The Black Code of the District of Columbia (1848)

Ordinances of the Corporation of Washington.

Chapter LIII. Powers of the Corporation of the City of Washington, in regard to Colored Persons.

The Corporation of Washington shall have power and authority, to restrain and prohibit the nightly and other disorderly meetings of slaves, free negroes and mulattoes, and to punish such slaves by whipping, not exceeding forty stripes, or by imprisonment, not exceeding six months for any one offence, and to punish such free negroes and mulattoes by penal lies, not exceeding twenty dollars for any one offence, and in case of the inability of any free negro or mulatto to pay any such penalty and cost thereon, to cause him or her to be confined to labor, for any time not exceeding six calendar months; to prescribe the terms and conditions upon which free negroes and mulattoes may reside in the city; to punish corporeally any colored servant or slave for a breach of any of their laws or ordinances, unless the owner or holder of such servant or slave shall pay the fine in such cases provided; and to pass all laws, which shall be deemed necessary and proper, for carrying into execution the powers vested by this Act in the said Corporation. Laws of the United States, 1820, May 1st, Sect. 8.

Chapter LIV. Slaves guilty of horse-racing within three hundred yards of any house.—How punished.

If any slave shall be seen running any horse in any street or avenue of the city, within three hundred yards of any house or building, it shall be the duty of any constable to take such slave before a magistrate, and on his being convicted of such offence, he shall be publicly whipped any number of lashes, not exceeding thirty-nine. Ordinances of the Corporation of Washington, 1809, Dec. 9th, Sect. 3.

Chapter LV. Tax on slaves of residents.

There shall be paid annually on the first day of January, the following tax on slaves, the property of residents of the City of Washington, by his or her owner, viz.: On male slaves between the age of fifteen and forty five, two dollars; and on female slaves between the age of fifteen and forty-five, the sum of one dollar. Ordinances of the Corporation of Washington, 1816, Feb. 29th, Sect. 3. . . .

Chapter LVII. Penalty against licensed drinking shops selling liquor to slaves.

It shall be unlawful for any licensed persons, to sell or barter any spirituous liquers, wines, cordials, strong beer or cider, to any slave, or suffer the same to be drunk by any slave, within their shops, porter-cellars, or houses, or confectionaries, on pain of forfeiting and paying for each offence, a fine of twenty dollars, one-half to the use of the corporation, and one-half to the informer. Ordinances of the Corporation of Washington, 1819, October 26th, Sect. 3.

Chapter LVIII. Punishment of slaves for bathing in certain waters between sunrise and sunset.

It shall not be lawful for any slave to bathe or swim in the Anacostia river, between Sixth street east, and Fifteenth street west; or in the canal or any part of the Tyber east of Fifteenth street west, or in the Potomac river adjoining the city of Washington, lying between the Potomac Bridge and the northern boundary of the public ground at Greenleaf's Point, or in that part of the Potomac river, adjoining said city, lying between the mouth of the Tyber and Twenty-third street west, and between D street north and the mouth of Rock Creek, or to bathe or swim from or under the Potomac Bridge, on pain of being punished for each offence, on conviction thereof, with any number of stripes on his or her back, not exceeding five, unless his or her owner shall choose to pay a fine of two dollars for each offence. Ordinances of the Corporation of Washington, 1821, July 10th, Sect. 3.—1826, June 8th—1830, July 24th—1843, December 21st, Sect. 3.

Chapter LIX. Punishment of slaves for maltreating horses.

Any slave, who shall cruelly beat or wantonly abuse any animal of the horse kind, shall receive not less than five, nor more than ten lashes on his or her bare back, for each and every offence so committed. Ordinances of the Corporation of Washington, 1821, July 12th, Sect. 1, 3. . . .

Chapter LXI. Slaves brought into this city to hire or to reside must be recorded.

Every person, bringing or sending any slaves into this city to hire or reside therein, shall, within twenty days thereafter, cause the said slaves to be recorded on the books of the corporation, and shall deposit with the Register an affidavit, that such slaves are bona fide his or her her property, and every person, neglecting or refusing so to do, shall forfeit and pay the sum of twenty dollars for every slave brought in, who shall not be found on said books of record: and the Register shall be entitled to receive, for registering every such slave, a fee of twenty-five cents, to be paid by every person causing the same to be done. Ordinances of the Corporation of Washington, 1823, April 5th, Sect. 5.

Chapter LXII. Punishment of slaves for injuring the public pumps.

It shall not be lawful for any slave to destroy, impair or in any manner injure any public pump, well, aqueduct or hydrant, within the limits of this city, on pain of being punished for each offence, by commitment to the penitentiary or workhouse, for any number of days not exceeding thirty days, at the discretion of the justice taking cognizance of the offence, unless the owner of such slave, or person hiring such slave, shall choose to pay a fine not exceeding ten dollars for every such offence. Ordinances of the Corporation of Washington, 1826, July 26th; Sect. 1, 2.

Chapter LXIII. Punishment of slaves for injuring any enclosures of the mall.

If any slave shall pull down, impair or otherwise injure any fence, wall or enclosure or any part thereof, on the limits of the public mall, or any public square or reservation, under the control of this corporation, he shall on conviction, be punished at the discretion of the magistrate, with any number of stripes on the bare back not exceeding twenty for each and every offence so committed; Provided, that the owner or person, in whose employ said slave may be, shall have a right to pay a fine not exceeding ten dollars, in lieu of the punishment incurred by said slave, for violating this act. Ordinances of the Corporation of Washington, 1826, October 12th, Sect 1, 2.

Chapter LXIV. Terms upon which free colored persons are permitted to reside in the City of Washington.

Within thirty days after the first of October next, it shall be the duty of all free black or mulatto persons, males of the age of sixteen, and females of the age of fourteen years and upwards, who may then reside in the City of Washington, to exhibit satisfactory evidence of their title to freedom, to the Register of this corporation, together with a list of the names, ages and sex of all other persons of color under these ages, whether his or her own children or otherwise, inhabiting his or her house, who may not have performed this duty under existing laws; and for omitting to perform any or all the duties herein prescribed, the person so omitting shall forfeit and pay a sum of money not exceeding six dollars, for each and every month, he or she may continue to omit or neglect; and the Register of this corporation shall keep a record of all such free black and mulatto persons, and of their ages, sex, names and residence, and shall furnish a written permit, under the seal of the corporation, free of expense, to each head of a family, embracing all under his or her care, or to each individual, as the case may be, authorizing them to reside in the City of Washington, under the conditions prescribed in this act. Ordinances of the Corporation of Washington, 1827, May 31st, Sect. 1, 2. . . .

It shall not be lawful for any resident of this city to employ, harbor or conceal any free black or mulatto person, who cannot produce a permit from the Register, authorizing him or her to reside in the City of Washington, and on conviction thereof before a Justice of the Peace, shall forfeit and pay for each and every offence, a sum not exceeding five dollars . . .

Chapter LXV. Idle, disorderly or tumultuous assemblages of negroes prohibited.

All idle, disorderly or tumultuous assemblages of negroes, so as to disturb the peace or repose of the citizens, are hereby prohibited, and any free negro or mulatto, found offending against the provisions of this section, may, on conviction thereof before a justice of the peace, be recognized with one or more sureties, in the penal sum of twenty dollars, conditioned for his or her peaceable and orderly behavior, for any period of time, not exceeding six months from the date of such recognizance. Ordinances of the Corporation of Washington, 1827, May 31st, Sect. 3.

Chapter LXVI. Punishment of free colored persons for gaming.

If any free black or mulatto person shall be found playing at cards, dice or any other game of an immoral tendency, or shall be present as one of the company where such game is playing, on conviction thereof before a justice of the peace, he shall forfeit and pay a fine not exceeding ten dollars. Ordinances of the Corporation of Washington, 1827, May 31st Sect. 4.

Chapter LXVII. Punishment of free colored persons for having dances, &c., at their houses, without license.

All free black or mulatto persons are prohibited from having a dance, ball or assembly, at his, her or their house, without first having obtained a license or permit, for that purpose, from the Mayor, in which shall be mentioned the place, time of meeting, number of guests, hour of breaking up, and the name of the person so applying for such permit; and any free black or mulatto persons, offending agains the provisions of this Section, or suffering such disorder, during said period, as to disturb the peace of the neighborhood, on conviction thereof before a justice of the peace, shall forfeit and pay for each and every offence a sum not exceeding ten dollars. Ordinances of the Corporation of Washington, 1827, May 31st, Sect, 5.

Chapter LXVIII. Free colored persons prohibited from going at large, later than ten o'clock at night.

No free black or mulatto person shall be allowed to go at large, through the City of Washington, at a later hour than ten o'clock at night, excepting such free black or mulatto person have a pass from some jus- ice of the peace or respectable citizen, or be engaged in driving a cart, wagon or other carriage; and any free person of color, found offending against the provisions of this Section, shall, on conviction thereof before a justice of the pence, forfeit and pay a sum not exceeding ten dollars and, all such offenders may be confined in a lock-up house, until the following morning; Provided, That nothing herein contained shall be made to apply to any person of color, sent on an errand by the owner or employer of said person. Ordinances of the Corporation of Washington, 1827, May 31st, Sect. 6.

Chapter LXIX. Punishment of free colored persons for being found drunk, &c.

All free black or mulatto persons who shall be found drunk in the public streets, open grounds or tippling houses, or guilty of obscene and profane language or behavior, on conviction thereof before a justice of the peace, shall forfeit and pay a sum not exceeding three dollars for each and every offence. Ordinances of the Corporation of Washington, 1827, May 31st, Sect. 7.

Chapter LXX. Punishment of free colored persons for refusing or neglecting to pay fines imposed upon them by this act.

Any free black or mulatto person, who may be fined under any of the provisions of this Act, on refusing or neglecting to pay or secure to be paid such fine, shall be committed to the work-house, until such fine be paid, for any period of time, not exceeding six months; and on refusing or neglecting to give the security for good behavior required by any of the provisions of this Act, shall be committed to the work-house, until such security be given, not exceeding six months, for any one offence. Ordinances of the Corporation of Washington, 1827, May 31st, Sect. 8.

Chapter LXXI. Punishment of slaves for offences against this act.

The duties and obligations, which by this Act are imposed on free persons of color, are hereby made to apply to slaves, as far as they may be consistent with their condition as such; and anyslave found offendign against any of the provisions of this Act, on conviction thereof before a justice of the peace, may be sentenced to recieve any number of stripes, on his or her bare back, not exceeding thirty-nine, but it shall be optional with such slave, to have the punishment of whipping commuted for the payment of the fine, which would be imposed, in such cases, on free persons of color. Ordinances of the Corporation of Washington, 1827, May 31st, Sect. 8.

Chapter LXXII. Punishment of persons of color for frequenting the capitol square without necessary business.

Persons of color frequenting the Capitol square, without necessary business, and refusing to depart, shall be fined in a sum not exceeding twenty dollars, and in case of inability or refusal to pay the same, shall be confined to labor for a term, not more than thirty days for each offence. Ordinances of the Corporation of Washington, 1829, Jan. 9th, Sect. 1.

Chapter LXXIII. Punishment of slaves for creating a false alarm of fire.

If any slave shall kindle or set on fire, or be present, aiding, consenting or causing it to be done, in any street, avenue, or alley, open-ground or lot, any barrel, straw, shavings or other combustible, between the setting and the rising of the sun, whereby a false alarm of fire may be created, on conviction thereof, he shall be whipped, not exceeding thirty-nine lashes, at the discretion of the magistrate before whom the case may be tried, which punishment may be commuted by the payment of a fine not exceeding five dollars for every offence. Ordinances of the Corporation of Washington, 1829, April 2nd.

Chapter LXXIV. Punishment of slaves for setting off fire-crackers, &c.

If any slave shall set off any fire-crackers, squibs or other artificial fireworks, in any street or avenue, within one hundred yards of any dwelling houses, or shall discharge a gun, pistol or other fire arms on or under the Potomac Bridge at any time, he shall be punished by whipping, not exceeding thirty-nine stripes, at the discretion of the magistrate, which punishment may be commuted by the payment of a fine not exceeding five dollars, nor less than one dollar. Ordinances of the Corporation of Washington, 1829, June 4th, Sect. 2.—1843, Dec. 21st, Sect. 3.

Chapter LXXV. Punishment of slaves for breaking lamps.

If any slave shall break or injure any lamp now erected or hereafter to be erected, he shall, on conviction, be punished, at the discretion of the magistrate, with any number of stripes on the bare back, not exceeding twenty, for each and every offence committed; Provided, that the owner or employer of said slave may pay a fine not exceeding five dollars, in lieu of the punishment incurred by said offender for each and every violation of this act. Ordinances of the Corporation of Washington, 1830, Sept. 23d, Sect. 3, 4.

Chapter LXXVI. The trade or traffic in slaves taxed.

After the first of August next, it shall not be lawful for any person to trade or traffic in slaves, within the city limits of this Corporation, without first obtaining a license therefor, as is hereinafter provided, from the Mayor (who is hereby authorized to issue the same, to be and remain in force for the term of one year), for which, the following tax shall be paid at the time of making the same, viz: For a license to trade or traffic in slaves for profit, whether as agent or otherwise, four hundred dollars; and every person, who shall sell or barter at retail, trade, traffic, or keep as aforesaid, without first obtaining a license therefor, shall forfeit and pay for each and every offence a sum not less than twenty dollars, nor more than fifty dollars. Ordinances of the Corporation of Washington, 1831, July 28th, Sect. 1.

Chapter LXXVII. Penalty against ordinary keepers for selling liquor to slaves, &c.

All keepers of ordinaries or taverns shall be and they are hereby prohibited from selling spirituous liquors to slaves or other persons of color, on Sundays and other days, between sun-set and sun-rise; and any keeper of a tavern or ordinary, who shall sell or permit to be sold any spirituous liquors, in violation of this prohibition, shall, on conviction for the first offence, be fined in the sum of twenty dollars, and for a second offence, forfeit his license, which shall be annulled by the mayor. Ordinances of the Corporation of Washington, 1832, Nov. 5th, Sect. 8.

Chapter LXXVIII. Punishment of slaves for injuring the property of the United States within the city of Washington.

If any slave be guilty of disorderly and unlawful conduct in or about the public buildings and public grounds belonging to the United States within the City of Washington, or shall wilfully injure the buildings, trees or shrubs, or shall pull down, impair or otherwise injure any fence, wall or other enclosure, or shall injure any sink, culvert, pipe, hydrant, cistern, lamp or bridge, or shall remove any stone, gravel, sand or other property of the United States on any other part of the public grounds or lots belonging to the United States within the City of Washington, or shall tie or in any manner fasten any horse, mule or other animal to any of the trees, boxes or other protection thereof on any of the public grounds belonging to the United States in the City of Washington, or shall drive any cart, wagon or other carriage whatever on any of the paved or gravelled footways now made, or which may hereafter be made, in and on any of the aforesaid public grounds, or shall ride thereon except at the intersection of streets and avenues, or shall "break or injure any of the fire plugs erected along Pennsylvania avenue, by authority of Congress, or use, without having first obtained the written consent of the Commissioner of Public Buildings, the water from said plugs for any other purpose, than the use of the departments of the government and fire companies for the extinguishment of fires or watering the streets," 1842, May 25th, such slave, on conviction, shall be punished at the discretion of the magistrate, with any number of stripes on the bare back, not exceeding twenty for each offence; Provided, that the owner or person, in whose employment such slave may be, shall have a right to commute such corporeal punishment for such amount of fine, as the magistrate, in his discretion as aforesaid, may impose. Ordinances of the Corporation of Washington, 1834, Oct. 6th, Sect. 1, 2, 3.

Chapter XXIX. Punishment of slaves for injuring private houses.

If any slave shall be guilty of disorderly or unlawful conduct in or about any dwelling houses of the City of Washington, whether occupied or otherwise, or shall wilfully injure such houses or any of the outhouses thereunto appertaining, or shall break the windows of the same, or shall pull down or otherwise injure any fence, walls, steps, porch, stoop or enclosure or appendage thereunto belonging, such slave shall, upon conviction, be punished at the discretion of the magistrate before whom such case is tried, with any number of stripes on their bare back not exceeding nine-and-thirty for each offence; Provided, the owner or person, in whose employ the said slave may be, shall have a right, if so requiring, to pay a fine of not less than one dollar nor more than twenty, in lieu of the punishment incurred by said slave for the violation of this act. Ordinances of the Corporation of Washington, 1835, March 17th, Sect. 1, 2.

Chapter LXXX. Conditions upon which licenses shall be granted to free colored persons.

It shall not be lawful for the mayor to grant a license for any purpose whatever to any free negro or mulatto, or to any person or persons acting as agent or agents, or in behalf of any free negro or mulatto, except licenses to drive carts, drays, hackney carriages or wagons, and huckstering licenses, nor shall it be lawful for the mayor to grant a license for any purpose whatsoever to any free negro or mulatto, who shall not, before the passage of this act, be a resident of this city and be registered as such on the books of the corporation in compliance with the provisions of the act of May 31st, 1827, not to any person or persons acting as agent or agents, or in behalf of any such free negro or mulatto, and any license granted contrary to the provisions of the third and fourth sections of this act, shall be null and void. Ordinances of the Corporation of Washington, 1836, Oct. 29th, Sect. 3—1845, May 26th, Sect. 18.

Chapter LXXXI. Free colored persons prohibited from selling liquors, keeping taverns, &c.

It shall not be lawful for any free negro or mulatto, or for any person or persons acting as agent or agents or in behalf of any free negro or mulatto, to sell or barter any spirituous liquors mixed or unmixed, nor any wine, cordial, porter, ale, strong beer or cider, or any fermented liquors within the limits of this city; nor shall any free negro or mulatto, nor any person or persons acting under or for or on behalf of any free negro or mulatto, keep any tavern, ordinary, shop, porter-cellar, refectory or eating-house of any kind, for profit or gain; and any free negro or mulatto, or any person or persons acting under or for or on behalf of any free negro or mulatto, who shall violate any of the provisions of this section, shall forfeit and pay for each any every offence the sum of twenty dollars, to be recovered and applied in the manner prescribed by an existing ordinance of this Corporation. Ordinances of the Corporation of Washington, 1836, Oct. 29th, Sect. 4.

Chapter LXXXII. Secret, private and religious meetings of colored persons beyond the hour of ten at night, prohibited.

All secret or private meetings or assemblages whatsoever, and all meetings for religious worship, beyond the hour of ten o'clock at night, of free negroes, mulattoes or slaves, shall be and they are hereby declared to be unlawful; and any colored person or persons, found at such unlawful assemblages or meetings, or who may continue at any religious meeting after ten o'clock at night, shall for each and every offence, on conviction, pay the sum of five dollars, to be recovered and applied as prescribed by act of this Corporation; and in the event of any such meeting or assemblage as aforesaid, it shall be the duty of any police constable of any ward to enter into the house or upon the premises, where such an unlawful assemblage may be held, and use and employ all lawful and necessary means immediately to disperse the same; and in case any police constable, after full notice and knowledge of such meetings, shall neglect or refuse to execute the duty hereby enjoined and required as aforesaid, or any other duty required of him by this act, he shall, upon conviction thereof, forfeit and pay the sum of fifty dollars, and shall thereafter be incapable of holding any office of power or trust under the Corporation for one year thereafter. Ordinances of the Corporation of Washington, 1836, October 29th, Sect. 5.

Chapter LXXXIII. Free persons of color permitted to keep dogs.

It shall be lawful for all free persons of color who have families or are house-keeping, to own, possess and keep any animal of the dog kind, under the same regulations and penalties and upon the same terms on which white citizens are permitted to keep said animals. Ordinances of the Corporation of Washington, 1838, March 12th.

Chapter LXXXIV. Punishment of slaves offending against the laws regulating the public markets.

Slaves, found offending against any of the provisions of the ordinances of the Corporation of Washington, regulating the public markets therein, shall be forthwith taken before a Justice of the Peace, and, upon conviction, shall be punished for each offence with not less than five nor more than twenty lashes on his or her bare back; but if the owner of such slave or person hiring him or her choose so to do, he or she shall have the right to pay in lieu thereof the fines and penalties imposed by these acts; provided, the penalties so imposed, in reference to any slave, shall in no case be enforced, where the slave offending shall, when directed so to do by the Clerk of the Market, forthwith comply with said provisions. Ordinances of the Corporation of Washington, 1841, October 12th, Sect. 23—1845, May 26th, Sect. 19.

Chapter LXXXV. Restriction upon purchasing old metals from colored persons.

It shall not be lawful for any person, licensed under the provisions of this act, to buy any old iron, brass, copper, pewter or lead from any free colored person, without first obtaining proof that such colored person obtained the same in a lawful manner, nor to purchase such articles from any slave, unless such slave shall have a written permit to dispose of such articles from a known, responsible person, under a penalty of not less than five nor more than twenty dollars for each offence. Ordinances of the Corporation of Washington, 1848, April 25th.