- sary for the protection, government, and control of the
emancipated slave." The Legislature did not enter upon this work immediately. It was not till May 11, 1866, that a bill was passed entitled, "An act to define the term, 'A Person of Color,' and to declare the rights of such persons."
The first section of this act provided that under the term "Person of Color" should be included all "negroes, mulatoes, meztigsoes, and their descendants having African blood." The second section declared: "That persons of color have the right to make and enforce contracts, to sue and be sued, to be parties and give evidence, and have full and equal benefit of all laws and proceedings 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." By the fifth section, slave marriages were legalized. The last section declared that nothing in the act should be so construed as to admit persons of color to serve on the jury, or to require the education of colored and white children in the same school.
Soon after the passage of this act occurred the great struggle over the ratification of the Fourteenth Amendment. At the time of its submission by Congress to the State the Legislature was not in session. Gov. Brownlow, therefore, issued a call for an extra session to convene on July 4th. The members were very slow in assembling. It became apparent that the opponents of the amendment in the Lower House would seek to defeat its ratification by preventing a quorum, which was fixed by the constitution at two thirds of all the members. Upon the first roll-call only forty-two members answered to their names. At the third meeting this list was increased to fifty-four, but it still fell short two votes of the necessary two thirds. The Sergeant-at-arms was, therefore, instructed to arrest the absentees, and bring them by force to the floor of the House. He did not
