Of Colored Persons

Title 30. Chapter CIII. Of Colored Persons.

Slavery abolished.

1. Neither slavery nor involuntary servitude, except as lawful imprisonment may constitute such, shall exist within this state; and all acts and parts of acts relating to slaves and slavery are hereby repealed.

Definition of colored persons and Indians.

2. Every person having one-fourth or more of negro blood shall be deemed a colored person, and every person not a colored person having one-fourth or more of Indian blood shall be deemed an Indian. 

Criminal laws applicable to white persons apply equally to colored persons.

3. All laws in respect to crimes and punishments, and in respect to criminal proceedings applicable to white persons, shall apply in like manner to colored persons and to Indians, unless when it is otherwise specially provided.

When colored persons not married shall be deemed to be husband and wife; their children legitimated.

4. Where colored persons before the passage of this act shall have undertaken and agreed to occupy the relation to each other of husband and wife, and shall be cohabiting together as such at the time of its passage, whether the rites of marriage shall have been solemnized between them or not, they shall be deemed husband and wife and be entitled to the rights and privileges, and subject to the duties and obligations of that relation in like manner as if they had been duly married by law; and all their children shall be deemed legitimate, whether born before or after the passage of this act; and when the parties have ceased to cohabit before the passage of this act in consequence of the death of the woman, or from any other cause, all the children of the woman recognized by the man to be his shall be deemed legitimate.

Colored persons competent witnesses.

5. Hereafter colored persons shall be competent to testify in this state as if they were white.

Certain acts relating to slaves and slavery repealed.

6. The following acts and parts of acts are hereby repealed: all acts and parts of acts relating to slaves and slavery; chapter one hundred and seven of the Code of eighteen hundred and sixty, relating to free negroes; chapter two hundred of said Code, relating to offences by negroes; chapter two hundred and twelve of said Code, relating to proceedings against negroes; chapter ninety-eight of said Code, relating to patrols; sections twenty-five to forty-seven, both inclusive, of chapter one hundred and ninety-two of said Code; sections twenty-six to thirty, both inclusive, and sections thirty-three to thirty-seven, both inclusive, of chapter one hundred and ninety-eight of said Code; the fifth paragraph as enumerated in section two of chapter two hundred and three of said Code; all acts and parts of acts imposing on negroes the penalty of stripes where the same penalty is not imposed on white persons; and all other acts and parts of acts inconsistent with this act.

Remedy of person conceiving himself unlawfully detained as a slave.

7. Any person conceiving himself unlawfully detained as a slave, shall apply, by petition, to any judge or court having jurisdiction, for a writ of habeas corpus, showing by affidavit or other evidence probable cause to believe that he is detained without lawful authority; and the proceedings thereupon shall be as prescribed by the one hundred and fifty-third chapter.