Page:The Green Bag (1889–1914), Volume 10.pdf/457

This page needs to be proofread.
422
The Green Bag.

had taught the French the impossibility of converting them (Art. I ). All persons were forbidden to work or travel on Sun days and fete days, which were to be most strictly observed (Art. 6 and 7). The master had absolute control over the services of his slaves. He determined the nature and duration of their labor and was entitled to everything they produced or be came possessed of (Art. 28). These ad vantages brought corresponding obligations. He must provide a stipulated allowance of food and clothing to all slaves belonging to him (Art. 2 2 and 25) even when, through youth, sickness or old age, they were in capable of working (Art. 27). In case he abandoned those who could not render service they were sent to the hospital, and the cost of their maintenance was charged against him (Art. 27). It was an offence to offer the slaves rum in place of any part of the allowance specified in the Code (Art. 23), nor could the master make any deduc tion from the prescribed aliment, even if he permitted his slave to work a certain day of the week for his own particular account (Art. 24). Masters were liable for every thing done by slaves by their order and command, or in connection with their busi ness without express command, but in the latter case only to the extent to which they had profited (Art. 29). If any damage or wrong was done by a slave, the master was compelled to either compensate the injured person or deliver up the wrong-doer, three days' time being granted to him in which to consider the matter (Art. 37). If the master suffered any immoral conduct between one of his slaves and a freeman he was heavily fined. If he had illegitimate children by one of his slaves, he forfeited his right both to her and the children, who became the property of the nearest hospital (Art. 9). The only way of averting this penalty was by marrying the slave, which made her free and her children legitimate (Art. 9). There was no prohibition of inter-marriage be

tween whites and negroes. Great power to discipline was left in the hands of the master. He could put his slaves in chains or beat them with whips or cords, but was forbidden to torture or disable them (Art. 42). The more severe forms of punishment were ad ministered by the court. The French had always tried to limit the power of the master to punish slaves and the restrictions in the Code Noir were a great advance on the absolute power of the old Germans, ex pressed in their proverb " The slave is mine. I can boil him or roast him." No slave could marry without the consent of the master (Art. 10), but no master could compel a slave to marry against her will (Art. 11). Children followed the condition of the mother. If she was free they were free; if she was a slave they belonged to her master (Art. 13). To prevent revolt slaves were not allowed to bear arms unless employed by their masters in hunting (Art. 15), and all assemblies of slaves were forbid den under penalty of corporal punishment "which shall not be less than the whip and branding with the fleur-de-lis" (Art. 16). The status of slaves was declared by the Code Noir to be that of moveables (Art. 43), and they were treated as such. They could be bought, sold and exchanged, or seized for debts of their masters (Art. 45). They entered into the community of prop erty between consorts (Art. 43), and could be held in usufruct (Art. 54). They were utterly incapable of contracting, and could neither hold public office nor act as agents for others than their masters (Art. 30). If any person bought from a slave it was his duty to first ascertain that the latter pos sessed authorization from his master to sell. If the slave sold without such authority the goods or their value could be revendicated by the master (Art. 18) and the purchaser was fined in addition. All property acquired by slaves, either by their own industry or gift from others, belonged to their masters (Art. 28). They could neither make dona