Chapter 19

SECTION 9. Any freedman found drunk within the limits of the town shall be imprisoned and made to labor five days on the public streets, or pay five dollars in lieu of said labor.

SECTION 10. Any freedman not residing in Opelousas who shall be found within the corporate limits after the hour of 3 p.m. on Sunday without a special permission from his employer or the mayor shall be arrested and imprisoned and made to work two days on the public streets, or pay two dollars in lieu of said work.

SECTION 11. All the foregoing provisions apply to freedmen and freedwomen, or both sexes.

SECTION 12. It shall be the special duty of the mayor or president of the board to see that all the provisions of this ordinance are faithfully executed.

SECTION 13. _Be it further ordained_, That this ordinance to take effect from and after its first publication.

Ordained the 3d day of July, 1865.

E.D. ESTILLETTE, _President of the Board of Police_.

JOS. D. RICHARDS, _Clerk_.

Official copy:

J. LOVELL, _Captain and Assistant Adjutant General_.

No. 35.

An ordinance relative to the police of negroes recently emancipated within the parish of St. Landry.

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:

SECTION 1. _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 a 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.

SECTION 2. _Be it further ordained_, That every negro who shall be found absent from the residence of his employer after 10 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.

SECTION 3. _Be it further ordained_, That 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.

SECTION 4. _Be it further ordained_, That 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.

SECTION 5. _Be it further ordained_, That 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 intended 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.

SECTION 6. _Be it further ordained_, That 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 thereof shall be forced to work ten days on the public road, or suffer corporeal punishment as hereinafter provided.

SECTION 7. _Be it further ordained_, That 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 or most convenient chief of patrol. Anyone 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.

SECTION 8. _Be it further ordained_, That 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 articles of sale, barter or traffic. Anyone 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.

SECTION 9. _Be it further ordained_, That any negro found drunk within the said parish shall pay a fine of five dollars, or in default thereof shall work five days on the public road, or suffer corporeal punishment as hereinafter provided.

SECTION 10. _Be it further ordained_, That all the foregoing provisions shall apply to negroes of both sexes.

SECTION 11. _Be it further ordained_, That 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.

SECTION 12. _Be it further ordained_, That the aforesaid penalties shall be summarily enforced, and that it shall be the duty of the captains and chiefs of patrol to see that the aforesaid ordinances are promptly executed.

SECTION 13. _Be it further ordained_, That all sums collected from the aforesaid fines shall be immediately handed over to the parish treasurer.

SECTION 14. _Be it further ordained_, That 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.

SECTION 15. _Be it further ordained_, That these ordinances shall not interfere with any municipal or military regulations inconsistent with them within the limits of said parish.

SECTION 16. _Be it further ordained_, That these ordinances shall take effect five days after their publication in the Opelousas Courier.

Official copy:

J. LOVELL, _Captain and Assistant Adjutant General_.

At a meeting of the citizens of the parish of St. Mary, held at the court-house in the town of Franklin, on Saturday, the 15th instant, P.C. Bethel, Esq., was called to the chair, when a committee was appointed to report upon certain matters submitted to the consideration of the meeting, which committee reported by their chairman the following, which was unanimously adopted:

REPORT OF THE COMMITTEE.

The committee appointed for the purpose of embodying the views and objects of the meeting of the citizens of the parish of St. Mary, assembled at the court-house of said parish on the 15th day of July, A.D. 1865, to deliberate concerning the discipline of colored persons or freedmen, respectfully report that they recommend to the town council of the town of Franklin the adoption of the ordinance of the board of police of the town of Opelousas, passed on the third day of the present month, with such alterations and modifications as may suit the wants and necessities of this locality; also the ordinance of the same board of police passed on the same day, relative to the town of Opelousas; which ordinances are herewith presented for reference. And they furthermore recommend to the police jury of the parish of St. Mary, whenever convened, to make such regulations with regard to the discipline and management of the freedmen or colored population for the entire parish as may be most conducive to the quiet, tranquillity, and productiveness of said parish generally. The committee further recommend to all well-disposed citizens to co-operate with the authorities and with each other in producing a return to civil rule and good order within the shortest delay possible, that the State of Louisiana may be restored to her proper condition as regards internal political stability and tranquillity, as well as the representation she is entitled to in the councils of the nation, which representation is more important to her now than at any previous period of her history.

W.T. PALFREY, Chairman.

_Proceedings of the Mayor and Council of the town of Franklin_.

Friday, _July_ 28, 1865.

Pursuant to call of the major commanding, the mayor and council met this day. Present: A.S. Tucker, mayor; Wilson McKerall, Alfred Gates, John C. Gordy, and J.A. Peterman, members of the council.

The following was unanimously adopted, viz:

ORDINANCE relative to the police of negroes or colored persons within the corporate limits of the town of Franklin.

SEC. 1. _Be it ordained by the mayor and council of the town of Franklin_, That no negro or colored person shall be allowed to come within the limits of said town without special permission from his employer, specifying the object of his visit and the time necessary for the accomplishment of the same. Whoever shall violate this provision shall suffer imprisonment and two days work on the public streets, or shall pay a fine of two dollars and a half.

SEC. 2. _Be it further ordained. &c_., That every negro or colored person who shall be found on the streets of Franklin after ten o'clock at night without a written pass or permit from his or her employer, shall be imprisoned and compelled to work five days on the public streets or pay a fine of five dollars.

SEC. 3. No negro or colored person shall be permitted to rent or keep a house within the limits of the town under any circumstances; and any one thus offending shall be ejected and compelled to find an employer, or leave the town within twenty-four hours. The lessor or furnisher of the house kept as above shall pay a fine of ten dollars for each offence: _Provided_, That the provisions of this section shall not apply to any free negro or colored person who was residing in the town of Franklin prior to the 1st January (1865) last.

SEC. 4. No negro or colored person shall reside within the limits of the town of Franklin who is not in the regular service of some white person or former owner, who shall be held responsible for the conduct of said negro or colored person; but said employer or former owner may permit said negro or colored person to hire his or their time by special permission in writing, which permission shall not extend to over twenty-five hours at any one time. Any negro or colored person violating the provisions of this section shall be imprisoned and forced to work for two days on the public streets: _Provided_, That the provisions of this section shall not apply to negroes or colored persons heretofore free.

SEC. 5. No public meetings or congregations of negroes or colored persons shall be allowed within the limits of the town of Franklin, under any circumstances or for any purpose, without the permission of the mayor. This prohibition is not intended, however, to prevent negroes or colored persons from attending the usual church service, conducted by established ministers of religion. Every negro or colored person violating this law shall be imprisoned and put to work five days on the public streets.

SEC. 6. No negro or colored person shall be permitted to preach, exhort, or otherwise declaim to congregations of colored people without a special permission from the mayor, under the penalty of a fine of ten dollars or twenty days' work on the public streets.

SEC. 7. No negro or colored person who is not in the military service shall be allowed to carry fire-arms or any kind of weapons within the limits of the town of Franklin without the special permission of his employer in writing, and approved by the mayor. Any one thus offending shall forfeit his weapons and shall be imprisoned and made to work five days on the public streets, or pay a fine of five dollars in lieu of said work.

SEC. 8. No negro or colored person shall sell, barter, or exchange any articles of merchandise or traffic within the limits of Franklin, without permission in writing from his employer or the mayor, under the penalty of forfeiture of the said articles and imprisonment and one day's labor, or a fine of one dollar in lieu of said work.

SEC. 9. Any negro or colored person found drunk within the limits of the town shall be imprisoned and made to labor five days on the public streets, or pay five dollars in lieu of said labor.

SEC. 10. Any negro or colored person not residing in Franklin who shall be found within its corporate limits after the hour of three o'clock p.m. on Sunday without a special written permission from his employer or the mayor, shall be arrested and imprisoned and made to work two days on the public streets, or pay two dollars in lieu of said work.

SEC. 11. All the foregoing provisions apply to negroes or colored persons of both sexes.

SEC. 12. It shall be the special duty of the town constable, under direction of the mayor, to see that all the provisions of this ordinance are faithfully executed.

SEC. 13. Whoever in Franklin shall sell or give to any negro or colored person any intoxicating liquors, or shall exchange or barter for the same with any such negro or colored person, without special permission from the mayor or employer of said negro or colored person, shall, on conviction thereof before the mayor or justice of the peace in and for the seventh ward of the parish of St. Mary, pay a fine of twenty-five dollars and costs of prosecution, and in default of the payment of said fine and costs the person thus offending shall suffer imprisonment in the parish jail for ten days.

A.S. TUCKER, _Mayor_.

R.W. McMILLAN, _Clerk_.

Approved: GEO. R. DAVIS, _Major Third Rhode Island Cavalry, Commanding Post_.

[Telegram.]

New Orleans, _August_ 10, 1865.

The ordinance relative to the "Police of negroes or colored persons within the corporate limits of the town of Franklin," dated Friday, July 28, 1865, and signed by A.L. Tucker, mayor, being in violation of the emancipation proclamation, the orders of the War Department, and the orders of these headquarters, you will prevent their enforcement and arrest any person attempting to carry them out. The negroes are as free as other people. This ordinance, if enforced, would be slavery in substance, which can never be. Attend to this matter with all the vigor at your command. I have consulted General Canby, who concurs with me in the matter.

THOMAS W. CONWAY, Ass't. Comm. Bureau of Refugees, Freedmen, &c., State of Louisiana_.

Lieutenant S.E. SHEPARD, _Provost Marshal, Parish of St. Mary, Brashear City, or Franklin, La_.

Official copy:

D.V. FENNO, _First Lieutenant and A.A.A. General_.

No. 36.

BUREAU REFUGEES, FREEDMEN AND ABANDONED LANDS, OFFICE ASSISTANT COMMISSIONER FOR STATE OF MISSISSIPPI,

_Vicksburg, Miss., September_ 28, 1865.

General: I enclose a copy of the city ordinances. You will see that negroes who sell vegetables, cakes, &c., on the street are required to pay ten dollars ($10) per month for the privilege of doing so.

To illustrate the workings of this ordinance I will give you an actual occurrence in this city.

About a year ago an old negro man named Henderson, crippled with over-work, about seventy years of age, was sent to me for support by the military authorities. I issued him rations for himself and wife, an old negro woman, incapable of doing anything but care for herself. I continued this till about January 1, 1865, when the old man came to me and informed me that if I would allow him to sell apples and cakes to the soldiers on a corner of the street near my office, under a large tree that grew there, he thought he could care for himself and make enough to support himself and wife. I immediately gave him permission and an order to protect him. I had but little faith in his being able to do it, as he was compelled to go on crutches and was bent nearly double, owing to a severe whipping his old master had given him some years ago.

He commenced his work, and, much to my surprise, made enough to support himself, and asked for no more assistance from me.

When the city authorities took charge of the city matters the marshal of the city ordered him to pay the ten dollars per month for the privilege of supporting himself or desist from such trade.

The old man told him that all his profits would not amount to ten dollars per month, and that in some months he did not make that amount of sales, but, as Colonel Thomas provided him with a place to live, he could barely support himself by such trade. The marshal of the city informed him that the tax must be paid by all, and that Colonel Thomas could take care of him, as it was his duty to do so.

The old man came to my office and told me the whole affair. I wrote a letter to the mayor setting forth the whole case, and that the collection of this tax on such old cripples would compel me to support them, as they could not pay the city ten dollars per month and make their support. In fact, ten dollars per month is the common wages for negro labor. The mayor refused to allow the negro to continue his sales, and I was compelled to take charge of him. I would have refused to allow the city authorities to interrupt him had it not been for General Orders No. 10, from headquarters department of Mississippi, allowing the mayor to take charge of such matters.

You will see by the city ordinance that a drayman or hackman must file a bond of five hundred dollars in addition to paying for his license. The mayor requires that the bondsmen shall be freeholders. The laws of this State do not, and never did, allow a negro to own land or hold property. The white citizens refuse to sign any bonds for the freedmen.

The white citizens and authorities say that it is for their interest to drive out all independent negro labor; that the freedmen must hire to white men if they wish to do this kind of work.

I am, general, very respectfully,

SAMUEL THOMAS,

_Colonel, Assistant Commissioner Freedmen's Bureau, State of Mississippi_.

Major General C. SCHURZ.

_Proceedings of the City Council_.

At a regular meeting of the board of mayor and council of the city of Vicksburg, held at the City Hall, on Monday, August 7, 1865: Present--T.J. Randolph, mayor; Messrs. Stites, Royall, Johnson, Bender, Spengler, Manlove, and Porterfield, councilmen.

Mr. Stites introduced the following ordinance, which was read; and, on motion of Mr. Bender, the rules were suspended, the ordinance read a second time; and, on motion of Mr. Manlove, the rules were again suspended, the ordinance read a third time by its title, and passed.

Mr. Johnson called for the ayes and noes on the passage of the ordinance, which were taken:

Ayes--Stites, Royall, Bender, Spengler, Manlove, and Porterfield--6.

Nay--Johnson--1.

AN ORDINANCE to raise revenue for the city of Vicksburg.

SEC. 1. That there shall be assessed, levied, and collected upon the landholders, freeholders, and householders of the city of Vicksburg, for the year commencing July 9, 1865, upon the _ad valorem_ worth of all houses, lots and parts of lots, and lands, and on all goods, wares, and merchandise, on all moneys loaned at interest in said city, whether by a resident or nonresident or a corporation, a general tax of fifty cents on every one hundred dollars' value thereof; that said valuation or assessment shall be assessed from the 9th day of July, A.D. 1865, and shall be for one year, but the tax so assessed shall be payable in advance.

SEC. 2. That on all goods, wares, and merchandise, produce, &c., contained or sold on board any flatboat, or other water craft, there shall be assessed, levied, and collected upon the _ad valorem_ worth a general tax of fifty cents on every one hundred dollars' value thereof.

SEC. 3. That there shall be assessed, levied, and collected a poll tax of two dollars upon every male inhabitant of said city over the age of twenty-one years.

SEC. 4. That the rate for license for the houses, business, &c., be assessed as follows, payable as set forth in section 1: On all family groceries, porter-houses, eating-houses, oyster houses, and restaurants, per year $40; on all auction stores, per year, $200; on all public auctioneers, $50; on all banks, brokers, and exchange offices, $500; on all insurance companies having agents in this city, $100; on all express companies, $200; on all wholesale and retail stores and commission houses, $50; on all drays and carts, $20; on all hacks, $25; on all private boarding-houses having ten or more boarders, $20; on all hotels, $100; on all rooms where billiard tables are kept for playing, $200; on all rooms where bagatelle or pigeonhole tables are kept for playing, $25; on all alleys known as ten-pin or nine-pin alleys, $200; on all livery stables, $50; on all wagon yards, $40; on all barber shops, for each chair, $40; on all manufactories of ale, porter, or soda-water per year, $75; on all bakeries, $25; on all theatres, circuses, animal shows, or any public performance or exhibition where compensation is paid in money, each day, $25; on all bar-rooms, or other places where vinous or spirituous liquors are sold in less quantities than one gallon, per year, $500; on all confectionary, fruit or ice cream, soda water or vegetable stores, $50; on all cigar stores, $50; on all shops where fresh meat is sold, $50; on all street peddlers of goods, wares, or merchandise, fruit &c., except from market carts from the country, per month, $10; on all live stock sold in this city, one-half of one per cent, _ad valorem_.

SEC. 5. That all ordinances in any way conflicting with the provisions of this ordinance be, and the same are hereby, repealed.

SEC. 6. That this ordinance take effect from and after its passage.

Vicksburg, Mississippi, _August_ 7, 1865.

Mr. Stites introduced the following ordinance, which was read; and, on motion of Mr. Bender, the rules were suspended and the ordinance read a second time; and, on motion of Mr. Manlove, the rules were again suspended, the ordinance read a third time by its title, and passed.

AN ORDINANCE to regulate the mode of obtaining licenses within the city of Vicksburg.