Mississippi Black Code "Vagrancy Law"
- Mark Shubert
- Dec 29, 2024
- 5 min read
An Act to Amend the Vagrant Laws of the State
November 24, 1865
Section 1. Be it enacted by the legislature of the state of Mississippi, that all rogues and vagabonds, idle and dissipated persons, beggars, jugglers, or persons practising unlawful games or plays, runaways, common drunkards, common nightwalkers, pilferers, lewd, wanton, or lascivious persons, in speech or behavior, common railers and brawlers, persons who neglect their calling or employment, misspend what they earn, or do not provide for the support of themselves or their families or dependents, and all other idle and disorderly persons, including all who neglect all lawful business, or habitually misspend their time by frequenting houses of illfame, gaming houses, or tippling shops, shall be deemed and considered vagrants under the provisions of this act;
and, on conviction thereof shall be fined not exceeding $100, with all accruing costs, and be imprisoned at the discretion of the court not exceeding ten days.
Section 2. Be it further enacted, that all freedmen, free Negroes, and mulattoes in this state over the age of eighteen years found on the second Monday in January 1866, or thereafter, with no lawful employment or business, or found unlawfully assembling themselves together either in the day or nighttime, and all white persons so assembling with freedmen, free Negroes, or mulattoes, or usually associating with freedmen, free Negroes, or mulattoes on terms of equality, or living in adultery or fornication with a freedwoman, free Negro, or mulatto, shall be deemed vagrants; and, on conviction thereof, shall be fined in the sum of not exceeding, in the case of a freedman, free Negro, or mulatto, 150, and a white man, $200, and imprisoned at the discretion of the court, the free Negro not exceeding ten days, and the white man not exceeding six months.
Section 3. Be it further enacted, that all justices of the peace, mayors, and aldermen of incorporated towns and cities of the several counties in this state shall have jurisdiction to try all questions of vagrancy in their respective towns, counties, and cities;
and it is hereby made their duty, whenever they shall ascertain that any person or persons in their respective towns, counties, and cities are violating any of the provisions of this act, to have said party or parties arrested and brought before them and immediately investigate said charge; and, on conviction, punish said party or parties as provided for herein. And it is hereby made the duty of all sheriffs, constables, town constables, city marshals, and all like officers to report to some officer having jurisdiction all violations of any of the provisions of this act; and it shall be the duty of the county courts to inquire if any officers have neglected any of the duties required by this act; and in case any officer shall fail or neglect any duty herein, it shall be the duty of the county court to fine said officer, upon conviction, not exceeding $100, to be paid into the county treasury for county purposes.
Section 4. Be it further enacted, that keepers of gaming houses, houses of prostitution, all prostitutes, public or private, and all persons who derive their chief support in employments that militate against good morals or against laws shall be deemed and held to be vagrants.
Section 5. Be it further enacted, that all fines and forfeitures collected under the provisions of this act shall be paid into the county treasury for general county purposes;
and in case any freedman, free Negro, or mulatto shall fail for five days after the imposition of any fine or forfeiture upon him or her for violation of any of the provisions of this act to pay the same, that it shall be, and is hereby made, the duty of the sheriff of the proper county to hire out said freedman, free Negro, or mulatto to any person who will, for the shortest period of service, pay said fine or forfeiture and all costs:
Provided, a preference shall be given to the employer, if there be one, in which case the employer shall be entitled to deduct and retain the amount so paid from the wages of such freedman, free Negro, or mulatto then due or to become due; and in case such freedman, free Negro, or mulatto cannot be hired out he or she may be dealt with as a pauper.
Section 6. Be it further enacted, that the same duties and liabilities existing among white persons of this state shall attach to freedmen, free Negroes, and mulattoes to support their indigent families and all colored paupers;
and that, in order to secure a support for such indigent freedmen, free Negroes, and mulattoes, it shall be lawful, and it is hereby made the duty of the boards of county police of each county in this state, to levy a poll or capitation tax on each and every freedman, free Negro, or mulatto, between the ages of eighteen and sixty years, not to exceed the sum of s I annually, to each person so taxed, which tax, when collected, shall be paid into the county treasurer's hands and constitute a fund to be called the Freedman's Pauper Fund, which shall be applied by the commissioners of the poor for the maintenance of the poor of the freedmen, free Negroes. and mulattoes of this state, under such regulations as may be established by the boards of county police, in the respective counties of this state.
Section 7. Be it further enacted, that if any freedman, free Negro, or mulatto shall fail or refuse to pay any tax levied according to the provisions of the 6th Section of this act, it shall be prima facie evidence of vagrancy, and it shall be the duty of the sheriff to arrest such freedman, free Negro, or mulatto, or such person refusing or neglecting to pay such tax, and proceed at once to hire, for the shortest time, such delinquent taxpayer to anyone who will pay the said tax, with accruing costs, giving preference to the employer, if there be one.
Section 8. Be it further enacted, that any person feeling himself or herself aggrieved by the judgment of any justice of the peace, mayor, or alderman in cases arising under this act may, within five days, appeal to the next term of the county court of the proper county, upon giving bond and security in a sum not less than $25 nor more than $150, conditioned to appear and prosecute said appeal, and abide by the judgment of the county court, and said appeal shall be tried de novo in the county court, and the decision of said court shall be final.
Comments