Rude Republic: Americans and their Politics
in the Nineteenth Century

Glenn C. Altschuler and Stuart M. Blumin

Second-Order Document:
“The Black Code of St. Landry’s Parish, Opelousas, Louisiana”
U.S. Congress
Senate Executive Document No. 2. Washington, D.C., 1865, 93-94.
Source: https://courseware.vt.edu/users/shifflet/hist3205/blackcode.htm

Rationale: This print document from 1865 is used to challenge the notions presented in de Tocqueville’s writings. Black Codes, a direct result of the passage of the 13th Amendment to the Constitution, were passed to continue the enslavement of African-Americans, if only indirectly. These codes were designed to oppress blacks by denying them essential rights guaranteed to American citizens that de Tocqueville praised in Democracy in America. Though de Tocqueville probably witnessed the horrors of slavery during his tour of America during the Jacksonian Era and did not include those enslaved in his democratization paradigm, this document serves as a reminder challenging the belief that America during the mid-nineteenth century was a bastion of democracy.

The Black Code of St. Landry’s Parish, 1865
Opelousas, Louisiana

Whereas it was formerly made the duty of the police jury to make suitable regulations for the police of slaves within the limits of the parish; and whereas slaves have become emancipated by the action of the ruling powers; and whereas it is necessary for public order, as well as for the comfort and correct deportment of said freedmen, that suitable regulations should be established for their government in their changed condition, the following ordinances are adopted, with the approval of the United States military authority commanding in said parish, viz:

SECTION 1. Be it ordained by the police jury of the parish of St. Landry, That no negro shall be allowed to pass within the limits of said parish without a special permit in writing from his employer. Whoever shall violate this provision shall pay a fine of two dollars and fifty cents, or in default thereof shall be forced to work four days on the public road, or suffer corporeal punishments as provided hereinafter.

SECTION 5. Be it further ordained, That no public meetings or congregations of negroes shall be allowed within said parish after sunset; but such public meetings and congregations may be held between the hours of sunrise and sunset, by the special permission in writing of the captain of patrol, within whose beat such meetings shall take place. This prohibition, however, is not intended to prevent negroes from attending the usual church services, conducted by white ministers and priests. Every negro violating the provisions of this section shall pay a fine of five dollars, or in default thereof shall be compelled to work five days on the public road, or suffer corporeal punishment as hereinafter provided.

SECTION 6. Be it further ordained, That no negro shall be permitted to preach, exhort, or otherwise declaim to congregations of colored people, without a special permission in writing from the president of the police jury. Any negro violating the provisions of this section shall pay a fine of ten dollars, or in default thereof shall be compelled to work ten days on the public road, or suffer corporeal punishment as hereinafter provided.

SECTION 7. Be it further ordained, That no negro who is not in the military service shall be allowed to carry fire-arms, or any kind of weapons, within the parish, without the special written permission of his employers, approved and indorsed by the nearest or most convenient chief of patrol. Any one violating the provisions of this section shall forfeit his weapons and pay a fine of five dollars, or in default of the payment of said fine, shall be forced to work five days on the public road, or suffer corporeal punishment as hereinafter provided.

SECTION 8. Be it further ordained, That no negro shall sell, barter, or exchange any articles of merchandise or traffic within said parish without the special written permission of his employer, specifying the articles of sale, barter or traffic. Any one thus offending shall pay a fine of one dollar for each offence, and suffer the forfeiture of said articles, or in default of the payment of said fine shall work one day on the public road, or suffer corporeal punishment as hereinafter provided.
SECTION 16. Be it further ordained, That these ordinances shall take effect five days after their publication in the Opelousas Courier.

 

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