African American Laws IV
1855-1864
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1st, Resolved by the Legislature of the 'State of Texas, That this State regards the act of Congress passed in 1850, admitting California into the Union, fixing the boundary of Texas, establishing territorial governments in Utah and New Mexico, composing a part of what is commonly called the compromise measures of 1850, as questions fully settled, so far as they have relation to the question of slavery, and that Texas is opposed to any change in those laws effecting (affecting) their principles on the great questions which have unhappily divided the Northern and Southern States of the Union.
Joint Resolutions. 2d, Resolved, That the State of Texas regards the remaining act ,of the compromise measures of 1850, commonly called the fugitive slave law, as a measure of constitutional right and justice to the slave-holding States, essential to their peace and the preservation of their rights, and that she would look upon the repeal or modification of that act, -as an invasion of her constitutional rights, and a just cause of alarm to herself and her sister States of the South.
3d, Resolved, That the State of Texas regards the late act of the United States Congress known as the Kansas Nebraska act, whereby those territories are thrown open to settlement alike by citizens from the slave holding and non-slaveholding 'States, as a measure founded in the true spirit of the Federal Constitution of justice to all parts of the Union, and of vital importance to the Southern States of the confederacy, as well as the permanent peace of the Nation; and while this State utterly opposes the repeal of that law, or any modification of its provisions effecting (affecting) the immigration or rights of slave holders in said territories, she, in common with her sister States of the South, would regard such repeal or modification as an invasion of the true spirit of the Constitution of the United States, as sectional in its character, and as a just cause of alarm on the part of the slave holding States. That the Governor cause copies of this resolution to be forwarded to each of our Senators and Representatives in the Congress of the United States, duly authenticated.
Passed 20th November, 1855.
An Act to amend the ninth section of an act, entitled 'an act concerning free persons of color, approved February 5th, 1840.
Section 1. Be it enacted by the Legislature of the State of Texas, That the ninth section 'of the above recited act is hereby amended, so that the same shall hereafter read as follows, to wit: That it shall not be lawful for any master of a vessel, or owner thereof, nor for any other person whatsoever, to bring, import, induce or aid or assist in the 'bringing, importing For inducing any free person. of colour, within the limits of the State of Texas, directly 'or indirectly. And any person so offending shall be deemed guilty of a misdemeanor, and on conviction thereof in the District Court, shall be fined in a sum of not less than one hundred dollars, nor more than two thousand dollars for each offence.
Sec. 2. That this act shall take effect and be in force from and after the first day of January, 1857.
Passed August 25th, 1856.
An Act to prevent slaves from carrying guns or other dangerous weapons.
Section 1. Be it enacted by the Legislature of the State of Texas, That no slave shall carry a gun or other deadly weapon upon the premises of his master, mistress, or 'employer, without a written permit from his owner or employer, so to do.
Sec. 2. That no 'slave shall be permitted to carry 'a gun or other deadly weapon beyond the premises of his owner or employer, unless accompanied by his owner, employer, or some white person, authorized by his owner, or employer to have charge of said slave, during the time that he carries said gun or other deadly weapon.
Sec. 3. That any gun or other weapon, found in the possession of any slave, contrary to the provisions of the previous sections of this act, may be seized 'and taken from said slave, by any white person, and said property forfeited to the person seizing land taking the same, provided the same shall not exceed, in value, the sum of twenty dollars. But any such property may be reclaimed, by the owner paying the sum of twenty dollars to the person or persons who may have taken the same.
Sec. 4. That the sixth section of an act, approved 5th February, A. D., 1840, be, and the same is hereby repealed.
Sec. 5. That this 'act 'take effect from and after its passage.
Approved, August 30th, 1856.
An Act to authorize and require all Forced Sales of Real Estate and Negroes, and Sales of Real Estate or Negroes made by Executors and Administrators in the County of Travis, to be made on Congress Avenue, at the South-East corner of Block No. 70
Section 1. Be it enacted by the Legislature of the State of Texas, That all Forced Sales hereafter to be made of Real Estate or Negroes, and all Sales made by Executors and Administrators of Real Estate or Negroes, in the County of Travis, shall be made on Congress Avenue, at the South-East corner of Block No. 70; and that all laws and parts of laws conflicting herewith, be and the same are hereby repealed.
Sec. 2. That this Act take effect and be in force from and after its passage.
Approved November 28th, 1857.
An Act to authorize and require all forced sales of Real Estate and negroes, and sales of Real Estate or negroes, made by executors and administrators in the county of Calhoun, to be made at the door of the Casimer House, in the city of Indianola.
Section 1. Be it enacted by the Legislature of the State -)f Texas, That all forced sales hereafter to be made of Real Estate or negroes, and all sales made by executors and administrators of Real Estate or negroes, in the county of Calhoun, shall be made at the door of the Casimer House in the city of Indianola; and that all laws and parts of laws, conflicting herewith, be and the same are hereby repealed. Provided, that should the county seat be by law removed from the city of Indianola, then, and in that case, the said ,sales shall be made at the Court House of said county.
Sec. 2. That this Act be in force and take effect from and after the first day of February, A. D. 1858.
Approved January 4, 1858.
An Act to permit Free persons of African descent, to select their own Master and become Slaves.
Section 1. Be it enacted by the Legislature of the State )f Texas, That it shall be lawful for any free person of African descent, now in this State, or who may hereafter be within its limits, being over the age 'of fourteen years, to choose his or her Master, and become a slave, upon the terms and conditions hereinafter named: Provided, said slave shall not be subject to forced sales for any debt incurred by, or judgment rendered against the chosen Master prior to the period of enslavement.
Sec. 2. Whenever any free person of African descent, as aforesaid, desires to choose, a master, such person may file a petition in the District Court of the county in which he or she resides, setting forth his or her desire to choose an owner, and stating the name of such person as he or she desires to select as an owner; which petition shall be signed by the petitioner, in the presence of at least two subscribing witnesses. And thereupon the Clerk of the Court in which such petition shall have been filed, shall give notice thereof, by posting such notice at the court house door for four weeks; and said Clerk shall also issue ,a summons to the petitioner, and the person designated in the petition as the proposed master, citing them to appear before said court at the term thereof next succeeding the expiration of the publication of said notice, and shall also issue a subpoena for the subscribing witnesses to the petition, which summons and subpoena shall be executed in the same manner as like process in other cases.
Sec. 3. Upon the appearance in open court of both the petitioner and the person designated in the petition as the desired master, the court shall proceed to examine each party separately, as well as the subscribing witnesses to the petition, and such other person as the court may see fit; and at such examination, the District attorney shall be present, and see that a full examination is had, and he shall represent the petitioner in such examination. And if upon such examination, the court shall be satisfied that there is no fraud nor collusion between the parties, that the proposed master is a person of good repute, and that there is no good reason to the contrary, the said court shall have power, by decree entered in the records of the court, to grant the prayer of the petitioner; and from the entry of such decree, the property in said person of African descent, as a slave, shall vest in the person so chosen as master, and his rights and liabilities, and the condition of the petitioner shall in all respects be the same as though such petitioner had been born a slave to the master so chosen.
Sec. 4. When any such petitioner as hereinbefore mentioned, shall be a female having children under fourteen years of age, and shall in her petition ask that such children shall become the slaves of the same person chosen by her as her master, if the court shall, after examination as in this act before provided, grant the prayer of the petitioner as to herself, it shall also decree such children in like manner, to be the slaves of the same owner. Provided, that where the mother of such children of African descent, under the age of fourteen years, shall be deceased, in that case the next friend of such children shall have authority in their behalf, to proceed in the same manner to the selection of a master for them, as the mother might do under the provisions of this act.
Sec. 5. The District Attorney shall be entitled to a fee of ten dollars for each examination attended by him under the provisions of this act, which shall be taxed as costs in the proceedings, and all the costs of the proceedings shall be paid by the master to whom the slave may be decreed, and after a petition shall have been filed under the provisions of this act, and during the pendency of the proceedings under the same, no, proceedings shall be had against the petitioner under any law prohibiting free persons of color from remaining in or coming to this State.
Approved, January 27, 1858.
CHAPTER 1.
Unlawful Marriage.
Article 386 shall hereafter read as follows: If any white person shall, within this State, knowingly marry a negro, or a person of mixed blood, descended from negro ancestry, to the third generation inclusive, though one ancestor of each generation may have been a white person, or having so married in or out of this State, shall continue within this State to cohabit with such negro, or such descendant of a negro, he or she shall be punished by confinement in the Penitentiary, not less than two nor more than five years.
PART III.
Of offences committed by Slaves and Free persons of color.
TITLE 1.
General Provisions.
Article 796 shall hereafter read as follows: An offence committed by a slave or free person of color, is known as 'a felony. When the punishment therefor is death, all other offences committed by either of these classes of persons are called petty offences.
TITLE 2.
Rules applicable to offences against the person when committed by Slaves or Free Persons of color. Article S02 shall hereafter read as follows: The offences enumerated in Title 17 of the Second Part of this Code, when committed by slaves or free persons of color, against a free white person, are subject to different rules from such as are prescribed in defining such offences when committed by a free white person, and the guilt or innocence of the accused is to be ascertained by a consideration of the following general principles:
Ist. The right of the master to the obedience and submission of his slave, in all lawful things, is perfect, and the power belongs to the master to inflict any punishment upon 'the slave not affecting life or limb, and not coming within the definition of cruel treatment, or unreasonable abuse, which he may consider necessary for the purpose of keeping him in such submission, and enforcing such submission to his commands; and if, in the exercise of this right, with or without cause, the slave resists and slays his master, it is murder.
2d. The master has not the right to kill his slave, or to maim or dismember him, except in cases mentioned in article 564 of this Code.
3d. A master, in the exercise of his right to perfect obedience on the part of the slave, may correct in moderation, and is the exclusive judge of the necessity of such correction; and resistance by the slave, under such circumstances, if it results in homicide, renders him guilty of murder.
4th. The insolence of a slave will justify a white man in inflicting moderate chastisement, with an ordinary instrument of correction, if done at the time when the insolent language is used, or within a reasonable time after; but it will not authorize an excessive battery, as with a dangerous weapon.
5th. The rules respecting manslaughter, as given in 'the second part of this Code, apply only to equals, and not to the case of offences by slaves, or free persons of color, against free white persons.
6th. An assault and battery, not inflicting great injury, committed by a free white person upon a slave, will not be a sufficient provocation to mitigate a homicide of the former by the latter, from murder to manslaughter, although it be in a case where the law does not expressly justify such assault and battery.
7th. That amount of personal injury is a legal provocation, of which it can be pronounced, having due regard to the relative condition of the white man and slave, and the obligation of the latter to conform his passions to his condition of inferiority, that it would provoke well disposed slaves into a violent passion, and the existence of such provocation will reduce the homicide to manslaughter.
8th. If a slave, by insolence, provoke chastisement, and then slay the person chastising him, it will be murder.
9th. In the following cases it is lawful for a free white person to inflict chastisement upon a slave by moderate whipping:
1st. If a slave, without the consent of the white person, be found upon his premises at night.
2d. If the slave, against the orders of the white person, be found upon his premises at any time.
3d. If a slave be found using improper language, or guilty of indecent or turbulent conduct in the presence of white persons.
4th. If the slave be guilty of rude or unbecoming conduct in the presence of a free white female.
5th. If a slave use insulting language or gestures towards a white person.
6th. If a slave commit any wilfull 'act, injurious to the property or person of a free white person, or of any member of his family.
7th. If a slave be found drunk, and making a disturbance in any public place, or upon the premises of a free white person.
Of the punishment of slaves 'and free persons of color.
CHAPTER 1.
Of Slaves.
Article 812 shall hereafter read as follows: Slaves are subject to the following punishment-
1. Death.
2. Whipping.
Article 816 shall hereafter read as follows: Whipping is inflicted upon the bare back, and in all cases the number of lashes shall be fixed by the Jury, Justice, Mayor, or Recorder who 'try the case; provided 'the whipping allowed by this article shall not be such as to permanently injure or endanger the life of the slave. Article 819 shall hereafter read as follows: The following offences when committed by slaves, shall be punished by death: first, murder; second, insurrection; third, arson; fourth, rape upon a free white woman; fifth, robbery when committed upon a free white person; sixth, assault with intent to commit murder, rape or robbery upon a free white person; seventh, an attempt to commit la rape upon a free white woman; eighth, assault with a deadly weapon upon a free white person.
CHAPTER 2.
Of Free Persons of Color.
Article 822 shall hereafter read as follows: Free persons of color are subject to 'the following punishments:
1. Death;
2d. Whipping;
3. Labor upon any public works of a county.
Article 823 shall hereafter read as follows: All offences which by law may be capitally punished, in the case of a slave, shall be punished capitally, when committed by a free person of color.
Article 824 shall hereafter read as follows: Aiding in an insurrection of slaves, and kidnapping a free white woman, when committed by a free person of color, shall be punished by death.
Article 829 shall hereafter read as follows: For all other offences not herein provided for, a free person of color, may be punished by whipping, and by being forced to work upon the roads, or other public works of the county where he is convicted, under the direction of the County ,Court, for a term not exceeding twelve months.
An Act to encourage the reclamation of Slaves, escaping beyond the limits of the Slave Territories of the United States.
Section 1. Be it enacted by the Legislature of the State of Texas, That any person or persons capturing, or causing the capture of any slave or slaves who may have escaped beyond the limits of the slave territory of the United States, and who shall deliver such slave or slaves to the Sheriff of Travis county, shall be entitled to receive from the Treasury of the State thirty-three and one-third per cent on the value of such slave or slaves.
Sec. 2. That any person capturing a slave or slaves, as provided for in the first section of this act, shall after arriving within the limits of this State in the first organized county which he may reach, go before a Judge of the District Court, Chief Justice, Notary Public, or Clerk of the District or County Court, and make proof to the satisfaction of such officer, by at least two witnesses, that the slave or slaves so captured were taken beyond the limits of the slave territory of the United States; whereupon such officer shall certify to the fact of said proof, under his hand and seal, if he have one, and deliver the same to the party so appearing before him. Upon arriving at the city of Austin, in the county of Travis, the captor shall deliver such slave or slaves to the Sheriff of said county, who shall without delay summon two free-holders, citizens of said county, to appraise such slave or slaves under oath, and he shall append to the certificate of proof, said appraisement together with his certificate that they have been delivered to him and are in his custody, and upon presentation of the same to the Comptroller, that officer shall issue his warrant on the Treasurer, for the amount of said thirty-three and one-third per cent on the appraisement, to be paid out of any money in the Treasury not otherwise appropriated.
Sec. 3. That it shall be the duty of the said Sheriff to advertise such slave or slaves in the official paper of the State for three months, giving therein a full description of the same, the appraised value, and the name of the reputed owner; and should the owner appear and prove his property according to law, he! or they shall be entitled to receive the same upon paying of the one-third appraised valuation with interest thereon at the rate of eight per cent per annum, and also five percent. of the apraised value of said slaves, which five per cent. shall remain in the Treasury as an accumulating fund to be applied to the purposes contemplated by this act, and all other legal charges.
Sec. 4. That should the owner of said slave or slaves fail to prove property, and pay charges prior to the expiration of said three months, it shall be the duty of the Sheriff aforesaid, to advertise such slave or slaves for sale, giving thirty days notice in some newspaper of the city of Austin, and at the expiration of said period shall sell the said slave or slaves at auction 'to the highest bidder for cash; and after paying all the necessary and legal charges, shall pay the remainder over to the Treasurer who shall reimburse the State for the amount originally paid for their apprehension, and shall retain the remainder subject to the order of the owner or owners of such slaves.
Sec. 5. That it shall not be lawful for any officer of the State to charge more than the legal fees for services or expenses incurred under this act. Sec. 6. Be it further enacted, That any person capturing a slave as contemplated by the preceding sections of this act, who shall deliver the same to the owner in any portion of this 'State, shall be entitled to receive the same compensation as if delivered to the Sheriff of Travis county, and shall be entitled to hold possession of such slave or slaves, as security therefor until paid. And that this act take effect after its passage.
Approved February 13, 1858.
Article 909 a. When a free person of color is arrested under a warrant issued by a Magistrate, he shall be brought by the Officer making the arrest before such Magistrate.
Article 906 shall hereafter read thus: A person of color is one who has at least one eighth African blood.
Joint Resolutions in response to Governor's Message on Kansas Affairs.
Whereas, There exists, and has existed, a violent determination on the part of a portion of the inhabitants of the Territory of Kansas, to exclude, by force, the citizens of the slaveholding States from a just, equal and peaceful participation in the use and enjoyment of the common property and Territory of the members 'of the confederacy; And, Whereas, This determination, owing to the state of political feeling in the Northern States of the confederacy, operating upon the Federal Government, may become effectual, and the exclusion perpetual-Therefore,
1st. Be it Resolved by the Legislature of the State of Texas, That the Governor of this State is hereby authorized to order an election for seven Delegates, lto meet Delegatesappointed by the other Southern States, in Convention, whenever the Executives of a majority of the slaveholding States shall express the opinion that such Convention is necessary to preserve the equal rights of such States in the Union, and advise the Governor ,of this State that measures have been taken for the appointment of Delegates to meet those of Texas. And that the sum of ten thousand dollars, or so much thereof as may be necessary, be, and the same is hereby appropriated out of any money in the Treasury not otherwise appropriated, to pay the mileage and per diem of such Delegates, which shall be paid at the rate paid to members of the United 'States Congress, according to the law in force in the year 1854.
2d. That should an exigency arise, in the opinion of the Governor, in which it is necessary for the State of Texas to act alone, or by a Convention representing the sovereignty of the State, he is hereby requested to call a Special Session of the Legislature to provide for such State Convention.
3d. That the Governor is requested to transmit copies of these rosolutions to the Executives of each of the slaveholding States, and to our members of Congress.
Approved, February 16th, 1858.
An Act permitting Nancy Coleman, Sen., and other free persons of color therein named, to remain in the State of Texas until the 6th day of April, A. D. 1860.
Section 1. Be it enacted by the Legislature of the State of Texas, That Nancy Coleman, Sen., and her children, viz: Little Nancy, Baker, Eli, Jenny, Catharine, and Charlotte, and the children of said Little Nancy, viz: Ben, Mary, Dinah, Nathan, Joe, and Tim; and the children of said Jenny, viz: Frances, William, Lizzy, and Adaline, and Floydy, a child of said Catharine, all free persons of color, to be permitted to remain in this State until the sixth day of April, A. D., one thousand eight hundred and sixty, (1860.)
Sec. 2. That said free persons of color shall be subject to all the laws of this State regulating slaves and slavery, during the time they are permitted to remain in the same by this Act.
Sec. 3. That said free persons of color be allowed thirty days after the expiration of the time aforesaid, to remove from this State.
Sec. 4. That this Act take effect and be in force from and after its passage.
Approved, February 16th, 1858.
An Act providing for the disposition of runaway slaves.
Section 1. Be it enacted by the Legislature of the State of Texas, {That it is hereby made the duty of the Sheriffs of the different counties of this State, as early as possible after the commitment of any runaway slave, to cause an advertisement to be published in a newspaper printed nearest the county, or in the newspaper having the largest circulation in the county where the commitment is made, at the discretion of the Sheriff; in which shall be embraced a minute description of such runaway slave, and any other circumstances calculated to lead to the discovery of the slave by his owner, and if, after such advertisement for the space of six months, the owner should not apply for, prove and take out of jail such slave, paying such expenses as are now allowed by law, together with the expense of advertising herein provided for, the Sheriff shall then convey and deliver such runaway slave to the keeper of the State Penitentiary, and the Sheriff shall at the same time deliver to the financial 'agent of the Penitentiary a certificate from the Justice of the Peace who committed such runaway slave to jail, stating the amount of charges legally incurred in apprehending and securing such runaway slave, and to whom the same is due.
Sec. 2. The Sheriff shall be allowed ten cents per mile in going to and returning from the Penitentiary, as a full compensation for conveying such runaway slave thereto, an account of which he shall file with the financial agent.
Sec. 3. If any Sheriff shall fail to convey any runaway slave to the Penitentiary at the expiration of six months from the time of commitment to jail, such. Sheriff shall not make any charge for maintaining said runaway slave after that time.
Sec. 4. It shall be the duty of the keeper of the Penitentiary to receive such runaway slave into custody, and him safely keep, and cause an advertisement to be inserted in the newspaper published by the State printer, describing the runaway slave, and the name of the person to whom he is supposed to belong, for the space of six months, or until such runaway slave is legally claimed and taken away; and if the owner shall fail either in person or by agent to come forward and prove property in such slave, the advertisement shall be discontinued, but the slave shall continue in the charge and service of the keeper of the Penitentiary for life: Provided that the owner may at any future period, come forward and prove property, pay the expenses which have accrued up to the time of the delivery of the slave to the keeper of the Penitentiary, and take the slave away.
Sec. 5. Whenever any runaway slave shall be delivered to the keeper of the Penitentiary under the provisions of this act, he shall certify the same to the Comptroller of Public Accounts, who, upon presentation of such certificate, together with the properly authenticated account of the expenses which may have accrued from the apprehension and confinement of such slave up to the time of the delivery to the keeper of the Penitentiary, shall issue his warrant for the amount, in favor of the Sheriff, which amount shall be paid out of any money in the Treasury of the State, not otherwise appropriated.
Sec. 6. The keeper of the Penitentiary shall not be allowed to make any charge for receiving, keeping, or feeding any runaway slave committed to his custody, but such slave shall be put to labor as other prisoners.
Sec 7 . Before any runaway slave in custody by virtue of this act shall be delivered up to any person claiming the same, such claimant shall first prove by the affidavit of some disinterested witness, that such claimant has lost such a slave as the one described in the advertisement; second, that the runaway is the one he lost; third, pay all expenses incurred in apprehending, securing, receiving, maintaining and advertising such runaway. The keeper of the Penitentiary shall deliver any runaway to the owner or his agent, upon his or their complying with the foregoing requisitions, and upon bond and security being given, should it be required by the keeper, to indemnify the keeper; and the financial agent shall demand and receive all expenses incurred in the apprehension, recovery, maintaining and advertising such runaway, which amount shall be paid into the State Treasury.
Sec. 8. The legally authorized agent of any person claiming a runaway slave, may claim, prove and receive such runaway in like manner as the owner is enabled to do by this act.
Approved April 8, 1861.
An Act to authorize and require all forced sales of real estate and negroes,
and sales of real estate or negroes, made by executors and administrators, in the county of Nueces,
to be made at the front door of the La Retama House in the city of Corpus Christi. Section 1. Be it enacted by the Legislature of the State of Texas, That all forced sales, hereafter to be made, of real estate or negroes, under execution or order of court, and all sales made by executors and administrators of real estate, or negroes, under order of court, in the county of Nueces, shall be made at the front door of the La Retama House, in the city of Corpus Christi.
Approved, April 6, 1861.
An Act prohibiting owners or employers of slaves from placing them in charge of farms or stock ranches, detached or removed from the home or place of residence ,of the owner or employer.
Section 1. Be it enacted by the Legislature of the State of Texas, That from and after the passage of this act it shall not be lawful for any owner or employer, to place any slave in charge of any farm or stock ranohe, detached or removed from the residence or home of such owner or employer.
Sec. 2. That every farmer or stock raiser is hereby required to keep a free white person upon and in charge of any farm or stock ranche, where he may have slaves not immediately under his own control, and connected with his or her home or residence.
Sec. 3. That any person violating the provisions of this act, shall be subject to a fine not less than fifty nor more than one hundred dollars, for each and every violation.
Sec. 4. That the District Judges 'are required to give this act in charge to the Grand Juries; and it shall take effect and be in force forty days after its passage.
Approved January 11th, 1862.
"An Act to amend an Act to amend An Act to establish a Penal Code." approved August 2(th, 1856; approved February 12th, 1858.
Section 1. Be it enacted by the Legislature of the State of Texas. That Article 34 of "An Act to ameind -An Act to establish a Penal Code," approved -ugust 26th, 1S56; approved February 12th, 1858, be amended so as hereafter to read as follows:-Article 34. "All free white persons who have less than one-eighth African blood come within the meaning of the term "free white persons;" and all free white persons who have that, or a quarter proportion of African blood come within the meaning of the terms "free persons of color." Slaves are all such persons of African descent as are held in slavery by the laws of this State. or of any of the States or Territories of the Confederate States, or of any foreign country.
Sec. 2. That Article 349 of said Act be amended so as hereafter to read as follows: Article 349. Wherever, in the Penal Code or Code of Criminal Procedure, it is declared, that an otnicer is guilty of an offence, on account of any particular act or omission, and there is not, in the Penal Code, any punishment assigned for the same, such offcer shall be deemed guilty of a misdemeanor and shall be fined not exceeding two hundred dollars.
Sec. 3. That said act be so amended by adding the following article thereto, which shall read as follows:-Article 669a. If any person shall sell, give, or loan, to a slave or slaves, a gun, pistol, sword, bowie knife or dagger, or any gun-powder or percussion caps, without the written consent of his or her master, mistress or overseer, he or she shall be confined at hard labor in the Penitentiary not less than two nor more than five years.
Sec. 4. That Article 745a, of said act, be amended so as hereafter to read as follows: Article 745a. If any person shall receive or conceal property which has been acquired by another, in such manner as that the acquisition comes within the meaning of the term theft, knowing the same to have been so acquired, he shall be punished in the same manner as, by law, the person stealing the same would be liable to be punished: Provided, That if a free white person shall receive or conceal such property stolen by a slave or free person of color he shall be punished in the same manner as, by law, a free white person stealing the same would be liable to be punished.
Approved March 5th, 1853.
to define the offence of inciting insurrection or insubordination of slaves in certain case, and to prescribe the punishment therefor.
Whereas, in the prosecution of the unholy war now being waged by the United States against the Confederate States and the people thereof, our enemies are seeking to bring upon us a servile war by arming our slaves and placing them in the ranks of their armies, as well as otherwise, through the action of their government and the commissioned officers of their armies, inciting insurrection and insubordination:- therefore
Section 1. Be it enacted by the Legislature of the State of Texas, That it shall be an offence, to be denominated inciting insurrection or insubordination of slaves, for any commissioned officer of the army, navy, or marine service of the government of the United States, during the present war between said United States and the Confederate States, to invade or enter upon, with hostile intent, the Territory or soil of this State, or with like intent, to enter within the waters of this State.
Sec. 2. That any person guilty of inciting insurrection or insubordination, as in this act defined, shall, on conviction thereof, be punished by confinement in the Penitentiary not less than five nor more than fifteen years.
Sec. 3. This act not being intended to produce any conflict between the State authorities and the government or authorities of the Confederate States, in relation to the management of any matters growing out of the existing war, therefore, only such persons shall be subject to be tried under its provisions as may be, by the proper authorities of the Confederate States, delivered over to the civil authorities of this State, for the purpose of being so tried-and, any person convicted under the provisions of this act, shall, at any time after such conviction, on demand made therefor by the President of the Confederate States on the Governor of this State, be delivered up to the proper authorities of the Confederate States.
Sec. 4. This act is not designed to be in lieu of existing laws defining the exciting or insubordination of slaves, and shall not be construed in any manner to effect such laws.
Sec. 5. This act shall be in force from and after its passage.
Approved March 5th, 1863.
An Act to provide against the hostile invasion of the State of Texas by persons of color.
Section 1. Be it enacted by the Legislature of the State of Texas, That any person of color invading or coming into the State of Texas during the present war between the Confederate States and the United States, with any armed force of the enemy, or for the purpose of waging war against the people of said State of Texas, or the people of any of the Confederate States, or of exciting insurrection amongst our slaves, or who being within the jurisdiction of said State, shall voluntarily join or be fbund in the ranks of our enemies, rendering them any character of service, or in any manner whatever giving them aid and comfort, shall be dealt with as is hereinafter provided.
Sec. 2. Upon the apprehension or capture of any such person by the authorities of the State, or upon any such person being turned over after capture, by the military authorities of the Confederate States to the civil authorities of the State, it shall be the duty of the State authority, having said person in custody, to forthwith notify the Judge of the District Court of his Judicial District of the fact, who shall thereupon designate a day, not less than ten nor more than twenty days after receiving such notification, when he will examine into the truth of the accusation made; said examination to be had after due notice thereof to the prisoner, in the county where said prisoner is detained in custody, and if upon said examination it shall appear that the prisoner comes under the provisions of the 1st section of this act. he shall be deemed to have forfeited his freedom, if he be free, and shall be ordered to be confined in the State Penitentiary at labor until the expiration of twelve months after the ratification of a treaty of peace between the Confederate States and the United States, and at the expiration of said period to be dealt with as hereinafter further provided.
Sec. 3. It shall be the duty of the Secretary of State, within sixty days after the ratification of the treaty of peace aforesaid, to procure a complete list of all persons then remaining confined in the Penitentiary under the provisions of this act, with a full description thereof, including the name, age, complexion, height and weight of every such person, and any other peculiar mark by which they may be identified, together with the name, and residence, if known, of the alleged owner of such, if any, as claim to be slaves; which said list he shall cause to be published eight successive weeks in newspapers, published in three different portions of the State, one of which shall be at the Capital of the State, and no two of 'which shall be published in the same congressional district.
Sec. 4. At the expiration of twelve months after the ratification of the treaty of peace aforesaid, a list of all persons remaining in the Penitentiary under the provisions of this act, and not before then reclaimed as runaway slaves, shall be furnished by the Superintendent of the Penitentiary to the Secretary of State, and each person thus remaining shall be remanded to the custody of the Sheriff of the county wherein said Penitentiary is situated, who shall, within sixty days thereafter, expose said person to sale at public auction, before the court-house door of said county, to, the highest bidder for cash, due notice of the person to be sold and the time, place,. ,and terms of said sale having been first given, by advertisement published eight successive weeks next preceding said sale, in newspapers published-one at the Capital of the State, and one in the county where said sale is to be made-or where no newspaper is published in said county, then in some newspaper published elsewhere in the State, and not at the Capital, having the largest circulation in the county wherein said sale is to be made.
Sec. 5. The purchase money for each and every person thus sold shall be paid by the purchaser to the Financial Agent of the Penitentiary, and out of the proceeds of said sale the Sheriff shall be entitled to receive the same commissions and fees as are by law allowed in cases of execution, and the balance, if any, after paying all costs, fees and expenses arising out of the custody, maintenance, advertisement and sale of the persons, after leaving the Penitentiary, shall be by said Financial Agent, paid into the State Treasury.
See. 6. The Sheriff making a sale of any person under the provisions of this act,. shall forthwith thereafter make out in duplicate a full and clear account and statement of such sale under his hand, and return one to the Secretary of State and one to the Clerk of the County Court of the county wherein such sale was made, who shall record the same among the proper records of evidences of ownership of slaves.
Sec. 7. The provisions of the laws of the State authorizing free persons of color to choose their masters, or to leave the State, are hereby repealed as to all such persons now in the State, who have invaded the State since the beginning of the present war under the circumstances, or for the purpose specified in Section 1st, of this act, and such persons shall be dealt with in all respects according to the provisions of this act: Provided, That it shall not be necessary to have any judicial examination of any such persons as are already confined in the Penitentiary, but such person shall be retained in such confinement for the term prescribed for other cases arising under this act as though they had been originally committed for that period.
See. 8. The owner of any slave held in custody under -the provisions of this act may reclaim his property as a runaway slave at any time after said slave has passed into the custody of the State authorities, and before he has been sold: ProTided, That the proceedings for the reclamation of such slave shall be had at the cost of the claimant, and before the Chief Justice of the county where said slave may be held in custody at the time said claim is made and be made a matter of record in said County Court, but the right to any person, either slave or free, actually sold as aforesaid, shall be and remain vested in the purchaser under said sale, and the owner of any slave thus sold, shall only, upon proving his property in said slave within three years after said sale, be entitled to receive from the State Treasury the amount paid into said Treasury on account of the sale of said slave.
Sec. 9. The District Attorney, Sheriff, Clerk, and any other officer whose services may be required in any proceeding arising under the provisions of the 2d section of this act, or who may have already rendered service in any proceeding result- .in in the commitment of any person to the Penitentiary as contemplated in the provisions to the 7th Section of this act, shall be allowed the same fees and expenses as are allowed in cases of felony.
Sec. 10. That this act take effect from and after its passage.
Approved March 6th, 1863.
An Act to prevent Slaves from exercising pretended ownership over property.
Section 1. Be it enacted by the Legislature of the State of Texas, That it shall be unlawful for any slave owner to knowingly permit any slave to have, or exercise, any pretended ownership or control, in his or her own right, over any horses, cattle, sheep or bogs, within this State. And where any such pretended right of ownership now exists, the master, or other person having the control of such slave, shall, within six months after the passage of this act, dispose of such property by sale or otherwise.
Sec. 2. The owner offending under the first section of this act, may be indicted and tried in the District Court, and upon conviction, shall be fined in any sum not exceeding the value of the horses, cattle, sheep, goats or hogs, over which such negro may exercise a pretended right of ownership, or on which such negro shall have a brand or ear mark.
Sec. 3. That this act take effect and be in force from its passage.
Approved May 26th, 1864.