An Act Temporarily Providing for Such Persons as Have Been to the Present Time Considered as Slaves (1865)

An Act entitled an act temporarily providing for such persons as have been to the present time considered as slaves.

Sec. 1.—Be it enacted by the General Council of the Choctaw Nation assembled, That until the ratification of the treaty between the United States and the Choctaw Nation now in the process of negotiation, all such persons as have, to the present time, been considered as slaves, and remaining in the country be, and the same are hereby permitted to remain with their former owners, under such regulations as hereinafter provided, subject to the approval of the President of the United States, as mentioned in the 3d article of the projected treaty, submitted by the United States Commissioners at Fort Smith, Arkansas.

Sec. 2.—Be it further enacted, That from and after the first day of January, A.D. 1866, next ensuing, all such persons of African descent, mentioned in the 1st section of this act, and who will remain with their former owner or owners, shall be allowed to contract with his or her former owner or owners on such terms and for such wages for his, her, or their labor, as they may mutually agree on, for the support and maintenance of such laborer and his or her family; such agreement to be made before the County Judge of the county in which the parties may reside, and that by virtue of such contract or agreement, the said former owner or owners shall be considered, in point of law, as guardian or guardians for such persons.

Sec. 3.—Be it further enacted, That in all such contracts, where the laborer and the employer agree, the employer will be required to clothe, pay doctors' bills, and furnish buildings and fuel, and in addition thereto, such compensation in money or share of the crops as may be agreed on.

Sec. 4.—Be it further enacted, That in case the employee (laborer) desires his wages to be paid in money in lieu of all other allowances, then the contract shall be governed in all cases by the following schedule of prices, viz.:

Sec. 5.—Be it further enacted, That where the laborer does not choose to remain with his or her former owner or owners, he or she shall be required to choose such other person as he or she may desire to labor for, and enter into contract with such person in the same manner as provided in this act.

Sec. 6.—Be it further enacted, That all contracts between the laborer and his or her employer shall be made in writing, and certified to by the County Judge of the county in which the parties may reside, on the back of such contract, and recorded by the County Clerk of said county.

Sec. 7.—Be it further enacted, That one half of the money wages due must be paid on the following days, viz.: on the first day of August, and all the money wages earned during the year, to be paid on the first day of January. Those who are working for a share of the crop, must receive their portion when the crop is gathered; wages for lost time will be deducted in case of sickness, or of absence without leave, and both wages and rations, where the party refuse to work when able to do so; when the laborer has once entered into a contract, such laborer must abide by it until the crop is gathered; if the laborer abandon his work before that time, such laborer shall forfeit his or her wages and be otherwise punished.

Sec. 8.—Be it further enacted, That the time of labor, incases of such contracts, shall be ten hours, between daylight and dark in summer and nine hours in winter, except the afternoon of Saturday and Sunday of each week, which shall be at the sole disposal of the laborer, except some necessity should arise, where the laborers are required to save the crop, in which case, the service required must be rendered.

Sec. 9.—Be it further enacted, That all crops and property on any plantation or other place where such persons are employed, will be held to be covered by a lien against all other creditors, to the extent of the wages due the employees, and such lien will follow such crops in any and all hands, until such labor is fully paid and satisfied.

Sec. 10.—Be it further enacted, That in all cases the persons named in the foregoing act, shall be allowed the same rights of process, civil and criminal, in the several courts of this Nation as are allowed to citizens thereof; and full protection of person and property is hereby guaranteed to all such persons.

Sec. 11.—Be it further enacted, That no person or persons, who have been considered as slaves, and may have voluntarily left this Nation, or hereafter may do so, shall in any case be allowed the privilege of returning for the purpose of residing in the Nation.

Sec. 12.—Be it further enacted, That in all contracts made between the employer and laborer, suitable provisions must be made in the terms of such contracts, so as to enable the employer to support, in a humane manner, any aged cripple and infirm persons who may be under his care, such persons having been regarded as slaves.

Sec. 13.—Be it further enacted, That any person, to the present time considered as slave, who shall be found strolling or lurking about from place to place, not pursuing any avocation within the meaning of this act, shall be arrested by the sheriff or his deputy or any light-horse man, coming to the knowledge of the same, who shall hire them out to the highest bidder, who may be willing to take charge of them and compel them to (work) labor.

Sec. 14.—Be it further enacted, That the proceeds of such hire shall be placed in the hands of the National Treasurer, after deducting fees of arrest, etc., to be retained as a special fund for the support of any freed persons who may hereafter have to be provided for.

Sec. 15.—Be it further enacted, That this act take effect and be in force from and after the 1st day of January, A.D. 1866.

Approved, October 14, 1865.