New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1856-11-26
Laws In Relation to Free Persons OF Ccl..;


Some time SINCE Mayor Waterman requested the
City Attorney, J. j. Michel, Esq, to examine the
statutes in force "relative to free persons of color
coming into this State from other States or coun-
tries etc, and the following is the result of that
officials examinations.
knowing that the subject was one of much import.
ance to owners and masters of vessels trading to this
port, obtained permission to take copy from the
original on file in the Mayors Office. It also of in
tcrest to the community at large. Here it is
Mayor of the city of New Orleans
ST-At your request have examined the laws of
the State relative to free persons of color coming into
this State from other States countries, and beg
leave briefly to state to you the result of this exami.
nation.
The policy of the government of Louisiana, from
the time OF It's existence territory in 1907 seems
to have been to prevent the increase of the free
coored population, by immigration, within her bor-
ders. On the 18th of April, 1907 we find the Terri
toral Legislature passing law forbidding free ne
groes or muattoes from emigrating to settling in
the Territory under the penalty of fine of twenty
dollars for every week during which they shall remain
in the Territory This law seems not to have been
strictly enforced: owing probably, to the difficulty
Of recovering the fine by the manner pointed out by
that law.
In 1880 we find again the Legislature recurring to
the subject and passing act i'll which they declare
" That all free negroes, mlattccs other free per-
sons otcolor, vino have come into the State since the
first day Of January, 1925, in violation of the act of
the Territorial Legislature Of the l4th of April 1907
shall and may be arrested and proceeded against by
warrant before any Judge, Justice of the Peace or
Mayor in this State, and that upon due proof Of the
violation of this act by any free negro, mulatto Or
Of the Peace Mayor in this State it shall be the
duty of said Judge, Justice of the Peace Mayor, to
order any free negro, muatto other free person Of
color. so brought before him and convicted of having
| ~ 1St nj IN
depart thcretrom within sixty days
IN lSi2, we again lind the subject in the LegiSla-
tnrc Of the State. The Act of that year provides
That free negro mulato or person of color shall
come into this State board of any vessel or steam
boat as cook, steward or mariner, or in any employ
mcnt on board of said vessel steamboat, OF as pas
senger and then goes on to provide for the arrest
anu detention OF said free persons OF color who may
so arrive IN the state, in order to ensure their depar
turc from the State when the vessel leaves. Penate.
are also imposed upon any persons bringing in The
State free persons OF color in violation of law.
In lSAJ modification was made in the law by al
lowing free persons of color, who came into the State
prior to ISIS and who have constantly resided in tbs
State since their arrival to register their names in the
office of the District Judge of the Parish in which
they reside, with statement of their age place otbir
and previous residence, authorizing the police jures
Of the respective parishes Gn the country and the
Municipal Councils in New Orleans, to grant such
free eolored persons permission to remain i'll said
Parish or Municipality
The act Of 1865, entitled, An act relative tG
slaves and free persons Of color, contains, in sub
stance, the same prohibition as the law previously
mentioned against free persons OF color coming into
the State, directing the form Of their arrest deten
ton and compulsory departure from the State.
refer your Honor to that law the only now eX
tant upon that subject all prior laws upon the same
subject being repealed. See Acts of 1866, p.377.
Those free persons of color however, who have I'M
der the acts of 1880 and 1913 by arriving in the State
within the periods mentioned i'll said acts and by com,
plying with the requirements of the laws, acquired
the right to abide in the State ought not to be dis
turbcd in the enjoyment of that right, except al
as the police regulations of the city may demand
They are not deprived Of any acquired right by the
act Of loJ5.
Respectfully subscribe myself
| Your obedient servant,
| ISgnedi j. j. MICHEL, City Attorney.