Report on the Condition of the South Part 20

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, a.s.sembled 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, pa.s.sed 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 pa.s.sed 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 ent.i.tled 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 pa.s.s 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 circ.u.mstances; 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 circ.u.mstances 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 s.e.xes.

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 emanc.i.p.ation 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, a.s.s'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 a.s.sISTANT 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 ill.u.s.trate 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 a.s.sistance 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,