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Documentary History of Reconstruction

styled Superintendent of Common Schools for Freedmen, who
shall hold his office during the administration of the Governor.
Sec. 4.
The Superintendent, with the aid of the Assist-
ant Superintendents, shall establish schools for freedmen, when
the number of children of persons of color, in any county or
counties will warrant the same: Provided, The funds here-
inafter provided for shall be sufficient to meet the expenses
thereof.

Sec. 5.
no teacher shall be entitled to the benefits of the
fund hereinafter provided, who shall not have first procured
a certificate from the Superintendent of his or her competency,
for which the said teacher shall pay to the Superintendent or to
his Assistants upon his order the sum of five dollars, for the
benefit of the fund for common schools for freedmen, which
said certificate shall authorize and empower the said teacher to
teach in any school for freedmen for one year from the date of
such certificate, and no longer: Provided, That the Super-
intendent or any of his Assistants may at any time cancel the
certificate of any teacher for incompetency, immorality, or for
other sufficient cause, of which they or either of them shall be
competent to judge.

Sec. 6. .. a tax shall be assessed and levied upon all male persons of color between the ages of twenty-one years and fortyfive, of one dollar each, the proceeds of which shall constitute a fund, to be denominated the Common School Fund for the education of freedmen, which said tax shall be collected at the same time and in the same manner as the State tax is now collected by law, and paid into the treasury of the State for the use of the Common School Fund for freedmen aforesaid. Sec. 9. .. a tuition fee shall be collected from each pupil under such regulations as the Superintendent shall prescribe, which shall be paid into the treasury of the State as a portion. of the common school fund for freedmen. . .

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Sec. II. . if any person shall teach any school of persons of color in this State, without first having obtained the license or certificate hereinbefore provided for, he or she shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not less than one hundred dollars, nor more than five hundred

dollars, or imprisoned not less than thirty days, nor more than sixty days, at the discretion of the court.

Regulations for Freedmen in Louisiana

Senate Ex. Doc. no. 2, 39 Cong., 1 Sess., p. 93. 'It seems to have
been a custom for the Louisiana parishes and towns to make such
regulations as the following, and, during 1865, they were approved
by the military authorities. The legislature of Louisiana passed
no laws of importance relating to the blacks, though by custom
they were more stringently regulated in Louisiana than in other
Southern states.
[July, 1865]

WHEREAS it was formerly made the duty of the police jury to make suitable regulations for the police of slaves within the limits of the parish; and whereas slaves have become emancipated by the action of the ruling powers; and whereas it is necessary for public order, as well as for the comfort and correct deportment of said freedmen, that suitable regulations should be established for their government in their changed condition, the following ordinances are adopted with the approval of the United States military authorities commanding in said parish, viz:

Sec. I. Be it ordained by the police jury of the parish of St. Landry, That no negro shall be allowed to pass within the limits of said parish without special permit in writing from his employer. Whoever shall violate this provision shall pay a fine of two dollars and fifty cents, or in default thereof shall be forced to work four days on the public road, or suffer corporeal punishment as provided hereinafter.

Sec. 2... Every negro who shall be found absent from the residence of his employer after ten o'clock at night, without a written permit from his employer, shall pay a fine of five dollars, or in default thereof, shall be compelled to work five days on the public road, or suffer corporeal punishment as hereinafter provided.

Sec. 3... No negro shall be permitted to rent or keep a house within said parish. Any negro violating this provision shall be immediately ejected and compelled to find an employer; and any person who shall rent, or give the use of any house to any negro, in violation of this section, shall pay a fine of five dollars for each offence.

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Sec. 4. . Every negro is required to be in the regular service of some white person, or former owner, who shall be held responsible for the conduct of said negro. But said employer or former owner may permit said negro to hire his own time by special permission in writing, which permission shall not extend over seven days at any one time. Any negro violating the provisions of this section shall be fined five dollars for each offence, or in default of the payment thereof shall be forced to work five days on the public road, or suffer corporeal punishment as hereinafter provided.

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Sec. 5. .. No public meetings or congregations of negroes shall be allowed within said parish after sunset; but such public meetings and congregations may be held between the hours of sunrise and sunset, by the special permission in writing of the captain of patrol, within whose beat such meetings shall take place. This prohibition, however, is not to prevent negroes from attending the usual church services, conducted by white ministers and priests. Every negro violating the provisions of this section shall pay a fine of five dollars, or in default thereof shall be compelled to work five days on the public road, or suffer corporeal punishment as hereinafter provided.

Sec. 6. . . No negro shall be permitted to preach, exhort, or otherwise declaim to congregations of colored people, without a special permission in writing from the president of the police jury. Any negro violating the provisions of this section shall pay a fine of ten dollars, or in default shall be forced to work ten days on the public road, or suffer corporeal punishment as hereinafter provided.

Sec. 7... No negro who is not in the military service shall be allowed to carry fire-arms, or any kind of weapons, within the parish, without the special written permission of his employers, approved and indorsed by the nearest and most convenient chief of patrol. Any one violating the provisions of this section shall forfeit his weapons and pay a fine of five dollars, or in default of the payment of said fine, shall be forced to work five days on the public road, or suffer corporeal punishment as hereinafter provided.

Sec. 8. . . No negro shall sell, barter, or exchange any

articles of merchandise or traffic within said parish without the special written permission of his employer, specifying the article of sale, barter or traffic. Any one thus offending shall pay a fine of one dollar for each offence, and suffer the forfeiture of said articles, or in default of the payment of said fine shall work one day on the public road, or suffer corporeal punishment as hereinafter provided. .

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Sec. 9. Any negro found drunk, within the said parish shall pay a fine of five dollars, or in default thereof work five days on the public road, or suffer corporeal punishment as hereinafter provided.

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Sec. II. It shall be the duty of every citizen to act as a police officer for the detection of offences and the apprehension of offenders, who shall be immediately handed over to the proper captain or chief of patrol. . .

Sec. 14. . . The corporeal punishment provided for in the foregoing sections shall consist in confining the body of the offender within a barrel placed over his or her shoulders, in the manner practiced in the army, such confinement not to continue longer than twelve hours, and for such time within the aforesaid limit as shall be fixed by the captain or chief of patrol who inflicts the penalty.

A Mississippi "Jim Crow" Law

Laws of Mississippi, 1865, p. 231. Other Southern states passed
similar laws, which after Reconstruction, were again placed on the
statute books.
[November 21, 1865]

Sec. 6. It shall be unlawful for any officer, station agent, collector, or employee on any railroad in this State, to allow any freedman, negro, or mulatto, to ride in any first class passenger cars, set apart, or used by, and for white persons; and any person offending against the provisions of this section, shall be deemed guilty of a misdemeanor; and on conviction thereof before the circuit court of the county in which said offence was committed, shall be fined not less than fifty dollars, nor more than five hundred dollars; and shall be imprisoned in the county jail, until such fine, and costs of prosecution are paid: Provided, That this section of this act, shall not apply, in the

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case of negroes or mulattoes, travelling with their mistress, in the capacity of maids.

Mississippi Apprentice Law

Laws of Mississippi, 1865, p. 86. Alabama had a similar law; other states, except South Carolina, had practically the same laws for both races. Alabama and Mississippi had distinct laws for the whites. [November 22, 1865]

Sec. 1. . . It shall be the duty of all sheriffs, justices of the peace, and other civil officers of the several counties in this State, to report to the probate courts of their respective counties semi-annually, at the January and July terms of said courts, all freedmen, free negroes, and mulattoes, under the age of eighteen, in their respective counties, beats, or districts, who are orphans, or whose parent or parents have not the means or who refuse to provide for and support said minors; and thereupon it shall be the duty of said probate court to order the clerk of said court to apprentice said minors to some competent and suitable person, on such terms as the court may direct, having a particular care to the interest of said minor: Provided, that the former owner of said minors shall have the preference when, in the opinion of the court, he or she shall be a suitable person for that purpose.

Sec. 2. The said court shall be fully satisfied that the person or persons to whom said minor shall be apprenticed shall be a suitable person to have the charge and care of said minor, and fully to protect the interest of said minor. The said court shall require the said master or mistress to execute bond and security, payable to the State of Mississippi, conditioned that he or she shall furnish said minor with sufficient food and clothing; to treat said minor humanely; furnish medical attention in case of sickness; teach, or cause to be taught, him or her to read and write, if under fifteen years old, and will conform to any law that may be hereafter passed for the regulation of the duties and relation of master and apprentice. .

Sec. 3. 3... .. in the management and control of said apprentices, said master or mistress shall have the power to inflict such moderate corporal chastisement as a father or guardian is allowed to inflict on his or her child or ward at common law:

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