Louisiana Anthology

James Brown and Louis Moreau-Lislet.
“Chapter XXXIII: Black Code. An Act.”

CHAPTER XXXIII:

BLACK CODE.
AN ACT

Sec. I. Be it enacted by the Legislative Council and Slaves to have the enjoyment of Sundays, & be paid when they work on that day. House of Representatives of the Territory of Orleans, in general assembly convened, That the inhabitants who shall leave to their slaves the free enjoyment of Sundays, and shall pay them for their labor, with their day, when they will employ them, at the rate of fifty cents; Provided, Proviso. That the present section shall not be construed so as to extend to slaves employed as servants, carriage drivers, hospital waiters, or to those employed in carrying provisions to market.

Sec 2. And be it further enacted, Their rations. That every owner shall provide to his slaves the quantity of provisions hereafter specified, to wit: one barrel of Indian corn, Penalty for delivering them money instead of rations. or the equivalent thereof in rice, beans, or other grain, and a pint of salt, and to deliver the same, to the said slaves, in kind, every month, and never in money, under a penalty of a fine of ten dollars for every offence.

Sec. 3. And be it further enacted, That the slaves who shall not have on the property of their owners, a lot of ground to cultivate Cloathing. on their own account, shall be entitled to receive from said owner, one linen shirt and pantaloons for the summer, and a linen shirt and a woolen great coat and pantaloons for the winter.

Sec. 4. And be it further enacted, Penalty for failing to maintain sick or disabled slaves. That the slaves disabled through old age, sickness, or any other cause, whether their disease be incurable or not, shall be fed and maintained by their owners, in the manner prescribed by the second and third sections of this act, under the penalty of a fine of five and twenty dollars for every offence.

Sec. 5. And be it further enacted, That it shall be the duty of every owner to procure to his sick slaves, all kinds of temporal or spiritual assistance which their situation may require.

Sec. 6. And be it further enacted, That no inhabitant shall be discharged from the obligation of feeding his slaves, by permitting them, instead of feeding them, to work certain days in the week for their own account, under the penalty of five and twenty dollars for every offence.

Sec. 7. And be it further enacted, That as for the hours of work and of rest, which are to be assigned to slaves in summer and winter, the old usages of the territory shall be adhered to, to wit: Hours of work and rest fixed. The slaves shall be allowed half an hour for breakfast, during the whole year, from the first day of May to the first day of November, and from the first day of November to the first day of May, one hour and a half for dinner: Provided however, That the owners who will themselves take the trouble of causing to be prepared the meals of their slaves, be, and they are hereby, authorized to abridge by half an hour per day the time fixed for their rest.

Disabled slaves sold at publicsale shall not be separated from their children against their will. Sec. 8. And be it further enacted, That if at a public sale of slaves, there happen to be some who be disabled through old age or otherwise, and who have children, such slaves shall not be sold but with such of his or her children whom he or she may think proper to go with.

Children under 10 years of age not to be sold separate from their mothers. Sec. 9. And be it further enacted, That every person is expressly prohibited from selling separately from their mothers, the children who shall not have attained the full age of ten years.

Slaves considered as real estates & subject to be mortgaged, &c. Sec. 10. And be it further enacted, That slaves shall always be reputed and considered real estates, shall be, as such, subject to be mortgaged, according to the rules prescribed by law, and they shall be seized and sold as real estate.

Sec. 11. And be it further enacted, That the tenants, lessees, farmers, Administrators not accountable for slaves dying, &c. and others enjoying estates to which slaves working thereon belong, shall be obliged to govern the said slaves as good and honest men, in consideration whereof they shall not be held after their administration being over, to pay the price of the slaves who died or decayed through sickness or old age, or otherwise, during their administration without any fault of theirs, unless otherwise agreed on Proviso. Provided however, by contract: that they produce authentic proofs of the fact, and also they shall not keep as issues to their profit the children born from the said slaves during their administration, which said children shall be preferred and restored to those who are their masters and owners.

Penalty for persons admitting strange slaves into their camp. Sec. 12. And be it further enacted, That every inhabitant is prohibited from suffering in his camp, other assemblies than that of his own slaves, under the penalty of paying all the damage which might result to the owner of any strange slave in consequence of such an admittance.

Penalty for hiring a slave to himself. Sec. 13. And be it further enacted, That no owner of slaves shall hire his slaves to themselves, under the penalty of a fine of five and twenty dollars for every offence.

Slaves carrying provision &c. without a permission Sec. 14. And be it further enacted, That every person or persons who shall find any slave carrying corn, rice, greens, fowls, or any other provisions whatever, for the purpose of selling the same, without a permission in writing from his master, shall have a right to stop and to seize the said provisions, upon charge of immediately informing thereof the owner of such slave, which said owner shall abandon to such person or persons the said provisions for his or their reward, or shall give them a sum of two dollars instead thereof, if the owner should agree that he has given no permission by writing: Proviso. Provided however, That if said owner should affirm upon oath, that he has given such a permission by writing, such owner shall not be compelled to give any money or to abandon the provisions; and if in Penalty for destroying a slaves’ permission. case of any such seizure, it shall be proved that such person or persons, has or have destroyed the permission of the slave for the purpose of unjustly appropriating to him or themselves the said provisions, such person or persons, shall be punished with a fine of twenty dollars, and in case of insolvency, shall be sentenced to two months hard labor.

Slave cannot possess or dispose of property without the consent of his master. Sec. 15. And be it further enacted, That as the person of a slave belongs to his master, no slave can possess any thing in his own right, or dispose in any way of the produce of his industry, without the consent of his master.

Slaves shall not be parties to civil matters — nor witnesses against white people. Sec. 16. And be it further enacted, That no slaves shall be parties to a suit in civil matters, either as plaintiffs or defendants, nor be witness in any civil or criminal matters against any white persons: Proviso. Provided however, That their masters may act and defend in civil matters, and prosecute in criminal cases, to obtain satisfaction of the outrages and abuses which might have been committed against their slaves.

Sec. 17. And be it further enacted, Slaves how prosecuted. That the slaves shall be prosecuted in criminal cases, without its being necessary to make their owners parties thereto, unless the said owner be an accomplice; and for this purpose the slaves shall be indicted and tried without appeal by the judges of the place, according to what shall be hereafter prescribed.

Sec. 18. The respect due to masters &c. from slaves. And be it further enacted, That 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 any modification or restriction, (except in what can incite the said slave to the commission of crimes,) in such a 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.

Sec. 19. Slaves not to carry arms. And be it further enacted, That no slave shall by day or by night carry any visible or hidden arms, not even with a permission for so doing, and in case any person or persons, shall find any slave or slaves, using or carrying such fire arms, or any offensive weapons of any other kind, contrary to the true meaning of this act, he, the or they lawfully may seize and carry away such fire arms, or other offensive weapons; but before the person or persons, who shall so seize such fire arms can possess the same of right, he, she or they shall go, within forty-eight hours after the said seizure, before the next justice of the peace, and shall declare upon oath, the manner in which he, she or they have seized the said arms; and if the justice of the peace, upon the oath of such person or persons, or upon any other examination or proof, be satisfied that the said fire arms or other offensive weapons have been seized, pursuant to the true intent and meaning of this act, the said justice of the peace shall declare by a certificate under his hand and seal, that the said arms are forfeited, and that they have lawfully become the property of the person or persons who has or have seized the same: Provided, Provisos. That no certificate of the above description, shall be delivered by any justice of the peace, until the owner or owners of the said fire arms or other offensive weapons, which shall have been seized as aforesaid, or the overseer or overseers who shall have the said slave or slaves in charge, upon whom the said fire arms or other offensive weapons shall have been seized as aforesaid, be duly summoned to shew cause, (if he, she or they have any,) why the said arms should not be forfeited, or until forty-eight hours shall have elapsed after the citation and oath made before the said justice of the peace: Provided, That the said slave or slaves do not actually carry the arms of his master to or from his plantation to … with a special permission for that purpose.

Hunter’s permission. Sec. 20. And be it further enacted, That the inhabitants who shall keep slaves for the purpose of hunting, shall never deliver to the said slaves any fire arms for the purpose of hunting, without a permission by writing, which shall not serve beyond the limits of the plantation of the owners.

Sec. 21. And be it further enacted, Free people of color to carry certificate thereof. That as slaves may declare themselves free; free colored persons, who carry arms, are expressly directed to carry with them a certificate of a justice of the peace, attesting their freedom, for want of which they shall be subject to the penalty of the nineteenth section of this act.

Sec. 22. And be it further enacted, Slaves committing robbery. That the owners shall be bound in case of robbery or other damages caused by their slave or slaves, beside the corporeal punishment incurred by their said slave or slaves, to pay the said damage, unless they prefer to abandon the said slave or slaves to the person robbed, which the said owners shall be held to choose in five days from the day when the sentence shall have been pronounced.

Sec. 23. Damages done by runaway slaves And be it further enacted, That if a slave should rob, or cause any other damage whilst he is a runaway, and after his master has denounced him, as it shall be explained hereafter, the said master shall not be held to any reparation or damages to the person or persons who may suffer in consequence of it.

Sec. 24. Penalty for selling liquors to slaves And be it further enacted, That any person or persons whatever, are prohibited from selling to any slaves, intoxicating liquor, without a permission in writing from their master, which the said seller or sellers shall take care to keep at least during fifteen days for their justification, under the penalty of their being answerable for the damages which the master may suffer in consequence thereof, and of paying besides a fine of twenty dollars, How applied. to be applied as follows, viz. one half to the use of the county, and the other half to the informer; and any inhabitant who shall sell or in any manner whatever shall give to any slave any intoxicating liquor, Penalty for giving slaves liquors for cash or provisions. either for cash or in payment of some provisions, shall forfeit and pay a fine to be applied as before, which fine shall not exceed one hundred dollars, nor less than twenty, and shall moreover be answerable for the damages which the master may suffer in consequence thereof, as above mentioned.

Sec. 25. And be it further enacted, That every slave who shall be found on horseback Punishment of slaves going on horseback without a permit. shall be liable to be immediately arrested, if he is not the bearer of a permission in writing, from his master; and if he has no such permission the said slave shall receive twenty five lashes, after which he shall be sent away with the horse to his master, and his said master shall pay twelve cents and a half per mile for the carrying back the said slave.

Sec. 26. Persons having runaway slaves shall declare the same to the judge. And be it further enacted, That any inhabitant who shall have any runaway slaves, shall be held to declare the same to the judge of the county where he resides; and it shall be the duty of the said judge to keep a book for that purpose, in which he shall enter, without leaving any blank, the declarations of that kind which shall be made before him, therein specifying the When a slave is returned the owner shall declare it as above. name and sex of the slave, and the precise date of the day of the declaration; the whole to be signed by the owner or his agents, and whenever the said slave shall have been returned to his owner, it shall be the duty of the said owner to declare the same Judge’s compensation. as above directed; and said judge shall be entitled to receive fifty cents for every such declaration.

Sec. 27. And be it further enacted, That the keeper of the gaol of the county where Compensation for taking up runaways. a runaway slave may be caught, shall pay in cash or by giving his bond for every runaway slave delivered into his hands, to the person or persons, whether free or slave, who may have caught said runaway, to wit: for every slave arrested in the woods, or encampments, or other places where they may have retired, or who may be armed, or attempted resistance, the sum of ten dollars, and a further sum of fifty cents per league from the place where the said runaway was taken to the gaol; and the whole with the costs and expences of the gaoler shall be afterwards paid by the master of the slave; Provided however, Proviso. That every person be held to prove at what place the said runaway was taken, by a certificate of the nearest inhabitant, which certificate shall remain annexed to the register of the gaoler.

Slaves arrested how punished. Sec. 28. And be it further enacted, That said negroes thus arrested, shall be condemned, to wit: those carried to N. Orleans, as may be directed by the mayor and city council, and those confined in any gaol out of the city, as may be directed by the sheriffs of the respective counties, to hard labour, on condition that the said city council and sheriffs shall provide for the maintenance, house room, cloathing, and medical attendance of said negroes, at the expence of the city or county where said negroes may be employed as aforesaid, and on condition likewise that the said city council or sheriffs, Slaves to be advertised. (as the case may be,) shall advertise said slaves at least in two of the newspapers of said city in French and English during three months successively, and after that term once a month during the remainder of the year, Proviso. Provided, That in the counties where the said negroes cannot be employed usefully, the expences for maintenance shall be discharged by the owner of said slaves.

Sec. 29. And be it further enacted, That in case the owner of the said slave shall not claim said slave within two years from the date of the first advertisement in the news- papers, in compliance with the preceding section, then and in that case, it shall be the duty of the Slaves liable to be sold if not claimed by their owners. treasurer of the city, for negroes confined in the city of New Orleans, and of the sheriffs, for the negroes confined in the counties, to cause the said negroes to be sold, by and with the leave of the judge

of their respective county, first obtained, at public sale to the highest bidder, after three advertisements successively in the newspapers according to practice; and out of the produce of said sale, the sheriffs and gaolers into whose custody the said negroes shall have been placed, shall be paid for the Prison expences how paid. expences which may be due to them, either for money advanced when they took charge of said runaway slave, or for fees belonging to them, which said fees shall be fixed by the order of the judge of their Officers’ fees how fixed. respective county; and the produce of said sale over and above the part of it thus disposed of, shall be by the said treasurer of the city, or by the said sheriffs, respectively, deposited into the hands of the treasurer Overplus of said sales how disposed of. of the territory; and said produce thus delivered to the treasurer of the territory, shall be kept for the use of the owner of the said slave; Proviso. Provided, said money be claimed by the said owner within one year and one day from the date of the sale of the said slave; and in case said money should not be claimed within the above mentioned time, then said money shall be applied to public use, as may be directed by the legislature of this territory.

Slaves not to go from home without a permit. Sec. 30. And be it further enacted, That in order to keep slaves in good order and due submission, no person whatever shall allow any slave whole care and conduct are entrusted to him or her, and residing in this city, to go out of said city; or any slave.…

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… said fine, he or she shall be condemned to public labor for the space of one month.

Sec. 32. And be it further enacted, That if any slave shall be found absent from the house or dwelling, or where his usual place of working or residence Slave found absent from his residence, how proceeded against. is, without some white person accompanying him, and shall refuse to submit himself to the examination of any freeholder, the said freeholder shall be permitted to seize and correct the said slave as aforesaid; and if the said slave should resist, or attempt to make his escape, the said inhabitant is hereby authorized to make use of arms but at all events avoiding the killing of said slave, but should the said slave assault and strike the said inhabitant, he is lawfully authorized to kill him.

Sec. 33. And be it further enacted, Penalty for beating the slave of another. That if any slave employed in the lawful service of his master, overseer, or other person having charge of the said slave, shall be beaten, by any person or persons not having sufficient motives or lawful authority to act so, (of which motives the justices of the peace shall respectively judge,) every person thus offending, shall pay for every such offense, a fine of ten dollars to the county, and if the slave shall be mutilated, or rendered in consequence of the blows so given, incapable of working, the person so offending, shall, besides the fine above levied, be obliged to pay the master of the said slave the sum of two dollars per day, for every day’s work lost, and the care of the said slave: And if any slave be forever rendered unable to work, then, and in that case, the offender shall be compelled to pay the value of said slave, according to the appraisement made by two freeholders, inhabitants, appointed by each of the parties; and in case said parties do neglect to appoint such appraisers, within three days after being requested to do so, then said appraisers shall be appointed by the judge of their respective counties; and the slave thus disabled shall be forever maintained at the expence of the person who shall have thus disabled him, which person shall be compelled to maintain and feed said slave agreeably to the duties of masters towards their slaves, as ordered by this act: Provided, Provided. That should the offender be unable to pay the said fine and expences incurred, the judge who shall have pronounced the sentence in the said affair, shall condemn the offender to prison for a period not less than one month, or exceeding one year.

Sec. 34. Runaway slaves and other acting against the public peace, how dispersed. And be it further enacted, That every justice of the peace is authorized in his district, upon information or evidence received under oath, to go personally, or to send an order to any constable, or any other person, requesting him to order the attend- ance of such a number of persons, as he may think proper to disperse any number of runaway slaves, or others who may act against the public peace, and also to Stolen good, &c. how searched for. search all such places where arms, ammunition or stolen goods may be supposed to be concealed, and to apprehend all slaves who may be suspected of having committed crimes, of any nature whatever, and to prosecute them pursuant to this act. And Penalty for constable refusing to obey the magistrate's order. every constable or other person who shall be so required by the justice to aid or assist, and shall refuse to obey without lawful cause, shall be condemned by the said justice in a fine of twenty dollars.

Sec. 35. And be it further enacted, Armed slaves. That it shall and may be lawful to fire upon runaway negroes who may be armed, and upon those who when pursued shall refuse to sur- render; and every slave so killed shall be valued by two inhabitants, in the presence of the justice of the peace, If killed how paid for. and said estimated value of the negro shall be reimbursed to the owner, from the proceeds of the taxes upon the slaves of the county; Provisos. Provided, That said owner shall have complied with all the formalities prescribed as afore- said, in default of which they cannot claim any indemnity, Provided, The appraisement of the slave thus killed does not exceed the sum of three hundred dollars.

Persons wounded when in the execution of this act how rewarded. Sec. 36. And be it further enacted, That if any person shall be wounded, disfigured, or disabled when in pursuit of a runaway negro, or one who may be charged with any crime, or when on any duty or in the execution of the present act, the said person shall receive from the public, such a reward as the legislature of the territory shall think proper; and if the said person should be killed, his heirs, if he is free, or his owner if he is a slave, shall receive the aforesaid reward.

Sec. 37. Runsways how searched for. And be it further enacted, That the inhabitants of the territory shall be permitted to pursue and search for their runaway slaves in whatsoever place they may, in such manner, and by such white persons residing in the county, as they may think proper, to do themselves if they judge fit, even in the fields of other plantations, without being obliged to give a prior notice, until after the search made, except the principal dwelling-house, and other places under lock and key.

Sec. 38. And be it further enacted, Slaves prohibited from trading or holding property. That no slave shall be permitted to buy, sell, negotiate, trade or exchange any kind of goods or effects, and no slave shall be permitted to hold any barge, pirogue, or boat, or manage or bring up for his, the said slave's, own use, any horses, mares, or horned cattle, under the penalty of forfeiting the whole; and any person or persons whatsoever shall have authority to seize and carry away from every such slave, such goods, articles, barges, pirogues, boats, horses, mares, and horned cattle, and deliver them to the justice of peace residing nearest the place where said seizure shall take place, and the said judge shall administer the oath to the said person who shall make the said seizures, concerning the manner in which the said seizure shall have been made; and if the said justice shall think the said seizure shall have been made according to the tenure of this act, he shall pronounce and declare that the effects so seized shall be forfeited and sold at public auction, and that the money arising from the sales shall be appropriated as hereinafter directed, Proviso in case goods, &c. seized have been stolen. Provided, That if any thing so seized shall be proved to have been stolen, or found, or otherwise to have come into the possession of the said negroes, without the knowledge, accord, consent or per- mission of the person who has claim to the property, the said goods shall be restored to the said person upon said person making oath before a justice as aforesaid, who is authorized to administer the said oath in the form following : —

“I, A. B. solemnly swear, that I have a just and lawful right and title to certain effects seized and taken by C. D. in the possession of a slave named E. F. and I sincerely swear and declare, that I will not suffer, directly or indirectly, that the said slave, or any slave whatever, shall use or employ the said goods for the use, benefit, profit or advantage of any slave whatever, or sell, change, or give the said goods, but that the said goods were in the possession of the said slave by theft, being found, or otherwise, and that they are to be kept bona fide for my use, or for the use of E. L. a free person, and not for the use or benefit of any slave whatever. So help me God.”

Which oath shall be exacted according as the case may be; Provisos. Provided also, That every person shall be permitted, who may be a proprietor, or have the management of any slave who resides or actually works in any part of this territory, beyond the limits or boundaries of New Orleans, to give permission to such negro, to sell or exchange in New-Orleans, or elsewhere, in this territory, the goods and effects of the said proprietor, or other person having the care or management of the said slave, Provided, That in the said permission, the quantity and the quality of the goods and articles which may be entrusted to the said slave, are particularly and distinctly specified; And provided, said permission be signed by the proprietor or other person having the charge or management of the said slave.

Sec. 39. And be it further enacted, That in case any person of this territory who may be proprietors, Penalty for not providing for slaves. or may have the man- agement or government of any slave or slaves, shall refuse or neglect providing the said slave or slaves, at their expence, with cloaths, house and sufficient nourishment, it shall be lawful for any person or persons to lodge a complaint in favor of said slave or slaves, to the justice residing nearest to the place where such slave or slaves live, or are usually employed, and the justice shall summon the parties against whom the said complaint shall be made, to appear before him, and shall enquire into, get full information, and confirmation thereof, and if the said justice finds the complaint to be well founded and true, and the said person will not exculpate him or herself or prove their innocence of the charge alleged against them, by their oath, which the said person so informed against, shall be permitted to take in all cases, where good and positive proofs of the offence are not adduced and brought forward. In this case the said justice may give such orders for the relief of such slave or slaves as he shall in his opinion think fit, and shall impose upon the person or persons who shall make default in the above regulations, Fine. a fine in a sum not exceeding twenty dollars for each offence, which fine shall be recovered by an How recovered. order of seizin and sale of the personal property of the offender, restoring the overplus if any, which fine shall be paid to the church warden To whom paid. of the parish wherein the said offence shall have been committed for the benefit of the poor of the said parish, and it shall be the duty of the said justices of the peace to inform themselves from time to time in what manner slaves are treated in their respective districts, and to enforce by every means in their power the strict execution of the present act.

Penalty for people of color not paying due respect to the whites. Sec. 40. And be it further enacted, That free people of colour ought never to insult or strike white people, nor presume to conceive themselves equal to the white; but on the contrary that they ought to yield to them in every occasion, and never speak or answer to them but with respect, under the penalty of imprisonment according to the nature of the offence.

CRIMES AND OFFENCES

Sec. 1. As the natural purport of justice forbids that any person, let their situation in life be what it may, should be condemned without a legal hearing, and as the order of civil government requires, that a just and equitable mode of administering justice should be established, as well as a suitable and proper system of proceedings in such cases; Be it therefore enacted, That all crimes and offences which shall be Capital crimes how tried and punished. committed by any slave or slaves of this territory, and for which crimes capital punishment may or ought to be inflicted according to law, shall be tried, heard, examined, questioned, decided, and finally determined by a tribunal composed of the judge of the county (and in case of his absence) by two justices of the peace, and a number of freeholders to consist of not less than three nor more than five, of the county where the offence has been committed; Proviso. Provided, That none of the said members shall be either the proprietor of, or relation within four degrees of consanguinity, to the owners of any slave or slaves, so prosecuted; and the county judge, or in his absence, the two justices of the peace, on com- plaint or information received, shall deliver over the culprit to the care of the gaoler of the county wherein the said offence was committed, and shall summon by order or warrant, the above mentioned number of freeholders, inhabitants, to assemble and meet together on a certain time and at a certain place, which time shall not exceed three days after the arrest of said slave or slaves; and the judge and freeholders being thus assembled, shall order the slave accused to be brought to the bar, and shall hear the charge alleged against the said culprit, and his defence, and proceed to the examination of witnesses or other evidence, and shall finally determine the case then before them, in the most accurate and expeditious manner, and in case the offender shall be convicted of any crime which the present code deems punishable by death, the said judges shall pronounce sentence to that effect, which sentence shall be put in execution by their order at such a period as they shall direct by and with the concurrence of the said freeholders, and which they believe will prove the most effectual means of deterring other slaves from committing the like crimes.

Sec. 2. And be it further enacted, Crimes not capital how tried and punished. That if any crime or offence not capital, shall be committed by any slave, he shall be prosecuted as in the manner above expressed, but only before a justice of the peace and three freeholders, inhabitants of the county where the crime shall be committed, and the said justice of peace and freeholders, shall be summoned to assemble together, and proceed to the examination of the said slave in the manner before described for capital crimes, and in such cases where the said slave or slaves shall be convicted of crimes not deemed capital in law, the said judge, with the consent of the said freeholders, shall pronounce a sentence on the said slaves, which shall inflict corporeal punishment, which shall not extend to the loss of life or limb, as they, in their discretion shall deem proper.

Sec. 3. And be it further enacted, That a judge and two freeholders shall form a quorum, and the conviction or acquittal of any slave or slaves by such competent num- ber shall be decisive and final in all capital offences; but with respect to actions or suits against a slave or slaves for offences not deemed capital in the law, it shall be deemed sufficient, if, before sentence or judgment Corporeal punishment. is pronounced, to inflict corporeal punishment, which is not to extend to the loss of life or limb, that a judge and one of the freeholders shall agree in opinion, if the said slave is guilty or innocent of the crime alleged against him.

Sec. 4. And be it further enacted, That as soon as the justices and freeholders shall be assembled as above said for the carrying into execution the above law, the said justices shall administer to each other the following oath : —

“I A. B. do solemnly swear in the presence of Almighty God, that I will truly and impartially examine and Justice’s oath. judge the prisoner or prisoners (at the bar) who may be brought before me, in the suit now depending, and that I will on my part honestly and faithfully carry into execution an act, entitled an act for “the rules and conduct to be observed towards negroes and other slaves of this territory,” according to the best of my knowledge and abilities So help me God.”

And the said judge or judges having taken the above oath Oath to be administered to freeholders. shall administer the same to every freeholder who shall be assembled as aforesaid, and shall then proceed to the examination or trial of such slave, or slaves, as shall be brought before them.

Sec. 5. And be it further enacted, That not only the evidence of all free Indians Who may give evidence. under oath, but also that of every slave under oath, shall be received and admitted in evidence for or against, in all trials of slaves, who may be accused of any crime or offence whatsoever, the weight of which evidence being maturely considered and compared with the corresponding circumstances in the cause, shall be left to the consciences of the judge and freeholders.

Sec. 6. And be it further enacted, That the testimony of every slave or Indian under oath, Slaves or Indians to give evidence. shall be in the manner above said admitted and permitted in all causes against free negroes, mulattoes or mulattoes, which said negroes, mulattoes or mulattoes shall have a right to a trial by jury before the ordinary tribunal.

Sec. 7. And be it further enacted, That the different crimes and offences hereafter particularly described, are hereby declared to be capital crimes, Capital crimes. that is to say, that if any slave, free negro, mulatto, Indian or mulatto, shall maliciously burn or destroy any stacks of rice, corn or other grain, or produce, raw or manufactured, of this territory, or shall set fire to, or willingly and maliciously burn or destroy any building or house, or shall wilfully or maliciously poison, or maliciously administer poison to any free man, woman, child, servant or slave or shall commit or attempt to commit a rape upon the body of any white woman or girl, this slave, free negro, mulatto or mulatto, shall suffer death; and if any free man of color, or Indian, as above said, should maliciously steal any slave, he or she shall forfeit the value of said slave and shall be condemned to two years imprisonment at hard labor, and in case he is unable to pay the value of said slave, he shall be condemned to four years imprisonment at hard labor.

Sec. 8. And be it further enacted, That every white, Persons concealing stolen goods, how punished. or free person of color, who shall conceal any goods stolen by slaves, shall be exposed to public shame, at the discretion of the court, and shall be obliged to make good the injury the sufferer may have sustained, and in case of the inability of the said offender to pay or make good the same, he or she shall be condemned to hard labor for a certain time not exceeding one year.

Sec. 9. And be it further enacted, That Slave striking his master, &c. how punished. any slave who shall wilfully strike his master, mistress, or his or her child or children, so as to cause a contusion, or effusion or shedding of blood, shall be punished with death.

Sec. 10. And be it further enacted, That any slave who shall directly or indirectly Rebelling against overseers, how punished. revolt or rebel against any white overseer appointed by his owner to superintend the conduct of his slaves, or against a free overseer, or slave, should he be struck by him, or another by his orders, shall be punished with twenty five lashes, and to work in the fields for two years with a chain around his leg, and should there be any contusion or shedding of blood, then said slave shall be punished with fifty lashes and shall work in the fields for four years with a chain around his leg, and in case of murder, the Accomplices. culprit and accomplices, if any, shall suffer death.

Sec. 11. Slave killing any person to suffer death. And be it further enacted, That any slave who shall kill any person unless by accident, or in the act of defending his master, or other person under whose charge or care he may be, shall be punished Slaves causing insurrections to suffer death. with death; and every slave who shall make, or cause to be made, any insurrection in this territory, and such slave or slaves, and his or their accomplices, aiders and abettors, under conviction as above said, shall suffer death.

Sec. 12. And be it further enacted, That if any Slaves executed, to be appraised. slave shall be executed by order of the judges and freeholders, as above said, excepting such slaves as are taken in actual rebellion, it shall be the duty of the said judges or justices of the peace, or one of them, by and with the advice and consent of two freeholders, before carrying into effect the execution and sentence, to cause to be appraised the said slaves, who shall be thus sentenced to death, at a sum not to exceed five hundred dollars, and shall make known the said appraisement to the treasurer of the territory, How paid for. who by this present act is authorized and directed to pay the said sum, the one half of which at least might go to the proprietor of the said slave, and the And how disposed of. other half, or such proportionable part as the said judges or justices shall determine, to the person who may have suffered from the commission of the crime, for which the said slave is to suffer death.

Sec. 13. And be it further enacted, That the said Judges authorised to summon witnesses against slaves. judges, or any or every of them, are by virtue of the present act, authorized and required to summon and oblige all and every person or persons whatsoever, to appear and bear evidence in all suits and actions against slaves; and if any person or persons Witnesses neglecting or refusing to attend how procededed against. summoned shall neglect or refuse to appear, or appearing shall refuse to give evidence, or if any master, or other person having the charge and government of any slave or slaves, shall hinder such slave or slaves from appearing and delivering testimony, in any suit depending before the judges and freeholders, as aforesaid, the said judges may, and are by this act authorized and required to hold every such person so offending, in a certain sum, with one or more good and sufficient sureties, to appear at the next court to answer for this offence and contempt, and in default of not finding such sureties, the offender shall be committed to prison.

Sec. 14. And be it further enacted, That in case Penalty for concealing a slave guilty of capital crimes. the master, or other person having charge or management of a slave who shall be accused of any capital crime, conceals or causes to absent himself, any such slave, so that he cannot be secured and brought to justice, every such master, owner, or other person so offending, shall be fined in the penal sum of one thousand dollars, if the said slave be accused of a capital crime, as above said, but if the said slave be accused of a crime not capital, then the master, owner, or other person, shall be liable to a fine of two hundred dollars.

Sec. 15. And be it further enacted, That if any slave Penalty for striking a white person. shall strike a white person, the said slave, having had and stood his trial and conviction before the judge and freeholders, as aforesaid, by virtue of this act, for the first and second offence shall receive such punishment as the judges and freeholders aforesaid, or such of them as shall be authorized to judge the said offences, shall, in their discretionary opinion think proper, Provided, Proviso. That such sentence does not extend to the privation of life or limb; but, for the third offence For a third offence how punished. the said slave shall suffer death; and whenever any slave shall have grievously and wilfully Wounding white person how punished. wounded or mutilated any white person, although it prove to be the first offence, such slave shall suffer death, Provided, Proviso. That the blow, wound, mutilation, or bruises, are not made or committed in defence of the person or property of his master, or of the person having charge of him, or in whose care he may then be, in which case the said slave shall be entirely justified.

Sec. 16. And be it further enacted, Penalty for killing or cruelly maioning slaves. That if any person whatsoever shall wilfully kill his slave, or the slave of another person, the said person being convicted thereof, shall be tried and condemned agreeably to the laws of the territory, and in case any person or persons should inflict any cruel punishment, except flogging, or striking with a whip, leather thong, switch, or small stick, or putting in irons, or confining such slave, the said person shall forfeit and pay for every offence a fine not exceeding five hundred and not less than two hundred dollars.

Sec. 17. And be it further enacted, Penalty for beating or ill-treating slaves. That if any slave be mutilated, beaten, or illtreated, contrary to the true intent and meaning of this act, when no one shall be present, in such case, the owner or other person having the charge or management of said slave thus mutilated, shall be deemed responsible and guilty of the said offence, and shall be prosecuted without further evidence, unless the said owner or other person, so as aforesaid, can prove the contrary by means of good and sufficient evidence, or can clear himself by his own oath, which said oath every court under the cognizance of which such offence shall have been examined and tried; is by this act authorized to administer.

Sec. 18. And be it further enacted, That no person Penalty for not keeping a free overseer. occupying or being owner of a plantation, shall be permitted to keep such slaves on his plantation without having a white or free coloured man as manager or overseer, under the penalty of fifty dollars for every month elapsed without complying with the provisions of this section.

Sec. 19. And be it further enacted, That whenever any slave, shall discover or disclose Reward for disclosing plots and rebellions. or any plot, rebellion, raising in arms, or mutinous assemblies, or any other crime tending to subvert or endanger the tranquility of the public safety, shall if the facts be advances be proved to be well founded, obtain his liberty as a reward for his fidelity, and moreover such further recompense as the legislature shall think adequate to the service rendered; and if such conspiracy be disclosed by a free man, he shall receive a reward proportioned to the importance of the discovery, which recompense shall be paid out of the public monies in the treasury of the territory.

Sec. 20. And be it further enacted, Proceedings not to be annulled by any error of forms, &c. That no proceedings had by competent judges in consequence of this act shall be annulled, avoided or in any way impeded by any error of form in the drawing of the same.

Sec. 21. And be it further enacted, That all the fines and confiscations ordered by this act which have not been appropriated, or the recovery Fines and confiscation how enforced. of which has not been regulated, shall be enforced, if they do not exceed twenty five dollars, levied and seized upon by warrant of a justice of the peace of the county where the said offence shall have been committed, and provided the said fine or confiscation exceeds the sum of twenty-five dollars, the said fine shall be recovered before a competent tribunal.

Sec. 22. And be it further enacted, That any regulations respecting slaves, which may contain provisions contrary to this act, be and the same are hereby repealed.

Text prepared by:

• Bruce R. Magee

Source

Brown, James. and Louis Moreau-Lislet. “Chapter XXXIII. Black Code. An Act Prescribing the rules and conduct to be observed with respect to Negroes and other Slaves of this Territory.” Acts Passed at the First Session of the First Legislature of the Territory of Orleans, Begun and Held in the City of New-Orleans, on the 25th Day of January, in the Year of Our Lord One Thousand Eight Hundred and Six, and of the Independence of the United States of America the Thirtieth. New Orleans: Bradford & Anderson, 1807 pp. 150-213. Hathi Trust. https:// babel. hathitrust. org/ cgi/ pt?id=mdp.35112203962842 . 25 November 2023. Accessed 27 July 2025.

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