Le Code Noir.
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LE CODE NOIR (THE BLACK CODE). By Albert Swindlehurst.
OF all the nations that founded colonies in the new world, France seemed most likely to advance the cause of freedom. Portugal had been the pioneer in the slave trade; Spain had almost exterminated the Indians in endeavoring to reduce them to servitude, and it was sufficient unto the England of that day that slave dealing was profitable. To France alone could the negro look for liberty and justice. That nation had arisen from the ruins of an Em pire which had decayed through slavery; her State religion was founded on the brotherhood of man; and corporal servitude, always considered contrary to natural law, no longer existed there. Little by little the lower orders had improved their condi tion until, after three centuries of steady social progress, the desire of Louis X had been fulfilled; the Francs at last comported with their name and had become a race of freemen. Slavery was therefore at first forbidden in the new colonial possessions under severe penalties, although there were many strong reasons in favor of its being legalized. The warmth of the climate did not permit of sustained manual labor by Europeans, and the African negroes who were being intro duced into neighboring West Indian islands were accustomed to work under the torrid sun, and seemed destined by nature to live in subjection. But France had commenced to colonize in a missionary spirit — religious fervor governed her action — and consider ations so gross and material could not be allowed to influence her policy. It was only when Louis XIII became convinced that slavery would afford greater opportunities for instructing the negroes in the Christian religion that he permitted it.
Slavery allowed, its regulation became necessary. This was effected, in minute detail, by the great ordinance of Louis XIV, of 1685, contained in the Code Noir — a collection of Edicts and Ordinances for the government of the French West Indian possessions and of Louisiana. The ordinance is attributed in great part to M. de Fourcroi, a celebrated advocate of the Parliament of Paris, and is divided into sixty articles. Characterized by the clearness and methodical arrangement which has made the legislation of Louis so cele brated, it may be classified into three broad divisions; the articles concerning religion, which treat the negroes as fellow Christians; the civil law articles, which consider them human chattels, and the criminal law section, which prescribes punishments too harsh for beasts. The French commentators, how ever, claim that far from aggravating the lot of the negroes the ordinance ameliorated their condition in a certain measure, provid ing for their sustenance, facilitating their enfranchisement, and restricting the powers and rights of their masters. Nothing that legislation could effect was omitted to make the Catholic religion uni versal. Masters who did not profess that faith were declared incapable of contracting a legal marriage (Art. 8) and their slaves be came forfeited (Art. 4). Slaves who were not baptized, could not be interred in con secrated ground, but were to be buried at night, close to the place where they died (Art. 14); the intention being to take from them all they had — their hope of heavenly freedom. Jews were ordered to leave the territory governed by the ordinance within three months, under penalty of loss of liberty and all their possessions, for long experience
