so little four years ago of what the most determined will, might justly shrink has passed since then, we know as little what from entering upon the discharge of that which events will arise in the next four years; but as lies before me; but were I a coward, or timid, | these events arise «I shall be controlled in the to receive the countenance and encouragement disposition of them by those rules and principles I have from you, and from various other parts by which I have been guided heretofore. Had of the country, would make me a courageous iť not been extraordinary efforts, in part and determined man. I mean in the proper owing to the machinery of the State, you would sense of the term, for there is as much in moral have had rebellion as rampant in Indiana as we courage and the firm, calm discharge of duty, as had it in Tennessee. Treason is none the less in physical courage. But, in entering upon the treason whether it be in a free State or in a slave duties imposed upon me by this calamity, I re- State; but if there could be any difference in quire not only courage, but determined will, such a crime, he who commits treason in a free and I assure you that on this occasion your en- State is a greater traitor than he who commits couragement is peculiarly acceptable to me. In it in a slave State. There might be some little reference to what my administration will be, excuse in a man based on his possession of the while I occupy my present position, I must peculiar property, but the traitor in a free State refer you to the past. “You may look back to it has no excuse, but simply to be a traiter. as evidence of what my course will be; and, in Do not, however, understand me to mean by

« AnteriorContinuar »