Page:The Green Bag (1889–1914), Volume 10.pdf/458

 Le Code Noir. tions to their children or relatives during their life-time nor leave them anything at death; all dispositions of property, promises and obligations being declared null as entered into by a race incapable of dispos ing of their goods (Art. 28). Slaves could not be parties to any action at law or be witnesses. In case they were listened to their testimony could only serve as a means of helping the judge to clear other evidence (Art. 30). So entirely were they con sidered personal property that no criminal action could be entered against them with out making the master a party to the suit (Art. 32). The punishment for wrong do ing was barbarously severe, and Montesquieu ironically says, " It is impossible for us to treat the negroes as men, because ' if we look upon them as men we shall commence to think we are not Christians.' " The slave who struck his master or the wife and chil dren of his master in such a way as to draw blood or bruise them might be condemned to death (Art. 33), and all offenses com mitted by slaves against free persons, were severely punished (Art. 34). The penalty for theft varied from whipping and branding on the shoulder with a fleur-de-lis for tak ing poultry (Art. 36), to capital punishment for stealing horses or cattle (Art. 35). As an inducement to the master to hand over any of his slaves guilty of a capital offense, special provision was made for payment of his estimated value, the amount of which was to be levied by the intendant on the free negroes paying taxes (Art 40). The most brutal treatment was reserved for fugi tive slaves. For the first offense — if absent over a month — their ears were cut off and they were marked with a fleur-de-lis on the shoulder. If they ran away a second time, they were hamstrung and marked with a fleur-de-lis on the other shoulder. The third time their punishment was death (Art. 38). Free persons harboring fugi tives were subject to a fine of three hundred livres a day (Art. 39).

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The ordinance gave a large measure of protection to the slaves. Husband and wife, and children under the age of puberty, could not be seized and sold separately if they were under the power of the same master (Art. 47). If the stipulated allow ance of food and clothing was not forth coming slaves could leave their master and place themselves under the protection of the nearest hospital (Art. 26). If tortured, outraged or mutilated they were instructed to give notice to the king's attorney, who prosecuted the master without fees. The greatest blessing of all, however, was the possibility of obtaining freedom. The ordi nance declares that all persons will be re puted and held to be free who have been made universal legatees by their masters, or named universal executors of their wills, or tutors to their children (Art. 56). The other methods of obtaining liberty are not stated. Enfranchised persons are ordered to pay great respect to their old- masters and their children; any injury done to these being punished more severely than if done to other persons (Art. 58). When the French colonized Louisiana the provisions of the ordinance were ex tended to that place, by edict of March, 1724. Some changes and additions were made, suggested by the experience of its working in St. Domingo and other West Indian islands. The articles enforcing the profession of the Catholic religion, and the observance of Sundays and f£tc days were modified; the penalty for harboring fugi tive slaves made more severe, and white subjects were prohibited from marrying negroes. Slavery never appears to have flourished in the northern possessions of France in America, and none of the provisions of the Code Noir came into force there. The In dians were too warlike and troublesome and the climate too bracing to allow the colo nists to settle down to the indolent life of slave owners. Some slaves were brought