same territory was retroceded to France, Oct. 1st, 1800, by the secret treaty of St. Ildefonso, and on the 30th April, 1803, ceded by France to the United States.'

In the colonial dependencies of both France and Spain the slavery of Indians' and negroes had been legalized by the same principles of jurisprudence which had introduced it into the English colonies.'

The third article of this treaty provided that "the inhabitants of the ceded territory shall be incorporated into the Union of the United States and admitted as soon as possible, according to the principles of the federal Constitution, to the enjoyment of all the rights, advantages and immunities of citizens of the United States, and in the meantime they shall be maintained and protected in the free enjoyment of their liberty, property, and the religion which they profess." VIII. U. S. St. 200; 1 B. & D. 135.'

1804, Mar. 26. The act of Congress,-An act erecting Louisiana into two Territories and providing for the temporary government thereof. II. U. S. Stat. 283. Sec. 3. Secures

Under this cession the United States claimed all south of the 31st deg. of N. Lat. and east of the Mississippi to the boundary of Spanish Florida. The western boundary of Louisiana was never settled in any of the treaties, there being nothing to determine it except the grant to Crozat of "all the country drained by the waters emptying directly or indirectly into the Mississippi." See the extracts given in 1 B. & D. pp. 435, 437. In the treaty of 1819, by which Florida was ceded, the boundary between Spanish Mexico and the United States was determined to be-The Sabine to 32° N. L.; thence northerly on a meridian to the Red River, and along the course of that river to 100° E. Long, from Greenwich; thence north on that meridian to the Arkansas, then following that river to its head and 42° N. L., and along that line to the Pacific.

Marguerite v. Chouteau, 2 Missouri, 70:-Indians taken in war, before O'Reilly's proclamation, in 1769, and the descendants of such Indian women, could be held as slaves.

3

Ante, vol. I. p. 212, Chouteau v. Pierre, 9 Missouri, 1:-His charter allowed Crozat" the faculty to send annually a vessel to Guinea for negroes whom he may sell in Louisiana, to the exclusion of all others." 1 Martin's Louisiana, 180. A like monopoly was given to Law's Mississippi Company. The edict or Code Noir of Louis XIV. recognized but did not first legalize slavery; as is sometimes said, as in 2 Gilman, 1. This Code dated from 1724. It is remarkable for recognizing the marriage state among slaves. Art. 6-10. See 1 Gayarré Hist. of La., 362, and App. Also in 2 ib. App. The governor's police regulations which are severe beyond the Code. Carondelet, Spanish governor in 1792, 1795, issued some new regulations, 3 Gay. 313; 1 Am. State Papers Misc. 380. A Royal Order, in 1793, specially sanctioned importation. Ib. 390.

This would have been the effect of international jurisprudence without this provision. Delassus v. the United States, 9 Peters, 133; Strother v. Lucas, 12 ib. 436.

1803, Oct. 31. An act enabling the President to take possession and for the

trial by jury in criminal cases, and in civil when either party desires, and the writ of habeas corpus to the inhabitants. 7. Declares that certain enumerated acts of Congress shall have effect in the above-mentioned Territories, among which are the act of Feb. 12, 1793, c. 7, respecting fugitives; that of March 22, 1794, c. 11, to prohibit the carrying on of the slave trade from the United States to any foreign place or country; and the act Feb. 28, 1803, c. 10, to prevent the importation of certain persons into certain States where, by the laws thereof, their admission is prohibited. 10. Forbids under a penalty the importation of slaves from any place without the limits of the United States; and the importation of slaves brought into the United States since May 1, 1798,' and that no slaves shall be introduced except by a citizen of the United States removing into said Territory for actual settlement, and being the bona fide owner; and slaves imported contrary to this law shall receive their freedom. 11. Continues the laws then in force.

By this act the portion of the Territory south of the 33d parallel is organized as the Territory of Orleans,' all of which is included in the present State of Louisiana.

1805, March 2. Another act authorizing the President to establish a government within the Territory of Orleans.' II. U. S. Stat. 322, 3 B. & D. 648, provides that the inhabitants "shall be entitled to and enjoy all the rights, privileges, and advantages secured by the Ordinance of 1787, and now enjoyed by the people of the Mississippi Territory."

1806, c. 11, of the territorial legislation, For the regula temporary government. Sec. 2. That the "military, civil and judicial powers" of the existing government be exercised under the President's direction "for maintaining and protecting the inhabitants in the free enjoyment of their liberty, property, and religion." II. U. S. St. 245; 3 B. & D. 562. The President's proclamation of Oct. 27, 1810, on taking possession, among reasons for the act mentions facilities given to violations of the laws prohibiting the introduction of slaves. XI. U. S. Stat. App. 761.

2

The reason of this in 2 Hildr. 2d Ser. 499.

By section 4, the executive and legislative power is vested in the governor and council; the laws, "if disapproved by Congress, shall thenceforth have no force."

3 Sec. 7. Provides for the admission of the Territory as a State, when the "free inhabitants" shall be sixty thousand in number. Provision is made for elections; but neither in this act, nor in that of 1804, is the possession of the franchise settled.

vants.

tion of the rights and duties of apprentices and indented serAn act to prevent the introduction of free people of color from Hispaniola and other French islands into the Territory of Orleans. -, c. 33. An act prescribing the rules and conduct to be observed with respect to negroes and other slaves of this Territory.' Sec. 1. Slaves to have the enjoyment of Sundays, and be paid when they work on that day; but not extending to slaves in specified domestic employments. 2-6. Regulating food, clothing, care of sick, &c. 7. Hours of rest and labor, following "the old usages of the Territory." (No similar provisions appear in the R. S.) 8. Disabled slaves sold at auction not to be separated from some of their children. (R. S. §67.) 9. Children under ten years not to be sold separately from their mothers. (R. S. § 75.) 10. Slaves real estate. 11-14. Certain police regulations. 15. "As the person of a slave belongs to his master, no slave can possess anything in his own right or dispose in any way of the produce of his industry without the consent of his master." 16. Slaves shall not be parties in civil suits, nor witnesses against whites. 17. May be prosecuted criminally. 18. "The condition of a slave being merely a passive one, his subordination to his master and to all who represent him is not susceptible of modification or restriction (except in what can incite the said slave to the commission of crimes) in such manner that he owes to his master, and to all his family, a respect without bounds, and an absolute obedience, and he is consequently to execute all the orders which he receives from him, his said master, or from them." 19, 20, 21. On the use of fire-arms by slaves and free colored persons. (R. S. § 63.) 22. Compensation for their robberies. 23-37. Respecting runaways; how pursued; if they will not surrender may be fired upon. (R. S. §61.) 38. Slaves prohibited trading or holding property. 39. Penalty for not providing for slaves. 40. "Free people of color ought never to insult or strike white people, nor presume to conceive themselves equal to the white; but

2

This is popularly, and in some of the digests, called the Black Code-Code Noir. Laperouse v. Rice, 13 La. 567.

2

on the contrary they ought to yield to them on every occasion, and never speak or answer them but with respect, under the penalty of imprisonment according to the nature of the offence." An act on crimes and offences is part of the same Code. 41. Directs the trial of slaves for capital offences by a county judge, or two justices, and from three to five freeholders. 42. Other offences, by a justice and freeholders. 43, 44. Regulations of trial. 45. Evidence of free Indians and slaves under oath in trials of slaves, and by sec. 46, likewise in all causes against free negroes, &c., where they have a jury trial. 47. Capital crimes declared. 48. Whites concealing goods stolen by slaves. 49. "Any slave who shall willfully strike his master, mistress, or his or her child or children, (or overseer, by a law of 1814,) so as to cause a contusion, or effusion or shedding of blood, shall be punished with death." (R. S. §3.) 50. Rebelling against overseers, how punished. (R. S. §14.) 51. Slave, for any killing, or for causing insurrections, to suffer death. 52. Payment for those executed. (Suppl. laws, 1818, 1830.) 53. Procuring witnesses against slaves. 54. Penalty for concealing from justice. 55. Penalty for striking a white person. (R. S. §9.) 56. Person willfully killing a slave to be tried and condemned agreeably to the laws of the Territory. For cruel punishments a fine between two and three hundred dollars. 57. Determining responsibility when such act is not witnessed. 58. Penalty for not keeping an overseer. (R. S. 73.) 59. Slave disclosing plots, &c., to be rewarded with freedom and a sum of money. 60-62. On legal proceedings. Supplementary on minor points are acts of 1807, c. 30, about overseers, 1809, c. 24. 1811, c. 14. Slaves may sell goods from baskets only. 1814, c. 8, sec. 1, restricts compensation for death of slave. 2. Includes white overseers in the intent of sec. 49 of the above Code. Of the same year, c. 12, for maintaining permanently on each plantation one white person for every thirty slaves.

1807, c. 10. Imposes conditions on emancipation.

c. 28, is entitled to prevent the immigration of free negroes and mulattoes into, &c. An act directing proceedings for freedom by persons held in slavery. Steele & McCampbell, Ark. Dig. 1835, p. 268.

1808, c. 31. Prescribing the formal designation of free colored people in public or notarial acts.

1809, c. 2. An act to provide for the delivery of fugitive slaves to their owners, inhabitants of the Spanish provinces adjacent to the Territory of Orleans. Judges and justices authorized to hear the complaint, &c.

1810, c. 20. Concerning importation of slaves who had committed crimes in the States. Acts of 1817, 1818, contain additional penalties, and prohibit the introduction of free blacks who may have committed crimes. c. 28. An act

respecting slaves imported into this Territory in violation of the Act of Congress, of March 2, 1807, provides that slaves unlawfully imported shall be seized and sold for the benefit of the State.

1812,' Jan. 22. Constitution of the State adopted by a convention of representatives. Preamble recites the act of Congress of 1811, and declares its object "in order to secure to all the citizens thereof the right of life, liberty, and property (afin d'assurer à tous les citoyens qui habitent ce territoire la jouissance des droits attachés à l'existence, à la liberté, et aux propriétés). Art. II. sec. 8. Suffrage limited to whites., c. 12. Authorizing a militia corps of free men of color, commanded by a white. 1815, c. 24, allows a police corps of free blacks in Natchitoches.

1816, c. 4. Punishment of masters of vessels attempting to carry off slaves, or allowing them to conceal themselves. (See 1805, on crimes and misdemeanors, amended 1806.) Additional securities in act of 1835, An. L. p. 152, R. S. §§ 3237. c. 43, sec. 1. No slave to be admitted as witness in matters civil or criminal against a white. 2. Or against a free person of color, unless charged with raising insurrection, &c. 5. A free person of color assaulting or insulting a white to be punished by imprisonment or fine. Other sections of penal

'Feb. 20, 1811. An act enabling the people of the Territory "to form a Constitution and State government, and for the admission of such State, &c. II. Stat. U. S. 641, 4 B. & D. 328. Sec. 2 designates the persons who shall vote. April 8, 1812. An act for the admission of the State of Louisiana into the Union, and to extend the laws of the United States to the said State. II. Stat. U. S. 701. 4 B. & D. 402. April 14. An act to enlarge the limits of the State of Louisiana, II. U. S. Stat. 708, makes the Pearl River the eastern boundary.