Year: 1859

r J clude free negroes from this state.

 This bill was introduced in the Senate du. ring the first week of the session and has been duly considered both by the judiciary commit tee and the whole Senate, as well as by se- lect committee consisting of some of the abest lawyers in that body. A majority of the judi ciary committee recommended the passage. The original bill was amended to suit, as near as possible, the views of each senator and as amended has been fully discussed in all its pro. visions It is believed. that if the legislature intends to pass any law to rid the state of a great nuisance this bill will afford the remedy. We forbear any expression of opinion as to the merits of the bill, but publish it that the people may read it before the vote will be taken upon its pa age:

 A BILL,

 To De entitled An act to exclude from resdino in

 the State of Arkansas aU Free colored persons,

 Mulattoes and Negroes of the AJ'fcan race and for other purposes

 SEC. l. Beit enacted by the General Assembly of the State of Arkansas, That the whole of chapter sirty.four of the last Revised Statutes, under the title of emancipation, be and the same is hereby repealed, and shall have no force in this State, and that all and every act of any person in writing, by last aoiH, or otherwise giv- ing freedom to any slave within this State, shall be treated as a nullity, and void, from its ma king, so far as the same shall relate to slaves. And all such persons shall still be regarded as slaves, and descend and be inherited as is now provided by law.

 SEC. 2. Be it farther enacted, That all and every free person of color, being mulattoes or negroes, of the African race, may, of their own unbiased and free will, and further exercising their unbiased and free choice, select for them selves master or mistress, by a written pet- tion, addressed to any court of record within this state, setting forth all the facts touching their case; setting forth their age, where born and raised, whether born free or in slavery, and their desire to become the unconditional slave of person named in said petition, and state that they are willing to be reduced to uncondi- tional slavery. Upon which petition, being duly filed with the written assent of the person SD chosen as master or mistress. indorsed on said petition, the court, after it shall have examined the petitioner fully, touching the importance of the step, he or she is proposing to take, advis- ing them fully of the new relation that they are about to assume, and the relation existing between master and servant; then if the court be fully satisfied that no undue influence has been exercised by any person whatever to cause the petitioner to make his application; then in that event the court shall order that said peti- ton, with the inducements thereon, shall be fully spread on the records of their court. and further order and decree that said petitioner shall be deemed and regarded to be the slave of tho master or mistress so selected.

 SEQ 3. Be it further enacted, That all per- sons who shall be slaves as in the 2d section of this act set forth shall, at all times, be exempt from being levied on by virtue of any execution or process, of any kind, to satisfy any debt or demand due, or hereafter to become due or ow ing by said master or mistress whatever And all snch masters or mistresses shall never sell nor part the ownership of such slaves, unless by the free consent and desire of such slaves. taken in writing and properly acknowledged be- fore some officer authorized to take acknowledge meDfs. And should any such master or mistress send or carry, any such slaves out of this state to sell the same as property, they shall mme- diately, on reaching any other state, be deemed to be free persons, and such master or mistress shall loose all right they may have to property Tn said slaves, or any person who may hold un- der said master or mistress, shall be subject to the same forfeiture

 SEC. 4. Be it further enacted, That all and every person whatever. who shall become mas ter or mistress and owner of any slave or slaves. and all and every person owning and holding under them, or either of them, under and by virtue of the provisions of this act. shall pay taxes and become responsible for the conduct of said slaves, to the same extent, and in like man. ( 4la,

 master and slave as is now bv law enacted. and said persons shall be deemed to he slaves to ev- cry intent and purpose, according to the laws now in force, with the exceptions and restric- tions herein set forth.

 SEC. 5. Be n further enacted That all free negroes or mulattoes of the African race. that are now by law deemed to be negroes. that shall be foIInd to be in, and residing within the State of Arkansas, on the first day of January. one thousand, eight hundred and sixty, shall. by this act, be declared to be nuisance and deemed to be vagrants within the meaning of this act; and after the time herein recited should they continue to reside within this State. the sheriff of the county in which any such free negro or mulatto resides shall forthwith arrest and confne them in the jail of the county or require security in the sum of one thousand dol.

 

 of the proper county to answer any indictment by the grand jury, who are hereby required to prefer bill of indictment, charging them with being vagrants and nuisances, for which they have forfeited their freedom, and the circuit court shall proceed to try and determine the charge and if found guilty. the sheriff. after giving thirty days notice, by advertisement at the court house door, shall proceed to sell said Tree negroes or mulattoes, to the highest bidder. at the court house door of said county. on a cre- dit of twelve months, requiring bond for the purchase money with two good and sufficient securities, to be approved of the judge of the county court of said county; and when said money IS collected it shall be paid into the county treasury by said sheriff, to be appropri ated to the support and maintenance of free negro paupers if there are any in the county if not 1t shall be appropriated to the common chool fund of that county.

 SEC. 6. Be # further enacted. That after the lst day of January. A. D. 1860, that all free negroes, defined to be such. within the mean ing of this act who are under the age of twen- tv-one years, found to be residing in this state shall be forthwith arrested by the sheriff, or any constable of their respective counties, who shall take such minor free negroes immediately be- fore the county judge; who shall forthwith bind them out to humane masters or mstresses until they shall arrive at the age of twentv-one years; with clause in the indenture that they are not to be removed beyond the limits of the state, and they shall be we'll fed and warmly clothed; and then said masters or mattresses shall obligate themselves to pay said free negroes respectively, each of them, such sum of money to be paid in cash in the presence of the county judge, as shall be agreed on, when they shall arrive at the age of twenty one years; and eve- " county judge, in binding out said minor free negroes, shall insert clarse in the indenture, the amount Of money agreed on to be paid by the master or mistress. on their arriving at the age of twenty-one years

 SEC. 7 Be h further enacted, Int the coun- ty judges ot the respective counties are hereby required to see that all said minor free negroes shall be humanely dealt by, properly cared for and that they receive the amount of money stipulated for them in the indenture. so that they may be enabled to leave the state should they so desire.

 SEC. S. Be it .furtter enoctea That all such minor free negroes shall have one year. after they become twenty-one years of age, or be dis charged from the service of their masters or mistresses, to leave the State of Arkansas or al for thauncalypS y,ist ;,,