civil code of louisiana slavery

There is the same incapacity and the same nullity with respect to marriages contracted by free white persons with free people of color. Any person wounded or disabled, &c., in the pursuit of runaway slaves, or slaves charged with any crime, &c., shall be rewarded by legislative act, &c., and if killed in the pursuit, &c., his heirs shall receive the reward, &c. SEC. 2. 192. The Code Noir was developed in part to combat the spread of Protestantism and thus focuses more on religious restrictions than other slave codes. A master may manumit his slave either by an act inter vivos, or by a disposition made in prospect of death, provided such emancipation be made with the forms and under the conditions prescribed by law. SEC. 185. ART. ART. The slave shall be considered as being in the habit of running away when he shall gave absented himself from his master’s house twice for several days, or once more than a month. In 1795, there were 19,926 enslaved Africans and 16,304 free people of color in Louisiana. In the decades leading up to the Civil War, many of the African American papers in the north as well as abolitionist papers frequently published eye witness accounts of how slaves were treated in the south. 20. Section 1. ART. The vices of character, which give rise to the redhibition of slaves, are confined to the cases in which it is proved that the slave has committed a capital crime; or that he is addicted to theft; or that he is in the habit of running away. ART. The act of emancipation imports an obligation, on the part of the person granting it, to provide for the subsistence of the slave emancipated, if he should be unable to support himself. SEC. 5. ART. In your post you mention Louisiana Slave Code 1834, but in the pdf file you link to talks about the Louisiana Civil Code of 1824. The Louisiana Civil Code of 1870 resembled the Code Napoleon in its structure, style, and substance, but had its own unique identity as a product of Louisiana legal and cultural history. SEC. The children of slaves and the young of animals belong to the proprietor of the mother of them, by right of accession. Compiled for the National Era by a Marylander. All free persons, even minors, lunatics, persons of insane mind, and the like, may transmit their estates ab intestato, and inherit from others. A master, denouncing his slave as a runaway, shall be exempt from reparation for the injuries caused by his slave. 124, §1, eff. Black code, in U.S. history, any of numerous laws enacted in the states of the former Confederacy after the American Civil War and intended to assure the continuance of white supremacy.Enacted in 1865 and 1866, the laws were designed to replace the social controls of slavery that had been removed by the Emancipation Proclamation and the Thirteenth Amendment to the Constitution. Slaves shall have free enjoyment of Sundays, and shall be paid fifty cents a day, or its customary equivalent, for their labor when employed by the free inhabitants – provided this privilege shall not be extended to slaves employed as servants, carriage drivers, hospital waiters, or in carrying provisions to market. ... but colonial slavery was reintroduced. Slaves shall be considered as real estate, and shall be subject to mortgage, seizure, and sale, as real estate. Collection: African American Newspapers Just the facts? 26. The French implemented the Code Noir, or “Black Code,” attempting to define the parameters of slavery in the area that later became the state of Missouri. Slaves disabled by old age, sickness or any other cause, whether their disease be incurable or not, shall be fed and maintained by their masters, in the manner prescribed by the second and third sections of this act, under the penalty of a fine of twenty-five dollars for each offence against this provision. 95. Masters, in case of robbery or other damage done by their slaves, shall, beside the corporal punishment to which the slave is subject, pay all damages, or abandon the slave to the person robbed, &c., within five days from the time of sentence. Slaves cannot dispose of, or receive by donation inter vivos or mortis causa, unless they have been previously and expressly enfranchised conformably to law, or unless they are expressly enfranchised by the act itself by which the donation is made to them. The vices of character, which give rise to the redhibition of slaves, are confined to the cases in which it is proved that the slave has committed a capital crime; or that he is addicted to theft; or that he is in the habit of running away. SEC. SEC. Any enfranchisement made in fraud of creditors, or of the portion reserved by law to forced heirs, is null and void; if the slave manumitted was specially mortgaged; but in this case the enfranchisement shall take effect, provided the slave, or any one on his behalf, shall pay the debt for which the mortgage was given. 35. Common sources include the Library of Congress, The Flickr Commons, Wikimedia Commons, and other public archives. Compiled for the National Era by a Marylander, Introduction to the Transatlantic Slave Trade, THE LAW OF SLAVERY IN THE STATE OF LOUISIANA – 1847. aint Domingue, kept at Petit Goave, 6 May 1687, Signed Moriceau. ART. ART. 9. 2500. ART. 172. ART. The master may discharge himself from such responsibility by abandoning his slave to the person injured; in which case, such person shall sell such slave at public auction, in the usual form, to obtain payment of the damages and costs, and the balance, if any, shall be returned to the master. The new text of the Civil Code articles is copied below. 1 to 23) Chapter 1 General Principles (Art. ART. Accessible Archives Inc.®5 Great Valley Parkway, Suite 216Malvern PA 19355Phone: 866-296-1488Contact Us. Children born of a mother then in a state of slavery, whether married or not, follow the condition of their mother; they are consequently slaves, and belong to the master of their mother. Slaves, disabled by old age or otherwise, having children, can only be sold with such of their children as they may think proper to go with. Those who engage to serve for a fixed time for a certain consideration, and who are therefore considered, not as having hired out, but as having sold their services. The master shall be answerable for all the damages occasioned by an offence or quasi offence committed by his slave, independent of the punishment inflicted on the slave. http://www.accessible-archives.com/2011/08/law-of-slavery-in-the-state-of-louisiana/#ixzz3IQ89RibX. The slave shall be considered as being in the habit of running away when he shall gave absented himself from his master’s house twice for several days, or once more than a month. 187. 38. The Louisiana Civil Code of 1870 contained 1,275 more articles than the Code Napoleon. Enforcement of the Code Noir proved difficult throughout French colonial Louisiana, resulting in the cultivation of a brutal system of enslavement that nonetheless failed to control all forms of close contact between people legally identified as black and white. A slave is one who is in the power of a master to whom he belongs. The following section, taken from the Civil Code of Louisiana in 1824 serves as an example of slave laws throughout the South. 2425. The master may discharge himself from such responsibility by abandoning his slave to the person injured; in which case, such person shall sell such slave at public auction, in the usual form, to obtain payment of the damages and costs, and the balance, if any, shall be returned to the master. Chap. 2500. Civil Code; Code of Civil Procedure; Code of Criminal Procedure; Code of Evidence; Disclaimer: These codes may not be the most recent version. Slaves cannot dispose of, or receive by donation inter vivos or mortis causa, unless they have been previously and expressly enfranchised conformably to law, or unless they are expressly enfranchised by the act itself by which the donation is made to them. Be it enacted by the Senate and House of Representatives of the State of Louisiana, in General Assembly convened, That it shall be the duty of Sheriffs, Justices of the Peace and other civil officers of this … ART. When slaves are prosecuted for offences they have committed, notice must be given to their masters. Self-Guided Tour. ART. 14. ART. 1. Slavery, the Civil Law, and the Supreme Court of Louisiana (Southern Literary Studies) [Schafer, Judith Kelleher] on Amazon.com. Legal authorization to maintain control of the slave population in Missouri began in the French and Spanish colonial period, dating approximately from 1682 through 1803. ART. Every slave found on horseback, without permission, in writing, from his master, shall receive 25 lashes, and be sent home to his master, who shall pay twelve and a half cents per mile for carrying back the slave. 6. 35. The acknowledgment of an illegitimate child shall be made by a declaration executed before a notary public, in presence of two witnesses, when ever it shall not have been made in the registering of the birth or baptism of such child. 174. the slave is incapable of making any kind of contract, except those which relate to his own emancipation. ART. 631. When slaves are prosecuted for offences they have committed, notice must be given to their masters. THE CIVIL CODE OF LOUISIANA. The master may sell him, dispose of his person, his industry, and his labor; he can do nothing, possess nothing, nor acquire anything, but what must belong to his master. Jan. 1, 1988. ART. 1470 - 1492) Chap. 1362. Louisiana. Whitney Plantation Museum is the only museum in Louisiana with an exclusive focus on the lives of enslaved people. SEC. 155. 230. ART. A slave girl from New Orleans carte-de-visite, circa 1864. ART. To keep slaves in order and lawful submission, no master shall allow them to go beyond the city in which they dwell, or beyond the plantation to which they belong, without a permission, in the following form: SEC. 226. Modeled on the Code Napoleon, the Civil Code codified the French and Spanish laws considered still in force in Louisiana at that time. ART. 179. Legacies: Louisiana's "Creoles of Color" after the Civil War. SEC. The event which we … Apprentices – that is, those who engaged to serve any one, in order to learn some art, trade, or profession. There are three kinds of free servants in this State, to wit: Those who only hire out their services by the day, week, month, or year, in consideration of certain wages. Promulgated June 20, 1825. Napoleonic Code, French civil code enacted on March 21, 1804, and still extant, with revisions, that was the main influence on the 19th-century civil codes of most countries of continental Europe and Latin America. Acts 1987, No. Slaves. THE LAW OF SLAVERY IN THE STATE OF LOUISIANA – 1847. Accessible Archives provides one of the most valuable genealogical tools I have ever used. UNC libraries and their users consider Accessible Archives products to be important e-resources for supporting research in African American studies and on the history of the American South and, as a consequence, consistently have made their acquisition a priority. Daniel Cooper (1865), The Original French Zouaves: A Novel Military Entertainment. No master shall suffer on his plantation assemblies of any slaves but his own, under penalty of paying all the damage to the masters of the strange slaves, in consequence of permitting them to assemble. A sale is sometimes made of a thing to come, as of what shall accrue from an inheritance, of slaves or creatures yet unborn, or such like other things, although not yet existing. Slavery, the Civil Law, and the Supreme Court of Louisiana (Southern Literary Studies) [Schafer, Judith Kelleher] on Amazon.com. Date: August 26, 1847 322. In 1806, the territorial legislature passed an act (never fully enforced) prohibiting free black males from entering Louisiana and ordering those over the age of fifteen who had been born elsewhere to leave (Louisiana's native free people of color had been granted U. S. citizenship in 1803). ART. The master shall be answerable for all the damages occasioned by an offence or quasi offence committed by his slave, independent of the punishment inflicted on the slave. Where slaves have been given the donee is not permitted to collate them in kind; he is bound to collate for them by taking less, according to the value of the slaves at the time of the donation. 176. SEC. 3. THE LAW OF SLAVERY IN THE STATE OF LOUISIANA – 1847. 226. 188. All persons have the capability to contract, except those whose incapacity is specially declared by law. They can transmit nothing by succession or otherwise. SEC. When a student needed the exact date for Frederick Douglass’ speech ‘What the Black Man Wants,’ given at the 1865 annual meeting of the Mass. The absolute vices of slaves are leprosy, madness, and epilepsy. This was a major endeavor in the days before Wikipedia and online legislative databases. 177. Masters are bound by the acts of their slaves done by their command; but in case they should not have authorized or instructed them, they shall be answerable only for so much as they have benefited (jusqu’a concurrence de ce qui aura tourne a leur profit) by the transaction. The Civil Code contains the basic law of persons, property, obligations, donations, and successions that Louisiana statutes must accord … 173. Information below has been abridged for the web. ART. 1462. ART. 1 to 8) Chapter 2 Interpretation of Laws (Art. 15. 5. ART. In total, twenty one (21) articles were amended, three (3) were enacted, and one (1) was repealed. 1493 - 1518) Chap. ART. (Indian slavery was commo… Of the Disposable Portion, and of Its Reduction in Case of Excess (Art. ART. ART. ART. As slaves may say they are free, free people of color who carry arms shall have with them a certificate attesting their freedom, or they shall be liable to lose their arms. SEC. ART. 32. Every owner shall give to each of his slaves one barrel of Indian corn, or its equivalent, in rice, beans, or other grain, and one pint of salt, in kind, every month, under a penalty of a fine of ten dollars for every offence against this provision. Louisiana Black Codes, 1865. The first Louisiana civil code, Digeste de la Loi Civile, was written in French by attorneys James Brown, Louis Moreau-Lislet, and Edward Livingston and subsequently translated into English as The Digest of the Civil Laws now in Force in the Territory … Compiled for the National Era by a Marylander I. ART. The city of New Orleans in Louisiana developed slave codes under Spain, France, and the United States, due to Louisiana changing hands several times, resulting in a very complex set of slave codes. 2454. SEC. 492. Section 1. There are in this State two classes of servants, to wit: the free servants and the slaves. 25. ART. ART. 35. 30. Immediately after the Civil War ended, Southern states enacted "black codes" that allowed African Americans certain rights, such as legalized marriage, ownership of property, and limited access to the courts, but denied them the rights to testify against whites, to serve on juries or in state militias, vote, or start a job without the approval of the previous employer. Title: THE LAW OF SLAVERY IN THE STATE OF LOUISIANA – 1847 These are – persons of insane mind, slaves, those who are interdicted, minors, or married women. ART. Users can locate individual slaves who lived in Louisiana between the years of 1718 and 1820 through this easy-to-use, free, public database. 36. 157. EN. ART. Freemen are those who have preserved their natural liberty – that is to say, who have the right of doing whatever is not forbidden by law. The slaves thus arrested shall be condemned to hard labor by the authorities of the county, &c., they providing for their maintenance, house-room, clothing, and medical attendance; and if after two years, &c., they shall not be reclaimed by their masters, the said slaves shall be sold, &c., and after paying expenses, &c., the balance of the money shall be paid into the public treasury, &c. SEC. 2454. ART. 4. Persons whom the criminal laws declare incapable of exercising civil functions. 190. There is the same incapacity and the same nullity with respect to marriages contracted by free white persons with free people of color. No master of slaves shall be compelled to enfranchise any slave, except in cases where the enfranchisement shall be made for services rendered to the State, and on the state paying to the master the appraised value of the manumitted slave. ART. The rules prescribing the police and conduct to be observed with respect to slaves in this State, and the punishment of their crimes and offences, are fixed by special laws of the Legislature. 7. In politics, especially, they emerged as the leaders for Louisiana's black population. 19. Elisha Worthington of Chicot County was the state’s largest slave owner, holding more than 500 slaves on the eve of the Civil War. 21. The child born of a woman after she has acquired the right of being free at a future time, follows the condition of its mother, and becomes free at the time fixed for her enfranchisement, even if the mother should die before that time. The Historic New Orleans Collection. 1 photograph. Every master having runaway slaves shall report them to the judge of the county in which he resides, and the judges shall enter in a book the report of the master, &c. SEC. Free persons and slaves are incapable of contracting marriage together; the celebration of such marriages is forbidden, and the marriage is void. ART. 3. All that a slave possesses belongs to his master; he possesses nothing of his own, except his. No master shall be discharged from the obligation of feeding his slaves, by allowing them, instead of feeding them, to work certain days in the week for their own account, under a penalty of twenty-five dollars for every offence against this provision. Slaves shall be prosecuted in criminal cases, without it being necessary to make their masters parties thereto, unless the master be an accomplice; and for this purpose slaves shall be indicted and tried, without appeal, &c. SEC. The act of emancipation imports an obligation, on the part of the person granting it, to provide for the subsistence of the slave emancipated, if he should be unable to support himself. ART. The actual acts of the Louisiana Legislature are attached. The masters of slaves are responsible for the damage occasioned by them; the master, however, has the right of abandoning his slave in discharge of that responsibility. 8. 191. Any enfranchisement made in fraud of creditors, or of the portion reserved by law to forced heirs, is null and void; if the slave manumitted was specially mortgaged; but in this case the enfranchisement shall take effect, provided the slave, or any one on his behalf, shall pay the debt for which the mortgage was given. Enforcement of the Code Noir proved difficult throughout French colonial Louisiana, resulting in the cultivation of a brutal system of enslavement that nonetheless failed to control all forms of … Relative to apprentices and indentured servants. If the state wanted to execute a slave for a crime, the state must pay the master, as it was depriving the owner of property. Louisiana. 175. Persons insane, deaf, dumb, or blind. These are – persons of insane mind, slaves, those who are interdicted, minors, or married women. ART. In addition, laws in Louisiana’s civil code of 1825 (largely still in place), derive closely from the Napoleonic Code. The slaves shall be allowed half an hour for breakfast during the whole year; from the 1st of November to the 1st of May they shall be allowed two hours for dinner, and the rest of the year one hour and a half; but if the masters shall cause the meals of the slaves to be prepared the time fixed for rest shall be abridged half an hour per day. Any persons finding a slave carrying corn, rice, pulse, (legumes,) or any other provisions whatever, for the purpose of selling them, without a permission in writing from his master, shall have a right to stop and seize the said provisions, for reward, provided they may take two dollars from the master, in lieu of the said provisions; but if it be proved that the master has given permission, in writing, to his slave to carry, &c., and that it was destroyed by the parties seizing, then such parties shall be punishable by fine of twenty dollars; of, if insolvent, by two months’ hard labor. Louisiana Black Codes, 1865. At this Sesquicentennial it is appropriate for us to review the history and development of the Louisiana Civil Code. 2300. Masters are bound by the acts of their slaves done by their command; but in case they should not have authorized or instructed them, they shall be answerable only for so much as they have benefited (jusqu’a concurrence de ce qui aura tourne a leur profit) by the transaction. 3. Disclaimer: These codes may not be the most recent version.Louisiana may have more current or accurate information. Louisiana Civil Code. 2425. SEC. These codes were all repealed in 1866 when Reconstruction began (http://www.pbs.org/tpt/slavery-by-another-name/themes/black-codes/). Comprehensive revision being in 1986 caused by his slave as a runaway, shall be exempt from reparation the. Developed in part to combat the spread of Protestantism and thus focuses more on religious restrictions than other codes... Of such marriages is forbidden, and the same nullity with respect to contracted!, seizure, and who, being pursued, refuse to surrender whitney Plantation is located, home. 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