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which section 1 provides that it shall not be lawful for any person to interfere with, hire, employ, or entice away, or induce to leave the service of another, any laborer or servant, who shall have stipulated or contracted, in writing, to serve for any given number of days, weeks, or months, or for one year, so long as the said contract shall be and remain in force and binding upon the parties thereto, without the con: sent of the party employing or to whom said service is due and owing in writing, or in the presence of some veritable white person; and any person who shall knowingly interfere with, hire, employ, or entice away, or induce to leave the service aforesaid, without justifiable excuse therefor, before the expiration of said term of service so contracted and stipulated as aforesaid, shall be guilty of a misdemeanor, and on conviction thereof, must be fined in such sum, not less than fifty nor more than five hundred dollars, as the jury trying the same may assess, and in no case less than double the amount of the injury sustained by the party from whom such laborer or servant was induced to leave, one-half to go to the party injured and the other to the county as fines and forfeitures. SEC. 2 provides that the party injured shall be a competent witness in all prosecutions under this act, notwithstanding his interest in the fine to be assessed. SEC, 3 provides that when any laborer or servant, having contracted as provided in the first section of this act, shall afterward be found, before the termination of said contract, in the service or employment of another, that fact shall be prima facie evidence that, such person is guilty of violation of this act, if he fail and .. to forthwith discharge, the said laborer or servant, after being notified and informed of such former contract and employment. A new penal code was adopted. The material changes introduced by the new penal code are briefly these: First. Whipping and branding are abolished, as legal punisiments, and a new punishment is introduced, entitled “hard labor for the county.” This “hard labor for the county” is put under the control of the court of county commissioners, who are authorized to employ a superintendent of the convicts, to make regulations for their government and labor, to put them to work on the public roads, bridges, &c., or to hire them out to railroad companies or private individuals. Second. For all offences which were heretofore punishable by fine, or by fine and imprisonment, either in the county jail or in the penitentiary, the jury may still impose a fine; to which the court, in its discretion, may superadd imprisonment or hard labor, within specified limits in each case. Third. The dividing line between grand and §.; larceny, is raised from twenty to one hunred dollars; grand larceny being made a felony, that is, it may be punished by imprisonment in the penitentiary; while petit larceny is only a Ho: punishable by fine, or by fine and io in the county jail. Fourth. A county court is established for the trial of misdemeanors. Fifth. Justices of the peace have jurisdiction

of a few minor offences, such as vagrancy, larceny of less than ten dollars, and assaults, affrays, &c., in which no weapon is used. The proceedings before them conform substantially to proceedings before the county court. The new code makes no distinction on account of color, only marriages between white persons and negroes are prohibited. It went into effect June 1, 1866. The Governor vetoed three bills referring to persons of color. See page —.


An Act Preliminary to the Legislation induced by the Emancipation of Slaves, October 19, 1865. SECTION 3 provides that all free negroes, mulattoes, and mestizoes, all freed women, and all descendants through either sex of any of these persons, shall be known as persons of color, except that every such descendant who may have of Caucasian blood seven eighths, or more, shall be deemed a white person. SEC. 4 provides that the statutes and regulations concerning slaves are now inapplicable to persons of color; and although such persons are not entitled to social or political equality with white persons, they o the right to acquire, own, and dispose of property, to make contracts, to enjoy the fruits of their labor, to sue and be sued, and to receive protection under the law in their persons and property. SEC. 5 provides that all rights and remedies respecting persons or property, and all duties and liabilities under laws, civil and criminal, which apply to white persons, are extended to persons of color, subject to the modifications made by this act and the other acts hereinbefore mentioned.

An Act to Amend the Criminal Law, December 19, 1865.

SECTION 1 provides that either of the crimes specified in this first section shall be felony, without benefit of clergy, to wit: For a person of color to commit any wilful homicide, unless in self-defence; for a person of color to commit an assault upon a white woman, with manifest intent to ravish her; for a person of color to have sexual intercourse with a white woman by perSonating her husband; for any person to raise an insurrection or rebellion in this State; for any person to furnish arms or ammunition to other persons who are in a state of actual insurrection or rebellion, or permit them to resort to his house for advancement of their evil purpose; for any person to administer, or cause to be take by any other person, any poison, chloroform, soporific, or other destructive thing, or to shoot at, stab, cut, or wound any other person, or by any means whatsoever to cause bodily injury to any other person, whereby, in any of these cases, a bodily injury dangerous to the life of any other person is caused, with intent, in any of these cases, to commit the crime of murder, or the crime of rape, or the crime of robbery, burglary, or larceny; for any person who had been transported under sentence to return to this State within the period of prohibition contained in the sentence; or for

person to steal a horse or mule, or cotton acked in a bale ready for market. SEc. 10 provides that a person of color who 3 in the employment of a master engaged in usbandry shall not have the right to sell any orn, rice, peas, wheat, or other grain, any flour, otton, #. hay, bacon, fresh meat of an ind, poultry of any kind, animal of any kind, r any other product of a farm, without having written evidence from such master, or some peron authorized by him, or from the district judge or a magistrate, that he has the right to sell such roduct; and if any person shall, directly or udirectly, purchase any such product from such erson of color without such written evidence, he purchaser and seller shall each be guilty of , misdemeanor. SEC. 11 provides that it shall be a misdemeanor for any person not authorized to write r give to a person of color a writing which proesses to show evidence of the right of that peron of color to sell any product of a farm which, y the section last preceding, he is forbidden to fell without written evidence; and any person :onvicted of this misdemeanor shall be {{. to he same extent as the purchaser in the section last preceding is made liable; and it shall be a misdemeanor for a person of color to exhibit as *vidence of his right to sell any product a writing which he knows to be false or counterfeited, or to have been written or given by any person not authorized. SEC. 13 states that persons of color constitute no part of the militia of the State, and no one of thern shall, without permission in writing from the district judge or magistrate, be allowe to keep a fire-arm, sword, or other military weapon, except that one of them, who is the owner of a farm, may keep a shot-gun or rifle, such as is ordinarily used in hunting, but not a pistol, musket, or other fire-arm or weapon appropriate for purposes of war. The district judge or a magistrate may give an order, under which any weapon unlawfully kept may be seized, and sold, the proceeds of sale to go into the district court fund. The possession of a weapon in violation of this act shall be a misdemeanor which shall be tried before a district Court or a magistrate, and in case of conviction, shall be punished by a fine equal to twice the value of the weapon so unlawfully kept, and if that be not immediately paid, by corporeal punishment. SEC. 14 provides that it shall not be lawful for a person of color to be the owner, in whole or in part, of any distillery where spirituous liquors of any kind are made, or of any establishment where spirituous liquors of any kind are sold by retail; nor for a person of color to be engaged in distilling any spirituous liquors, or in retailing the same in a shop or elsewhere. A person of color who shall do anything contrary to the prohibitions herein contained shall be guilty of a misdemeanor, and, upon conviction, may be punished by fine or corporeal punishment ini hard labor, as to the district judge or magistrate before whom he may be tried shall seem meet. SEC. 22 provides that no person of color shall migrate into and reside in this State, unless,

within twenty days after his arrival within the same, he shall enter into a bond, with two freeholders as sureties, to be approved by the judge of the district court or a magistrate, in a penalty of one thousand dollars, conditioned for his good behavior, and for his support, if he oft become unable to support himself. SEC. 24 provides that when several persons of color are convicted of one capital offence, the jury which tries them may recommend one or more to mercy, for reasons which, in their opinion, mitigate the guilt; the district judge shall report the case, with his opinion, and the Governor shall do in the matter as seems to him meet. The same may be done when one only is convicted of capital offence. Before sentence of death shall be executed in any case, time for application to the Governor shall be allowed. SEC. 27 provides that whenever, under any law, sentence imposing a fine is passed, if the fine and costs be not immediately paid, there shall be detention of the convict, and substitution of other punishment. If the offence should not involve the crimen falsi, and be infamous, the substitution shall be, in the case of a white person, imprisonment for a time proportioned to the fine, at the rate of one day for each dollar; and in the case of a person of color, enforced labor, without unnecessary pain or restraint, for a time proportioned to the fine, at the rate of one day for each dollar. But if the offence should be infamous, there shall be substituted for a fine, for imprisonment, or for both, hard labor, corporeal punishment, solitary confinement, and confinement in tread-mill or stocks, one or more, at the discretion of the judge of the superior court, the district judge, or the magistrate, who pronounces the sentence. In this act, and in respect to all crimes and misdemeanors, the term servants shall be understood to embrace an apprentice as well as a servant under contract. SEC, 29 provides that, upon view of a misdemeanor committed by a person of color, or by a white person toward a person of color, a magistrate may arrest the offender, and, according to the nature of the case, punish the offender summarily, or bind him in recognizance with sufficient sureties to appear at the next monthly sitting of the district court, or commit him for trial before the district court. SEC. 30 provides that, upon view of a misdemeanor committed by a person of color, any erson present may arrest the offender and take im before a magistrate, to be dealt with as the case may require. . In case of a misdemeanor

committed by a white person toward a person

of color, any person may complain to a magistrate, who shall cause the offender to be arressted, and, according to the nature of the case, to be brought before himself, or be taken for trial in the district court. An Act to “stablishi; Courts, December s Courts are established to have “exclusive jurisdiction, subject to appeal, of all civil causes where one or both the parties are persons of colo and of all criminal cases wherein the accus is a person of color, and also of all cases of misdemeanors affecting the person or property of a person of color, and of all cases of bastardy, and of all cases of vagrancy, not tried before a magistrate.” An indictment against a white person for the homicide of a person of color shall be tried in the superior court of law, and so shall other indictments in which a white person is accused of a capital felony affecting the person or propo of a person of color. nevery case, civil and criminal, in which a person of color is a party, or which affects the person or property of a person of color, persons of color shall be competent witnesses. The accused, in such a criminal case, and the parties in every such civil case, may be witnesses, and so may every other person who is a competent witness; and in every such case, either party may offer testimony as to his own character, or that of his adversary or of the prosecutor, or of the third person mentioned in an indictment. - December 21—“An act to establish and requlate the domestic relations of persons of color, and to amend the law in relation to paupers and vagrancy,” establishes the relation of husband and wife, declares those now living as such to be husband and wife, and provides that persons of color desirous hereafter to marry shall have the contract duly solemnized. A parent may bind his child over two years of age as an apprentice to serve till 21 if a male, 18 if a female. All persons of color who make contracts for service or labor shall be known as servants, and those with whom they contract as masters. “Colored children between 18 and 21, who have neither father nor mother living in the district in which they are found, or whose parents are paupers, or unable to afford them a comfortable maintenance, or whose parents are not teaching them habits of industry and honesty, or are persons of notoriously bad character, or are vagrants, or have been convicted of infamous offences, and colored children, in all cases where they are in danger of moral contamination, may be bound as apprentices by the district judge or one of the magistrates for the aforesaid term.” It “provides that no person of color shall pursue or practice the art, trade, or business of an artisan, mechanic, or shopkeeper, or any other trade, employment, or business, (besides that of ... or that of a servant under a contract for service or labor,) on his own account and for his own benefit, or in partnership with a white person, or as agent or servant of any person, until he shall have obtained a license therefor from the judge of the district court, which license shall be good for one year only. This license the judge may grant upon etition of the applicant, and upon being satisfied of his skill and fitness, and of his good moral character, and upon payment by the aplicant to the clerk of the district court of one undred dollars if a shopkeeper or pedlar, to be paid annually, and ten dollars if a mechanic, artisan, or to engage in any other trade, also to be paid annually: Provided, however, That upon complaint being made and proved to the district judge of an abuse of such license, he shall revoke the same: And provided, also, That no person of color shall practice any mechanical

art or trade unless he shows that he has served an apprenticeship in such trade or art, or is now practicing such trade or art.”

Former slaves, now helpless, who were on a farm Nov. 10, 1865 and six months previous shall not be evicted by the owner from the house oc. o by them before January 1, 1867.

t “provides that if the district court fund,

after payment of the sums with which it is charged, on account of the salary of the judge of the district court, superintendent of convicts, jurors, and other expenses of the court, and of convicts, shall be insufficient to support indigent persons of color, who may be proper charges on the public, the board aforesaid shall have power to impose for that purpose, whenever it may be required, a tax of one dollar on each male person of color between the ages of eighteen and fifty years, and fifty cents on each unmarried female person of color between the ages of eighteen and forty-five, to be collected in each precinct by a magistrate thereof: Provided, Thai the said imposition of a tax shall be approved in writing by the judge of the district court, and that his approval shall appear in the journals of that court.”

Order of General Sickles, disregarding the Code, January 17, 1866, 1866, January 17—Major General Sickles issued this order: HEADQ'RS DEP'T OF SOUTH CAROLINA, January 17, 1866. [G. O., No. 1.]—I. To the end that civil rights

and immunities may be enjoyed; that kindly re.

lations among the inhabitants of the State may be established; that the rights and duties of the employer and the free laborer respectively may be defined; that the soil may be cultivated and the system of free’ labor undertaken; that the owners of estates may be secure in the possession of their lands and tenements; that persons able and willing to work may have employment; that idleness and vagrancy may be discountenanced, and encouragement given to industry and thrift; and that humane provision may be made for the aged, infirm and destitute, the fol. lowing regulations are established for the government of all concerned in this department. II. All laws shall be applicable alike to all the inhabitants. No person shall be held incompetent to sue, make complaint, or to testify, because of color or caste. III. All the employments of husbandry or the useful arts, and all lawful trades or callings, may be followed by all persons, irrespective of color or caste; nor shall any freedman be obliged to pay any tax or any fee for a license, nor be amenable to any municipal or parish ordinance, not imposed upon all other persons. IV. The lawful industry of all persons who live under the protection of the United States, and owe obedience to its laws, being useful to the individual, and essential to the welfare of society, no person will be restrained from seeking employment when not bound by voluntary agreement, por hindered from traveling from place to place, on lawful business. All combinations or agreements which are intended to hinder, or may so operate as to hinder, in any

way, the employment of labor—or to limit compensation for labor—or to compel labor to be involuntarily performed in certain places or for certain persons; as well as all combinations or agreements to prevent the sale or hire of lands or tenements, are declared to be misdemeanors; and any person of persons convicted thereof shall be punished by #. not exceeding $500, or by imprisonment, not to exceed six months, or by both such fine and imprisonment. V. Agreements for labor or personal service of any kä. or for the use and occupation of lands and tenements, or for any other lawful purpose, between freedmen and other persons, when fairly made, will be immediately enforced against either party violating the same. VI. Freed persons, unable to labor, by reason of age or infirmity, and orphan §. of tender years, shall have allotted to them by owners suitable quarters on the premises where they have been heretofore domiciled as slaves, until adequate provision, approved by the general commanding, be made . them by the State or local authorities, or otherwise; and they shall not be removed from the premises, unless for disorderly behavior, misdemeanor, or other of fence committed by the head of a family or a member thereof. VII. Able-bodied freedmen, when they leave the premises in which they may be domiciled, shall take with them and provide for such of their relatives as by the laws of South Carolina all citizens are obliged to maintain. VIII. When a freed person, domiciled on a ; : refuses to work there, after having een offered employment by the owner or lessee, on fair terms, approved by the agent of the Freedmen's Bureau, such freedman or woman shall remove from the premises within ten days after such offer and due notice to remove by the owner or occupant. IX. When able-bodied freed persons are domiciled on premises where they have been heretofore j as slaves, and are not employed thereon or elsewhere, they shall be permitted to remain, on showing to the satisfaction of the commanding officer of the post that they have made diligent and proper efforts to obtain employment. X, Freed persons occupying premises without the authority of the United States, or the permission of #. owner, and who have not been heretofore held there as slaves, may be removed by the commanding officer of the post, on the complaint of the owner, and proof of the refusal of said freed persons to remove after ten days' notice. XI. Any person employed or domiciled on a plantation or elsewhere, who may be rightfully dismissed by the terms of agreement, or expelled for misbehavior, shall leave the premises, and shall not return without the consent of the owner or tenant thereof. XII. Commanding officers of districts will establish within their commands respectively suitable regulations for hiring out to labor, for a period not to exceed one year, all vagrants who cannot be advantageously employed on roads, fortifications and other public works. The prosceeds of such labor shall be paid over to the as

sistant commissioner of the Freedmen's Bureau, to provide for aged and infirm refugees, indigent freed people ai orphan children. XIII. The vagrant laws of the State of South Carolina, applicable to free white persons, will be recognized as the only vagrant laws applicable to the freedmen; nevertheless, o laws shall not be considered applicable to persons who are without employment, if they shall prove that they have been unable to obtain employment, after diligent efforts to do so. XIV. It .. the duty of officers commanding posts to see that issues of rations to freedmen are confined to destitute persons who are unable to work because of infirmities arisi from old age or chronic diseases, orphan chisdren too young to work, and refugee freedmen returning to their homes with the sanction of the proper authorities; and in ordering their issues, commanding officers will be careful not to encourage idleness or vagrancy. District commanders will make consolidated reports of these issues tri-monthly. XV. The proper authorities of the State in the several municipalities and districts shall proceed to make . provision for their poor, without distinction of color; in default of which the general commanding will levy an equitable tax on persons and property sufficient for the support of the poor. VI. The constitutional rights of all loyal and well-disposed inhabitants to bear arms will not be infringed; nevertheless this shall not be construed to sanction the unlawful practice of carrying concealed weapons, nor to authorize any person to enter with arms on the premises of another against his consent. No one shall bear arms who has borne arms against the United States, unless he shall have taken the amnesty oath prescribed in the proclamation of the President of the United States, dated May 20, 1865, or the oath of allegiance, prescribed in the proclamation of the President, dated December 8, 1863, within the time prescribed therein. And no disorderly person, vagrant, or disturber of the peace, shall be allowed to bear arms. XVII. To secure the same equal justice and ersonal liberty to the freedmen as to other ini. no penalties or punishments different from those to which all persons are amenable shall be imposed on freed § and all crimes and offences which are prohibited under existing laws shall be understood as prohibited in the case of freedmen; and if committed by a freedman, shall, upon conviction, be punished in the same manner as if committed by a white man. XVIII. Corporeal punishment shall not be in: flicted upon o person other than a minor, and then only by the parent, guardian, teacher, or one to whom said minor is lawfully bound by indenture of apprenticeship. XIX. Persons whose conduct tends to a breach of the peace may be required to give security for their good behavior, and in default thereo! shall be heki in custody. XX. All injuries to the person or property committed by or upon freed persons shall be punished in the manner provided by the laws of South Carolina for like injuries to the persons or property of citizens thereof. If no provision be made by the laws of the State, then the punishment for such offences shall be according to the course of common law; and in the case of any injury, to the person or §§ not prohibited by the common law, or for which the punishment shall not be appropriate, such sentence shall be imposed as, in the discretion of the court before which the trial is had, shall be deemed proper, subject to the approval of the eneral commanding. XXI. All arrests for whatever cause will be reported tri-monthly, with the proceedings thereupon, through the prescribed channel, to the general commanding. ..., XXII. Commanding officers of districts, subdistricts, and posts, within their commands respectively, in the absence of the duly-appointed agent, will perform any duty appertaining to the ordinary agents of the Bureau of Refugees, Freedmen, and Abandoned Lands, carefully observing for their guidance all orders published by the commissioner or assistant commissioner, or other competent authority. XXIII. District commanders will enforce these regulations by suitable instructions to sub-district and post commanders, taking care that justice be done, that fair dealing between man and man be observed, and that no unnecessary hardship, and no cruel or unusual punishments be imposed upon any one. - y command of }. E. §ors, Major Genoral. Official: W. L. M. BURGER, Assistant Adjutant General.


An Act to Establish and Organize a County Criminal Court, January 11, 1866.

SEC, 1 gives the court jurisdiction in cases of to. assault and battery, assault with intent to kill, riot, affray, larceny, robbery, arson, burglary, malicious mischief, vagrancy, and all misdemeanors, and all offences againstreligion, chastity, morality, and decency: Provided, That the punishment of the same does not affect the life of the offender. The Governor to appoint the judge. In the proceedings," no presentment, in: dictment, or written pleadings, shall be required.” Where a fine is imposed, and not paid, the party

yo put to such labor as the county commissioneonay direct, the compensation for which to go in payment of the fine and cost of prosecuso “or the said county commissioner, may hire out, at public outcry, the said party to any person who will take him or her for the shortest time, and pay the fine, forfeiture, and penalty imposed, and cost of prosecution.”

An Act to Extend to all the Inhabitants of the State the Benefit of Courts of Justice, and the Processes thereof, January 11, 1866.

SEC, 1 provides that the judicial tribunals of this State, with the processes thereof, shall be accessible to all the inhabitants of the State, without distinction of color, for the prosecution and defence of all the rights of person and property, subject only to the restrictions contained in the constitution of the State. SEC. 2 provides that all laws heretofore passed, with reference to slaves, free negroes, and mu

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shall live in a state of adultery or fornicat

with any negro, mulatto, or other person color, she shall be deemed to be guilty of a demeanor, and upon conviction shall be fi in a sum not exceeding one thousand dollars be confined in the public jail not exceed three months, or both, at the discretion of jury; and shall, moreover, be disqualified testify as a witness against any white person SEC. 2 provides that if any negro, mulatto other person of color, shall hereafter live i state of adultery or fornication with any w female resident within the limits of this St he shall be deemed to be guilty of a misdemea and upon conviction shall be fined in a not exceeding one thousand dollars, or be m to stand in the pillory for one hour and be w. ped not exceeding thirty-nine stripes, or b at the discretion of the jury. SEC. 3 provides that every person who s have one eighth or more of negro blood shal deemed and held to be a person of color. SEC. 4 provides that in existing cases, u petition to the circuit judge, parties com within the provisions of this act and liabl be punished under the some, may by order judgment of said judge be relieved from penalties thereof, when in his opinion jus and equity shall so require. SEc. 5 provides that in all cases where n riages have heretofore been contracted solemnized between white persons and person

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