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An Act to define the term Persons of Color. and to declare the rights of such persons 1865-1866 65 (1865.1)

handle is hein.slavery/ssactstn0245 and id is 1 raw text is: CHAPTER XL.

AN ACT to define the term Persons of Color, and to declare the
rights of such persons.
SECTION 1. Be it enacted by the General Assembly of the
State of Tennessee, That all Negroes, Mulattoes, Mestizoes,
and their descendants, having any African blood in their
veins, shall be known in this State as Persons of Color.
SEc. 2. Be it further enacted, That persons of color
have the right to make and enforce contracts, to sue
and be sued, to be parties and give evidence, to inherit,
and to have full and equal benefits of all laws and pro- Rights.
ceedings for the security of person and estate, and shall
not be subject to any other or different punishment, pains
or penalty, for the commission of any act or offence, than
such as are prescribed for white persons committing like
acts or offences.
SEC. 3. Be it further enacted, That all persons of color,
being blind, deaf and dumb, lunatics, paupers or appren-  Furth
tices, shall have the full and perfect benefit and application rights.
of all laws regulating and providing for white persons,
being blind or deaf and dumb or lunatics or paupers or
either (in asylums for their benelit) and apprentices.
SEC. 4. Be it further enacted, That all acts or parts of
acts and laws, inconsistent herewith, are hereby repealed :
Provided, That nothing in this act shall be so construed Laws repeal'
as to admit persons of color to serve. on the jury: And
provided further, That the provisions of this act shall not
e so construed as to require the education of colored and
white children in the same school.
SEC. 5. Be it further enacted, That all free persons of
color who were living together as husband and wife in
this State, while in a state of slavery, are hereby declared
to be man and wife, and their children legitimately entitled larriages.
to an inheritance in any property heretofore acquired, or
that may hereafter be acquired by said parents, to as full
an extent as the children of white citizens are now entitled,
by the existing laws of this State.
SEC. 6. And be itfurther enacted, That this act shall take
effect from and after its passage.
WILLIAM HEISKELL,
Speaker of the House qf Representatives.
JOSHUA B. FRIERSON,
Speaker of the Senate.
Passed May 26, 1866.

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