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Reconstruction in Louisiana: The New Orleans Massacre of 1866: Pre-Riot Legal Issues

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   Gen. Nathaniel P. Banks, commander of the occupied areas of Louisiana, summoned a constitutional convention on orders from President Lincoln. It was Louisiana's chance to get back into the Union.

   On March 28, 1864, Banks called for an election of delegates. Although Louisiana had 48 parishes, only those 19 parishes occupied by Union forces sent delegates. The Convention began on April 9, and ended on July 25, 1865. Article One read "Slavery and involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted, are hereby forever abolished and prohibited throughout the State." Article Two declared "The Legislature shall make no law recognizing the right of property in man."

   At the end of 1865, the Legislature passed a number of acts that basically undid the first two articles of the 1864 Constitution. They were designed to keep black people working on the very plantations from which they had been freed.

The 'Black Code' Acts

No. 10.]   AN ACT
To prohibit the carrying of fire-arms on premises or plantations of any citizen, without the consent of the owner.

No. 11.]     AN ACT
To Prevent Trespassing.

No. 12.]   AN ACT
To amend and re-enact the one hundred and twenty-first section of an act entitled "An Act relative to crimes and offences," approved March 14, 1855.

No. 16.]  AN ACT
To provide for the punishment of persons for tampering with, persuading or enticing away, harboring, feeding or secreting laborers, servants or apprentices.

No 19.]  AN ACT
Relative to apprentices and indentured servants.

No. 20.]  AN ACT
To punish in certain cases the employers of Laborers or Apprentice .

1864 Constitution

The English version of the Constitution may be found at page 173 of the Official Journal.

from Hathi Trust

1864 Convention Journal

Official journal of the proceedings of the Convention for the revision and amendment of the constitution of the state of Louisiana

from Hathi Trust

Debates in the Convention for the revision and amendment of the constitution of the state of Louisiana. Assembled at Liberty hall, New Orleans, April 6, 1864. By Albert P. Bennett, official reporter ...

from Hathi Trust

from Internet Archive