Thursday, June 16, 2011

Negro Plaintiff and Plaintiff(s) Black Codes Amedment Violations by Defendant (The United States of America)

                        318.
Defendant 9th Amendment clearly stating
Amendment 9
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
 “However” Defendant (The United States of America) 1865 “Black Codes” denied (Negro) Plaintiff and Plaintiff(s) Black African Americans descendants the 9th Amendment rights as described below by Defendant (The United States of America)
Black Codes - South Carolina

The South Carolina legislature decreed that no black man "shall pursue the practice, art, trade or business of an artisan, mechanic, or shopkeeper, or any other trade or employment besides that of husbandry, or that of a servant under contract for labor, until he shall have obtained a license from the judge of the district court, which license shall be good for one year only."
A black shopkeeper or peddler had to pay $100 a year for a license. If a black man under contract for his labor left or was fired before the end of his contract time, he must "forefeit his wages for that year up to the time of quitting." Moreover, any person "giving or selling to any deserting freedman, free negro, or mulatto, any food, raiment, or other things shall be guilty of a misdemeanor" punishable by a fine of up to $200, and be subject to suit by the employer. In virtually every instance the inability to pay a fine would result in a sentence to labor for a period ranging from six months to a year.
                        319.
Moreover Plaintiff and Plaintiff(s) Black African Americans (Negro) state furtherance’s before the Honorable Justice” Defendant (The United States of America) having imposed illegal “poll taxes” were done being “imposed in every state”, upon the (Negro) Plaintiff and Plaintiff(s) Black African American descendants ranging in amount from Georgia's $1 per head on every man between the ages of twenty-one and sixty to $2 in Alabama on every person between the ages of eighteen and fifty, and to $3 in Florida.
A (Negro)black man could not buy or rent land except in a city. South Carolina required that a (Negro) black man pay an exorbitant fee to engage in trade or open a store. Nor, in that state, could he serve on juries. Unemployment was treated as a crime, and the unemployed could be sentenced to work without pay.
                              320.

Defendant 13th Amendment clearly stating

The 13th Amendment to the Constitution declared that "Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction." Formally abolishing slavery in the United States,
*Note* The 13th Amendment of the Defendant (The United States of America) was passed by Congress on January 31, 1865, and ratified by the states on December 6, 1865.
“However” Defendant (The United States of America) 1865 “Black Codes” denied (Negro) Plaintiff and Plaintiff(s) Black African Americans descendants the 13th Amendment rights as described below by Defendant (The United States of America)
Louisiana Black Codes of 1865
AN ACT
Relative to apprentices and indentured servants.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Louisiana, in General Assembly convened, That it shall be the duty of Sheriffs, Justices of the Peace and other civil officers of this State, to report to the Clerks of the District Courts of their respective Parishes, and in the Parish of Orleans (left bank) to the Mayor of the City of New Orleans, and on the right bank to the President of the Police Jury, on the first Monday of each month, for each and every year, all persons under the age of eighteen years, if females, and twenty-one, if males, who are orphans, or whose parent, parents, or tutor, have not the means, or who refuse to provide for and maintain said minors; and, thereupon, it shall be the duty of the Clerks of the District Courts,
Mayor and President of the Police Jury aforesaid, to examine whether the party or parties, so reported from time to time, come within the purview and meaning of this Act, and if so, to apprentice said minor or minors, in manner and form as prescribed by the Civil Code of the State of Louisiana; provided, that orphans coming under the provisions of this Act shall be authorized to select said employers when they have arrived at the age of puberty, unless they shall have been previously apprenticed; provided, that any indenture of apprentice or indented servant, made before a Justice of the Peace and two disinterested witnesses,
And the original deposited with and recorded by the Recorder of Mortgages for the Parish, in a book provided for that purpose, shall be valid and binding on the parties, and when made by the clerk, shall be also deposited with the Recorder of Mortgages, and all expenses for passing said acts of indenture shall be paid by the employer.
Sec. 2. Be it further enacted, &c., That persons who have attained the age of majority, whether in this State or any other State of the United States, or in a foreign country, may bind themselves to services to be performed in this country, for the term of five years, on such terms as they may stipulate, as domestic servants and to work on farms, plantations or in manufacturing establishments, which contracts shall be valid and binding on the parties to the same.
Sec. 3. Be it further enacted, &c., That in all cases, when the age of the minor cannot be ascertained by record testimony, the Clerks of the District Courts, Mayor and President of the Police Jury, or Justices of the Peace aforesaid, shall fix the age, according to the best evidence before them.
Sec. 4. Be it further enacted, &c., That all laws or parts of laws conflicting with the provisions of this Act, be, and the same are hereby repealed, and that this Act take effect from and after its passage.

DUNCAN S. CAGE, Speaker of the House of Representatives.
ALBERT VOORHIES, Lieutenant Governor and President of the Senate.
Approved December 21, 1865.
J. MADISON WELLS
Governor of the State of Louisiana  

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