Sec. 9. Any negro or colored person found drunk within the limits of the town shall be imprisoned and made to labor five days on the public streets, or pay five dollars in lieu of said labor.
Sec. 10. Any negro or colored person not residing in Franklin who shall be found within its corporate limits after the hour of three o'clock p.m. on Sunday without a special written permission from his employer or the mayor, shall be arrested and imprisoned and made to work two days on the public streets, or pay two dollars in lieu of said work.
Sec. 11. All the foregoing provisions apply to negroes or colored persons of both sexes.
Sec. 12. It shall be the special duty of the town constable, under direction of the mayor, to see that all the provisions of this ordinance are faithfully executed.
Sec. 13. Whoever in Franklin shall sell or give to any negro or colored person any intoxicating liquors, or shall exchange or barter for the same with any such negro or colored person, without special permission from the mayor or employer of said negro or colored person, shall, on conviction thereof before the mayor or justice of the peace in and for the seventh ward of the parish of St. Mary, pay a fine of twenty-five dollars and costs of prosecution, and in default of the payment of said fine and costs the person thus offending shall suffer imprisonment in the parish jail for ten days.
R.W. McMillan, Clerk
| Approved: | GEO. R. DAVIS, |
| Major Third Rhode Island Cavalry, Commanding Post. |
[Telegram.]
The ordinance relative to the “Police of negroes or colored persons within the corporate limits of the town of Franklin,” dated Friday, July 28, 1865, and signed by A.L. Tucker, mayor, being in violation of the emancipation proclamation, the orders of the War Department, and the orders of these headquarters, you will prevent their enforcement and arrest any person attempting to carry them out. The negroes are as free as other people. This ordinance, if enforced, would be slavery in substance, which can never be. Attend to this matter with all the vigor at your command. I have consulted General Canby, who concurs with me in the matter.
Ass't. Comm. Bureau of Refugees, Freedmen, &c., State of Louisiana.
Lieutenant S.E. Shepard,
Provost Marshal, Parish of St. Mary, Brashear City, or Franklin, La.
Official copy:
First Lieutenant and A.A.A. General.
No. 36.
Office Assistant Commissioner for State of Mississippi,
Vicksburg, Miss., September 28, 1865.
General: I enclose a copy of the city ordinances. You will see that negroes who sell vegetables, cakes, &c., on the street are required to pay ten dollars ($10) per month for the privilege of doing so.
To illustrate the workings of this ordinance I will give you an actual occurrence in this city.
About a year ago an old negro man named Henderson, crippled with over-work, about seventy years of age, was sent to me for support by the military authorities. I issued him rations for himself and wife, an old negro woman, incapable of doing anything but care for herself. I continued this till about January 1, 1865, when the old man came to me and informed me that if I would allow him to sell apples and cakes to the soldiers on a corner of the street near my office, under a large tree that grew there, he thought he could care for himself and make enough to support himself and wife. I immediately gave him permission and an order to protect him. I had but little faith in his being able to do it, as he was compelled to go on crutches and was bent nearly double, owing to a severe whipping his old master had given him some years ago.
He commenced his work, and, much to my surprise, made enough to support himself, and asked for no more assistance from me.
