The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1866-03-20
THE FREEDMEN's CODE.

] an act concerning Negroes and Persons of
Color orof Ai1ed Blood.
| Be i enacted by the General Assembly of
the State Of North Carolina, and it is hereby
enacted by authority Of the same, That aesroes
and their issge, even where one ancestor in
each succeeding generation to the fourth inclu-
sive, is white, shall be deemed persons OF color.
! g Be it further enacted, That all persons
of color who are now Inhabitants of this State
shall be entitled ITO rhe same privileges aud sub
/ iect to the same burben and disabilities as BY
/ the laws of the State we're conferred on, or were
attached to, free persons Of color prior to the
| ordinance of emanci patton, except as the same
may be changed by law
| s. Be it further enacted, That persons of
color shall be entitled to ali the privileges of
white PERSONS ir the mode of prosecuting, de-
Tending. continuing, removing and transferring
their suits at law and in equity; and likewise to
the same mode Of trial by jury, and all priri-
leces appertaiDing thereto. And in all pro-
ceedinss in equity by against them, their
answer shall have the same force and effect in
| all respects the answer Of white persons.
! 4. Be it further enacted, That in all cases.
of apprenticeship of persons of color under
| chapter FIVE of the Revised Code, the master
shall be bound to discharge the same duties to
them as to white apprentices, and the words Gas
are white" in section three, line three, are here.
by repealed, and the word ''apprentice" shall be
read after the word ''such," in said line, and
the words off white person." in the second line
! of section six are hereby repealed: Provided
always, That in the binding out of apprentices
Of COLOR, The former master of such apprentices,
when they shall be regarded as suitable persons
| by the courts, shall be entitled to have such
apprentices bound to them in preference to
other persona
= okrl
! where men ard women, both or one Of whom
were lately slaves and emancipated,
now cohabit together in the relation of husband
and wife, the parties shall be deemed to have
been lawfully married man and wife at the
time of the commencement Of such cohabitation,
although they may not have been married in
due form of law. And all persons whose CO.
habitaton is hereby ratified into state of mar
riage, shall 60 before the clerk of the court Of
please and quarter sessions of the county IN
which they reside, at his office, or before some
justice of the peace, and acknowledge the fact
of such cohabitation, and the time Of its CON-
mencement; and the CLERK shall enter the same
in book kept for that purpose; and if the ac
knowleds ements be made before justice Of the
peace, such justice shall report ',he same in
writing tc the clerk of the court of pleas and
quarter sessions, ap9 the clerk shall enter the
same as though the Acknowledgements had been
made before him; and sach entry shall be
deemed prima tacia EVIDENCE Of the allegations
therein contained. For making such entry and
giving a certificate Of the same, the CLERK shall
be entitled to fee of twenty-five cents, to be
paid by the party for whom the services are
rendered.
g. Be it further enacted, That if any of
such persons shall fail to go before the clerk of
the county court or some justice of the peace Of
| IL 81, oh 40 lcr,n a.
marriage recorded before tho first of September
1866, they shall be deemed guilty of mis-
demeanor, and punished at the discretion of the
court, and their failure for each month there
after, shall constitute separate and distinct
! ofense.
7. Be it further enacted, That all contracts
between any persons whatever, whereof one or
more of them shall be person of color, for the
sale or purchase of any horse, mule, ass, jennet
neat cattle, hog, sheep or goat, whatever may
be the value of such articles, and all contracts
between such persons for any other article or
articles of property whatever of the value of ten
dollars more; and all contracts executed or
executory between such persons for the payment
Of money of the value Of ten dollars OF more,
shall be void to all persons whatever, unless
the same be put in writing and signed by the
vendors or debtors, and witnessed by white
person no can read and write.
S. BE it further enacted, That marriages
between white persons aud persons Of color shall
be void; and every person authorized to solemn
ize the rights of matrimony, who shall knowing
ly solemnize the same between such persons;
and every clerk Of court who shall knowingly
issue license for their marriage shall be deemed
guilty of misdemeanor, and moreover, shall
pay penalty Of five hundred dollars to any
person sueing Cor the same
RI ~ f,rt sc
color, not otherwise incompetent, shall be capa-
BILE. of bearing evidence in all controversies at
law and in equity, where the rights of persons
or property of persons of color shall be put to
issue, and would be concluded by the jud cement
or decree OF court; and also in pleas of the State,
where the violence, fraud or injury alleged shall
be charged to have been done by or to persons
of color. In a. other civil and criminal cases
such evidence shall be deemed inadnissible,
unless by consent Of the parties of record: Pro
yided, That this SECTION shall not 90 into effect
until jurisdiction 10 matters relating to freed
men shall be fully cou,u.itted to the Courts OF
this State; Provided, further, That no person
ehall be deemed Incompetent to bear testimony
in such cases, because of being a party to the
record or in interest
10. BE it further enacted, That whenever a
person of color shall be examined as witness,
the court shall warn the witness to declare the
truth.
IL. BE it further enacted, That any person
of color, convicted by due course of law, of an
assault with an intent 10 commit rape upon
the body ola white female, shall suffer death.
| II. Be it further enacted, That the criminal
laws of the State, embracing and affecting a