African American Laws V

Black Codes

1866

 

 

CHAPTER LVIII.

 Repealing Acts of April 8, 1861, March 5, 1863, March 6, 1863,  March 26, 1864, and January 11, 1862. relating to disposition of runaway slaves, inciting insurrection, etc., ownership of property, and charge of farms and stock ranches,

  Section 1. Be it enacted by the Legislature of the State of Texas, That the following named Acts be, and the same are hereby repealed, to-wit: "An Act to provide for the disposition of runaway slaves," approved April 8th, 1861. "An Act. to define the offence of inciting insurrection, or insubordination of slaves, in certain cases, and to prescribe the punishment therefor," approved March 5th, 1863. "An Act to provide against the hostile invasion of the State of Texas by persons of color," approved March 6th, 1863. "An Act to prevent slaves from exercising pretended ownership over property, approved March 26th, 1864; and "An Act prohibiting owners or employers of slaves from placing them in charge of farms or stock ranches, detached or removed from the house or p]ace of residence of the owner or employer," approved January 11th, 1862. 

Sec. 2. That this Act take effect and he in force from and after its passage. 

Approved October 26th 1866.


CHAPTER LIX. 

An Act to amend an Act entitled an Act to establish a Code of Criminal Procedure for the State of Texas, approved August 26th, 1856, and to repeal certain portions thereof.

 Section 1. Be it enacted by the Legislature of the State of Texas, That Article 143 of the above named Code, be so amended. as to hereafter read as follows: Article 143. The service- of the writ may be made by any person capable of giving testimony in Court. And the third clause of Article 644, shall hereafter read as follows: 3rd. Persons of color shall not testify, except where the prosecution is against a person who is a person of color; or where the offence is charged to have beer committed against the person or property of a person of color. 

Sec. 2. That Article 140, Article 663, and Titles VI. and VII. of part IV; and also Articles 978 a, and 978 b, be and the same are hereby repealed. 

Sec. 3. That this Act shall take effect and be in force from and after its passage. 

Approved October 26th, 1866.


CHAPTER LXIII.

An Act establishing a General Apprentice Law, and defining the obligations of Master and Mistress and Apprentice.

Section 1. Be it enacted by the Legislature of the State of Texas, That it shall be lawful for any minor to be bound as an apprentice, by his or her father, mother or guardian, with their consent, entered of record in the office of the Clerk of the county of which the minor is a resident, or without such consent, if the minor, being fourteen years of age, agree in open Court to be so apprenticed; Provided, There be no opposition thereto by the father or mother of said minor.

Sec. 2. It shall be the duty of all Sheriffs, Justices of the Peace. and other civil officers of the several counties of the State, to report to the Judge of the County Court of their respective counties, at any time, all indigent or vagrant minors, within their respective counties or precincts, and, also, all minors whose parent or parents have not the means, or who refuse to support said minors; and thereupon, it shall be the duty of the County Judge to apprentice said minor to some suitable and competent person, on such terms as the Court may direct, 'having particular care to the interest of said minor.

Sec. 3. All indentures of apprenticeship shall be approved by the County Judge, and entered of record in the office of the County Clerk of the county of which the minor apprenticed is a resident; and the County Judge shall have exclusive jurisdiction of all causes of action growing out of the relation of master or mistress and apprentice.

Sec. 4. The term of apprenticeship of every minor, under this Act, shall be until the minor attains the age of twenty-one years, unless sooner married; Provided, that in all cases where the age of the minor cannot be ascertained by record, or other satisfactory testimony, the Judge of the County Court shall fix the same.

Sec. 5. It shall be the duty of the County Judge, upon making the order of apprenticeship, to require the master or mistress to give bond, in such sum as he may direct, with one or more good and sufficient sureties, payable to the County Judge and his successors in office, conditioned that he or she shall furnish said minor sufficient food and clothing-to treat said minor humanelyto teach or cause to be taught him or her some specified trade or occupation-to furnish medical attendance in case of sickness, and for the general and faithful compliance with the terms stipulated in the indentures as to education, &c.; and, in default of the master or mistress to comply with the stipulations of his or her bond, suit may be instituted by the father, mother or guardian of the minor, or by the County Judge, upon the same, for all damages sustained; and such damages, when recovered, shall be applied to the use and benefit of the apprentice, under such regulations as may be prescribed by the County Judge.

Sec. 6. That in the management and control of an apprentice, the master or mistress shall have power to inflict such moderate corporeal chastisement as may be necessary and proper.

Sec. 7. That if any apprentice shall run away from, or leave the employ of his master or mistress, without permission, said master or mistress may pursue and recapture said apprentice, and bring him before any Justice of the Peace of the county, whose duty it shall be to remand said apprentice to the service of his master or mistress; and, in the event of a refusal on the part of said apprentice to return, then the Justice shall commit said apprentice to the county jail, on failure to give bond for appearance, at the next term of the County Court; and it shall be the duty of the County Judge, at the next regular term thereafter, to investigate said cause, and, if the Court shall be of opinion that said apprentice left the employment of his master or mistress without good and sufficient cause, to order him to receive such punishment as may be provided by the vagrant laws then in force, until said apprentice agrees to return to his employment; Provided, That the Court may grant continuances, as in other cases; And further provided, That if the Court shall be of opinion that said apprentice has good cause to quit said employment, the Court shall discharge said apprentice from his indentures of apprenticeship.

Sec. 8. That in case any master or mistress of any apprentice may desire, he or she shall have the privilege to summon his or her apprentice to appear before the County Court of the county in which the parties may reside, and, on good and sufficient cause being shown to said Court, and on proof that said apprentice will not be injured thereby, shall be released from all liability, as master or mistress of such apprentice, and his bond canceled.

Sec. 9. It shall not be lawful for any apprentice, bound under the provisions of this Act, to reside out of the county, in the office of which, the terms of indenture are required to be recorded, without the written order of the County Judge, entered of record in the Clerk's office of the County Court of such county; when such leave is obtained, a certified copy of the order, authorizing the same, shall be filed for record in the office of the Clerk of the County Court of the county wherein the residence is to be; and the County Judge of that county shall have plenary power to hear and adjudicate all causes of action between the said master or mistress and apprentice, as fully as the County Judge of the County wherein the indentures of apprenticeship were originally recorded.

Sec. 10. Any apprentice who shall be removed out of the bounds of the county having original jurisdiction of the same, by his master or mistress, or with his knowledge or consent, without leave first obtained from the County Judge, and shall be retained thereout for a longer period than thirty days, shall not be held liable for a further compliance with his indentures, and can only be retained by the master or mistress at the pleasure of said apprentice.

Sec. 11. Any person who shall, knowingly and willfully, entice away an apprentice, or conceal or harbor a deserting apprentice, shall, upon conviction thereof, pay to the master or mistress, five dollars ($5 00) per day, for each day said apprentice is so absent, or concealed from his master or mistress, and shall likewise be held liable for all damages proved to have been sustained by the master or mistress, on account of such willful concealing, harboring, or enticing away, to be recovered by suit, before any Court having jurisdiction of the same.

Sec. 12. The County Judge shall have power to hear and determine and grant all orders and decrees, as herein provided, as well in vacation as in term time; Provided, That, in all applications for apprenticeship, ten days' public notice, as in case of guardianship, shall be given, and no minor shall be apprenticed except at a regular term of said Court.

Approved October 27, 1866.


CHAPTER LXXIII.

An Act to amend an Act entitled an Act to adopt and establish a Penal Code for the State of Texas, approved August 28th, 185(J. and to repeal certain portions thereof. 

Section 1. Be it enacted by the Legislature of the State of Texas, That Articles 32, 34, 35, 39 and 408, of the above recited Act be so amended as to hereafter read as follows, to-wit: Article 32. All persons, whether inhabitants of this State or of the United States, or aliens, are amenable to punishment for offences which are defined and made punishable under the provisions of part II. of this Code. The exceptions to the general rule here laid down, are given in the subsequent article of this Code. Article 34. All persons who have less than one-eighth African blood come within the meaning of the term "white persons," and all persons who have one-eighth, or a greater portion of African blood come within the meaning of the term "persons of color." Article 35. No act done within the uninhabited portion of the State, by individuals belonging to the several Indian tribes, in their intercourse with each other, or with other tribes, and affecting no other person, is considered as an offence against this Code. but in all other respects, such individuals are upon a footing with all other persons, both as to protection and liability to punishment. Article 39. When it shall appear that a minor was aided or instigated in the commission of an offence, by a relation in the ascending line, or by his guardian, or an apprentice under. age by his master, or a wife by her husband, such relation, guardian, master or husband shall, at the direction of the jury, in capital cases, be punished by death. and in cases not capital, shall receive double the punishment imposed by law in ordinary cases, for the same offence. Article 408. If any person shall give, or barter, or cause to be sold, given or bartered, any ardent spirits, or any spirituous or intoxicating liquors, or fire arms, or ammunition to any Indian of the wild or unfriendly tribes, he shall be fined not less than ten nor more than one hundred dollars. Justices of the Peace and Mayors shall have jurisdiction under this article. 

Sec. 2. That Articles 33, 218a, the 4th clause of Article 226, Articles 506, 564, 565, 566, and Chapters 1, 2, 3, 4, 5, 6, 7 and 8, of Title 19, Part II; also, Titles 1 and 2, and Chapter 1, of Title III, Part III, and Articles 822, 823, 824, 825 and 829 of Chapter II, Title III, Part III, of the said Act; and also, sections I and 3, and the proviso of section 4, of an Act approved March 5th, 1863, entitled an Act to amend an Act to amend an Act to establish a Penal Code, approved August 26th, 1856, approved February 12th, 1858; and all Acts and parts of Acts amendatory of any Article, Chapter or Title, named in this section, be and the same are hereby repealed. 

Sec. 3. That this Act shall take effect and be in force from and after its passage. 

Passed October 31, 1866.


CHAPTER LXXX.

An Act Regulating Contracts for Labor.

Section 1. Be it enacted by the Legislature of the State of Texas, That all persons desirous of engaging as laborers for a period of one year or less. may do so under the following regulations: All contract for labor for a longer period than one month shall be made in writing, and in the presence of a Justice of the Peace, County Judge, County Clerk, Notary Public, or two disinterested witnesses, in whose presence the contract shall be read to the laborers, and, when assented to, shall be signed in triplicate by both parties. and shall then be considered binding, for the time therein prescribed.

Sec. 2. Every laborer shall have full and perfect liberty to choose his or her employer, but when once chosen, they shall not be allowed to leave their place of employment, under the fulfillment of their contract, unless by consent of their employer, or on account of harsh treatment or breach of contract on the part of the employer, and if they do so leave without cause or permission, they shall forfeit all wages earned to the time of abandonment.

Sec. 3. One copy of the contract, above provided for, shall be deposited with the Clerk of the County Court of the county in which the employer resides; and the Clerk shall endorse thereon, filed, giving the date, and signing his name officially; the contract then shall have the force and effect of an authentic act, and be conclusive evidence of the intent of the parties thereto; but all disputes arising between the parties shall be decided before a court of competent jurisdiction, and said court shall have power to enforce the same.

Sec. 4. The Clerk of the County Court shall enter, in a well bound book kept for that purpose, a regular and alphabetical index to the contracts filed, showing the name of the employer, and the employed, the date of filing, and the duration of the contract, which book, together with the contract filed, shall, at all times, be subject to the examination of every person interested, without fee. The Clerk shall be entitled to demand from the party filing such contract, a fee of twenty-five cents, which shall be full compensation of all services required under this Act.

Sec. 5. All labor contracts shall be made with the heads of families; they shall embrace the labor of all the members of the family named therein, able to work, and shall be binding on all minors of said families.

Sec. 6. Wages due, under labor contracts, shall be a lien upon one-half of the crops, second only to liens for rent, and not more than one-half of the crops shall be removed from the plantation, until such wages are fully paid.

Sec. 7. All employers, wilfully failing to comply with their contract, shall, upon conviction, be fined an amount double that due the laborer, recoverable before any court of competent jurisdiction, to be paid to the laborer; and any inhumanity, cruelty, or neglect of duty, on the part of the employer, shall be summarily punished by fines, within the discretion of the court, to be paid to the injured party; provided, that this shall not be so construed as a remission of any penalty, now inflicted by law, for like offences.

Sec. 8. In case of sickness of the laborer, wages for the time lost shall be deducted, and, when the sickness is feigned, for purposes of idleness, and also, on refusal to work according to contract, double the amount of wages shall be deducted for the time lost, and, also, when rations have been furnished, and should the refusal to work continue beyond three days, the offender shall be reported to a Justice of the Peace or Mayor of a town or city and shall be forced to labor on roads, streets and other public works, without pay, until the offender consents to return to his labor.

Sec. 9. The labor of the employee shall be governed by the terms stipulated in the contract; he shall obey all proper orders of his employer or his agent, take proper care of his work-imuies, horses, oxen, stock of all character and kind; also, all agricultural implements; and employers shall have the right to make a reasonable deduction from the laborers' wages for injuries done to animals or agricultural implements committed to their care, or for bad or negligent work. Failing to obey reasonable orders, neglect of duty, leaving home without permission, impnfdeie, swearing or indecent language to, or in the presence of the employer, his famil or agent, or quarrelling and fighting with one another, shall be deemed disobedience. For any disobedience, a fine of one dollar shall be imposed on, and paid by the offender. For all lost time from work hours, without permission from the employer or his agent, unless in case of sickness, the laborer shall be fined twenty-five cents per hour. For all absence from home without permission, the laborer shall be fined at the rate of two dollars per day; fines to be denounced at the time of the delinquency. Laborers will not be required to labor on the Sabbath, except to take necessary care of stock, and other property on the plantation, or to do necessary cooking or household duties, unless by special contract for work of necessity. For all thefts of the laborer from the employer, of agricultural products, hogs, sheep, poultry, or any other property of the employer, or wilful destruction of property, or injury, the laborer shall pay the employer double the amount of the value of the property stolen, destroyed or injured, one-half to be paid to the employer, and the other half to be aced in the general fund, provided for in this section. No live st cck shall be allowed to laborers without the permission of the employer. Laborers shall not receive visitors during work hours. All difficulties arising between the employer and laborers, under this section, shall be settled, and all fines imposed by the former; if not satisfactory to the laborer, an appeal may 'be had to the nearest Justice of the Peace. and two freeholders, citizens, one of said citizens to be selected by the employer, and the other by the laborer; and all fines imposed, and collected under this section, shall be deducted from the wages due, and shall be placed in a common fund to be divided among the other laborers employed on the place at the time when their wages fall due, except as herein provided; and where there are no other laborers employed, the fines and penalties imposed shall be paid into the County Treasury, and constitute a fund for the relief of the indigent of the county.

Sec. 10. Laborers, in the various duties of the household, and in all the domestic duties of the family, shall, at all hours of the day or night, and on all days of the week, promptly answer all calls, and obey and execute all lawful orders and commands of the family in whose service they are employed, unless otherwise stipulated in the contract, and any failure or refusal by the laborer to obey, as herein provided, except in case of sickness, shall be deemed disobedience, within the meaning of this Act. And it is the duty of this class of laborers to be especially civil and polite to their employer, his family and guests, and they shall receive gentle and kind treatment. Employers, and their families, shall, after ten o'clock at night, and on Sundays, make no calls on their laborers, nor exact any service of them, which exigencies of the household or family do not make necessary or unavoidable..

Sec. 11. That for gross misconduct on the part of the laborer, such as disobedience, habitual laziness, frequent acts of violation of their contracts, or the laws of the State, they may be dismissed by their employer; nevertheless the laborer shall have the right to an appeal to a Justice of the Peace, asd two freeholders, citizens of the county, one of the freeholders to be selected by him or herself, and the other by his or her employer, and their decision shall be final. Sec. 12. That all laws and parts of laws contrary to or conflicting with the provisions of this Act be, and are hereby repealed, and that this Act take effect from and after its passage. 

Approved November 1. 1866.


CHAPTER CII.


 An Act requiring Railroad Companies to provide convenient accommodations for Freedmen. 

Section 1. Be it enacted by the Legislature of the State of Texas, That from and after the passage of this act, every Railroad Company heretofore incorporated, or which may hereafter be incorporated, by the Legislature of this State, shall be required to attach to each nassenger train run by said Company, one car for the special accommodation of Freedmen. 

Approved November 6, 1866.


CHAPTER CXI

. An Act to define the offence of Vagrancy, and to provide for the punishment of Vagrants: 

Section 1. Be it enacted by the Legislature of the State of Texas. That a vagrant is hereby declared to be an idle person, living without any means of support, and making no exertions to obtain a livelihood, by any honest employment. All persons who stroll about to tell fortunes, or to exhibit tricks or cheats in public, not licensed by law, common prostitutes and professional gamblers, or persons who keep houses for prostitutes, or for gamblers; persons who go about to beg alms, (and who are not afflicted or disabled by a physical malady or misfortune); and habitual drunkards, who abandon, neglect or refuse to aid in the support of their families, and who may be complained of by their families; or persons who stroll idly about the streets of towns or cities, having no local habitation, and no honest business or employment, each and all of the above and aforesaid classes be, and they are hereby declared vagrants, coming with the meaning of this Act.

Sec. 2. The County Courts, Justices of the Peace, and Mayors or Recorders of incorporated towns and cities, shall have power to order the arrest of vagrants, and to try the offence provided for by this Act.

Sec. 3. A peace officer shall arrest a vagrant, and bring him or her before the Court or magistrate issuing the warrant, as herein provided for; and, if no peace officer can be conveniently procured, the warrant may be directed to any private person, who shall execute and return the warrant according to law.

Sec. 4. When a person arrested is brought before a court or magistrate, it shall be the duty of such court or magistrate to proceed to ascertain, by evidence, whether or not the accused is a vagrant within the meaning of this Act; and, if found guilty, he shall be fined in any sum not more than ten dollars.

Sec. 5. The accused shall, in every instance, if he demand it, be entitled to the right of trial by jury.

Sec. 6. In cases of conviction, the defendant shall not be released from custody until the fine and costs are paid; which, if not done within a reasonable time, to be judged of by the officer, the accused shall be put at such labor, and in such manner, as the Police Court of the county, or municipal authorities of towns and cities shall provide; and a vagrant who is so put to work, after conviction as aforesaid, shall not be released therefrom, until the fine and costs have been satisfied, at the rate of one dollar per day.

Sec. 8. A warrant may issue for the arrest of vagrants by the Judge of the County Court, or by a magistrate, and mayor or recorder, of their own motion, or on complaint, in writing, by some credible person, charging the offence.

Sec. 8. The Police Courts of the respective counties, and the municipal authorities of towns and cities, shall, at stated periods, make regulations prescribing the klnd of work at which vagrants are to be employed. And should any vagrant refuse to work, after conviction and failure to pay fine and costs, he or she shall be lodged in jail, and placed in close confinement, on bread and water, until he or she may consent to work; and the period spent in jail shall not be computed in estimating the time for satisfying the fine and costs.

 Sec. 9. Youthful and juvenile vagrants shall be sent before the Police Court, to be bound out, under the Act regulating Apprentices; Provided, that the fines and penalties prescribed in this Act shall conform to the provisions of the Criminal Code in relation to the same offences.

Sec. 10. All laws and parts of laws, in conflict with the provisions of this Act be, and the same are hereby repealed.

Approved November 8th, 1866.


CHAPTER CXX.

An Act to provide for the employment of Convicts for petty offences.

Section 1. Be it enacted by the Legislature of the State of Texas, That whenever any person is hereafter convicted of a misdemeanor or petty offence, and as a punishment therefor, is sentenced to be imprisoned in the County Jail of any county, it shall be lawful for the Police Court of the county to employ such convict to labor upon the public buildings or other public works of the county, or upon the public roads of the county, during the whole term of his imprisonment, or any part thereof; and they are further authorized to employ or let the labor of such convicts for hire, to work at any mechanical or other employment, under such rules and regulations as may be prescribed by said Police Court.

Sec. 2. Said Police Court is also authorized to employ, in like manner, the labor of all convicts who may be under sentence of imprisonment for the non-payment of a fine imposed by any Court of this State, for the commission of a misdemeanor or petty offence, in which case the convict shall receive a credit of one dollar for each days' work done by him, and when the whole fine and costs are thus paid by him he shall be discharged from imprisonment, unless he is held for some other legal cause; and all persons arrested and confined in jail on any criminal charge or complaint of a misdemeanor or petty offence, may be employed by order of such Police Courts, in like manner, from the time of imprisonment until the time of trial, and if upon trial, such person shall be acquitted and discharged, he shall be paid. not less than twentv-five cents nor more than one dollar, in the discretion of said Court, for each days' work; provided, that before trial and conviction no person shall be held to labor by order of said Court, without his consent.

Sec. 3. All money which may be realized under the provisions of this Act, shall be paid into the County Treasury, and may be appropriated for the benefit of the county, in such manner as the Police Court may direct.

Sec. 4. That this Act take effect and be in force from and after its passage.

Approved November 9, 1866.


CHAPTER CXXVIII.

An Act to define and declare the rights of persons lately known as Slaves, and Free Persons of Color.

Section 1. Be it enacted by the Legislature of the State of Texas, That all persons heretofore known as slaves, and free persons of color, shall have the right to make and enforce contracts, to sue and be sued, to inherit, purchase, lease, hold, sell, and convey real, personal and mixed estate; to make wills and testaments, and to have and enjoy the rights of personal security, liberty, and private property, and all remedies and proceedings for the protection and enforcement of the same; and there shall be no discrimination against such persons in the administration of the criminal laws of this State.

Sec. 2. That all laws and parts of laws relating to persons lately held as slaves, or free persons of color, contrary to, or in conflict with the provisions of this act, be and the same are hereby repealed; Provided, nevertheless, that nothing herein shall be so construed as to repeal any law prohibiting the intermarriage of the white and black races, nor to permit any other than white men to serve on juries, hold office, or vote at any election, State, county, or municipal; Provided, further, that nothing herein contained shall be so construed as to allow them to testify, except in such cases and manner as is prescribed in the Constitution of the State.

Approved November 10, 1866.


CHAPTER CLIII.

An Act to Provide for the Employment of Convict Labor on Works of Public Utility.

Section 1. Be i enacted by the Legislature of the State of Texas. That persons now convicted of offences, and incarcerated in the State Penitentiary, or who shall hereafter be convicted of offences, for which the punishment is confinement in the Penitentiary, shall be divided into two classes, in the manner, and for the purposes hereinafter set forth. See. 2. Persons now convicted, or who shall be hereafter convicted of the crimes of murder, arson, rape, horse stealing, burglary, perjury or robbery, shall constitute the first class; persons convicted of other offences than those just recited, for which the punishment is incarceration, shall constitute the second class.

Sec. 3. The punishment of persons constituting the first class, shall continue the same as at present established and provided for by law. Convicts of the second class shall be employed on works of public utility, outside of the Penitentiary, under the orders and supervision of the Board of Public Labor, to be hereafter established, in such manner as shall be hereafter provided by law.

Sec. 4. The guarding, control of labor, subsistence and medical attention of convicts employed under this Act, shall be under officers and persons employed and paid by the State.

Sec. 5. The building of railroads, including herein the making of the grade, the cutting and laying of ties,, and the laying of the track, all works for the improvement of the navigation of rivers, bays, channels, and harbors; for irrigating lands; all working of mines of iron, lead, copper, or of coal, or of other valuable minerals; all working in iron foundries, where railroad iron shall be made, shall be deemed works of public utility in the intent of this Act, whether any of the above named works shall belong to the State, or be the property of any corporation, company, or individual. It shall, moreover, be competent for the Board of Public Labor to declare any other works of obvious and manifest public utility, to be public works, in the sense herein set forth, and to authorize the employment of convict labor on the same, as provided for in this Act.

Sec. 6. In the employment of convicts, as provided for herein, they shall be employed in gangs or parties of not less than twenty convicts in each gang or party engaged on any work.

Sec. 7. There shall be, and there is hereby established a Board, to be styled and known as the Board of Public Labor, which shall be composed of the Governor of the State, the Secretary of State, the Comptroller, the Attorney General and Treasurer of the State. Three members of the Board shall constitute a quorum for the transaction of business. Sec. S. The Board is hereby authorized to appoint suitable persons as agents to receive gangs of convicts, and to superintend the guarding, working, clothing, subsisting and providing medical attendance for such gangs of convicts.

Sec. 9. The Treasurer, acting under the orders of the Board of Public Labor, shall be, and he is hereby authorized and required to make contracts with individuals, or companies, or corporations for the employment of convicts to do work on works of public utility, coming within the intendment of this Act, and in conformity with the provisions of the same; and for the faithful performance of such contracts, on the part of parties s', hiring, or employment of convict labor, he shall require to be executed a bond, with two good and sufficient sureties, payable to the Governor of the State, in double the amount of the money stipulated for such labor; and all monies due and received for such labor shall be paid into the State Treasury, an account of which shall be kept, under the name of the Convict Labor Fund. An account of all monies expended under the provisions of this Act shall also be kept; and the Treasurer, in his annual report, shall make .an exhibit of all monies so paid in, and of those so expended.

Sec. 10. The proper guards for watching and securing convicts employed out side of the Penitentiary, by virtue of this Act, shall be employed, and paid in the manner now provided by law for the employment of guards in the Penitentiary, to secure convicts against escape, the agent having charge of any gang may cause to be placed a ball and chain on each convict, under such rules and regulations thereof as the Board of Public Labor shall establish. IIe is also authorized to place refractory convicts, under such regulations of the Board, in a chain gang.

Sec. 11. The convicts employed outside of the Penitentiary, under this Act, shall receive their clothing from the Penitentiary, and it is hereby made the duty of the Superintendent of the Penitentiary to issue to the agent, 'on his requisition, approved by the Governor, or President of the Board, all necessary clothing for the convicts under his charge.

Sec. 12. The subsistence of the convicts, contemplated in this Act, may be provided by the agent, and furnished at cost, or it may be stipulated to be furnished by parties hiring and employing convicts under this Act, as the same shall be authorized or ordered by the Board of Public Labor. But in all cases, it shall be sound and good in quality, and sufficient in quantity, and the Board shall establish such proper rules for securing this object. And any failure on the part of parties, whose duty it may be to furnish subsistence, shall be good cause to rescind a contract for labor or to dismiss an agent.

Sec. 13. It shall be, and it is hereby made the duty of every agent, to see that good medical attention shall be always at hand for convicts who may need such attention. And for this purpose the agent shall be required to employ a contract physician, at a sum not to exceed one dollar per month for such convict under his charge.

Sec. 14. It is hereby made the duty of the Board of Labor to establish rules and regulations for prohibiting all persons not expressly authorized from holding conversation, or remaining with or near convicts employed under this Act.

Sec. 15. Persons convicted of offences punishable by imprisonment shall be forwarded to the State Penitentiary, as heretofore; and it shall be stated in the order sending them to the Penitentiary, whether they are embraced in the first or second class of convicts, as provided in this Act; and those of the- second class shall be delivered, by the Superintendent of the Penitentiary, to an authorized agent, on the order of the President of the Board of Public Labor; but nothing contained herein shall be so construed as to prevent the Superintendent from retaining in the Penitentiary as many convicts as may be profitably employed therein.

Sec. 16. To stimulate convicts employed outside of the Penitentiary to good conduct and to reform, each convict shall, on serving out his full term, be entitled to receive, in money, one-third of the net proceeds of his wages, on the certificate of the Board of Public Labor for general meritorious conduct during the period for which he has been held to labor, to be paid on the draft of the President of said Board on the Treasurer.

Sec. 17. Any convict attempting to escape, refusing to work, or otherwise guilty of refractory conduct, may, at the discretion of the agent, or by orders from the Board of Public Labor, be sent to the Penitentiary, to serve out the balance of his term, at hard labor in the Penitentiary.

Sec. I8. The Board of Public Labor is hereby authorized and required to make such regulations, and all necessary by-laws, to carry the provisions of this Act into effect.

Approved November 12, 1866.


CHAPTER CLIV.

An Act to provide for the education of the indigent white children of the several counties of the State.

Section 1. Be it enacted by the Legislature of the State of Texas, That the Police Courts-at their discretion-of the several counties of the State, may levy and collect a tax, annually, not to exceed one-half of the State tax, and upon the same subjects of taxation, (Africans or descendants of Africans and their property excepted,) to be applied solely to the education of the indigent white children of their respective counties.

Sec. 2. The said tax shall be levied and collected in the same manner and under the same rules and regulations as other county taxes. Sec. 3. The Police Courts shall cause a list to be made of all indigent white children of their respective counties, subject to the benefits herein contemplated, and shall cause the funds to be raised under the provisions of this Act to be applied solely to the payment of tuition of those contained in said list, under such rules and regulations as the Court may prescribe, to the end that the funds may be most economically and effectually applied. Sec. 4. That this Act shall take effect and be in force from and after the first day of January, 1867.

 Approved November 12, 1866.


CHAPTER CLXVI. 

An Act to authorize the Board of Managers of the Lunatic Asylum to purchase from David L. Cross certain land therein named for the use of said Institution, for the benefit of Insane Negroes. 

Section 1. Be it enacted by the Legislature of the State of Texas, That the. Board of Managers of the Lunatic Asylum, be, and they are hereby authorized to purchase from David L. Cross twenty-six acres of land, with the improvements thereon, on which is situated the residence of the said Cross, contiguous to said Asylum, which may be used for the accommodation of insane per sons of African descent if, in the judgment of said Board of Managers, it is expedient to make said purchase, and so to use the same for the purposes as herein provided. 

Sec. 2. That the sum of ten thousand dollars is hereby appropriated. out of any money in the Treasury not otherwise appropriated. for the purchase as aforesaid, and for the making of the necessary improvements and changes in the buildings on said grounds, to adapt the same to the purposes herein intended, to be expended under the supervision and direction of the Board of Managers. 

Sec. 3. That this Act take effect from its passage. 

Approved November 12th, 1866.


NUMBER 13.

Joint Resolution, refusing to ratify the Constitutional Amendment.

The Honorable the Secretary of State of the United States, in a communication, dated June 16th, 1866, to His Excellency the Governor of the State of Texas, having submitted to the Legislature of the State of Texas the following Article, proposed by a Joint Resolution of the Congress of the United States, as an amendment to the Constitution of the United States, to wit: Article XIV. Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States, and of the States wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty or property, without due process of law, nor deny to any person within its jurisdiction the equal protection of its laws.

Sec. 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of Electors for President and Vice-President of the United States, Representatives. in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.

Sec. 3. No person shall be a Senator or Representative in Congress, or Elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State Legislature, or as any Executive or Judicial officer of any State to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid and comfort to the enemies thereof. But Congress may, by a vote of two-thirds of each House, remove such disability.

Sec. 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States, nor any State, shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims, shall be held illegal and void.

Sec. 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this Article. Be it resolved, That the Legislature of the State of Texas do not ratify the amendment to the Constitution of the United States proposed as Article XIV, in the Joint Resolution of the Congress of the United States.

Approved November 1, 1866.

 

 
Extracted from the Gammel's The Laws of Texas website.

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