Louisiana Anthology

Governor Francisco Luis Héctor de Carondelet y Bosoist, V. Barón de Carondelet.
Edited by James A. Padgett.
A Decree for Louisiana Issued by The Baron of Carondelet, June 1, 1795.

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A DECREE FOR LOUISIANA
ISSUED BY THE BARON OF CARONDELET, JUNE 1, 1795.

Edited by James A. Padgett

Introduction

Francisco Luis Hector, Baron de Carondelet, de Noyelles, Seigneur D’Haine St. Pierre, was the sixth governor of Louisiana under Spain. He was born in Flanders in 1747; rose to the rank of colonel in the royal army of Spain; and on March 13, 1791, was made governor and intendant of Louisiana and West Florida, being at that time governor of San Salvador, Guatamala. He did not enter upon the duties of his office until December 30, 1791, the day that Governor Miro sailed for Spain. On January 22, 1792, he issued his Bando de buen Gobierno, dividing the City of New Orleans into four wards, each presided over by an alcalde de barrio, or commisary of police, who were directed to procure the names of the persons occupying each house in their respective wards; and all newcomers were to report to these officers either the day of their arrival or the following day. The decree provided that the alcalde was to be the chief fireman for his ward and was to look after the fire engine and other apparatus. The decree also provided for oil lamps for the streets, the expense of which was to be defrayed by a tax of $1.12½ on each chimney. It also prohibited the importation of slaves from Jamaica and the French Islands, for fear that they might have imbibed revolutionary ideas and would cause trouble in Louisiana. He also made treaties with the Indians, recommended leniency towards the debtors of the Natchez district, issued regulations regarding the treatment of slaves, placed New Orleans in a state of defense, and tried to reduce expenditures.

In 1794 he began the construction of a canal in the rear of the city to drain the marshes; opened navigation to the sea from the Bayou St. John in the fall of 1795; and used slave labor furnished by the planters for the construction of this project. It is still called the Carondelet Canal.

In 1793, when news reached Louisiana that Spain had declared war on France, the people hoped that Louisiana would revolt as in 591 1768, but they did not rise against Spain. At the theatres the people demanded that the orchestra play the “Marseillaise”, and some even sang Jacobin songs. Carondelet decreed that no revolutionary music or martial dances would be permitted in the theatres. By extreme vigilance, scouring and punishing, banishing, intercepting letters and documents, by prevaricating, he succeeded better than he expected, and thus managed to keep the people quiet.

In August, 1797, he was appointed President of the Royal Audience of Quito, and was later made Viceroy of Peru. He died in 1807. He was a short-sized, plump gentleman, somewhat choleric in disposition, but not destitute of good motives. He was firm and prudent, possessed much activity and capacity for business, and was well liked in Louisiana.

His greatest activity had to do with the territory west of the Alleghany Mountains in the United States. In the spring of 1794 he began to throw impediments in the way of western trade, so as to aid the agents whom he had sent into Kentucky to work for separation from the United States. His leading agent was Thomas Power, an Englishman who had been naturalized as a Spanish citizen. Power went into Kentucky under the pretense of gathering material for a natural history of that country. He reported that General Wilkinson, Innis, Murray, Sebastian, Nicholas, and others were willing to resume their friendly relations with Spain. Carondelet sent Gayoso de Lemos, Governor of Natchez, up the river to meet the representatives and to erect a stockade opposite the mouth of the Ohio. Power had gone on to meet the Kentuckians. He met Sebastian at Red Banks; but the others did not come. Sebastian then went to New Madrid where Gayoso was waiting. He demanded free navigation of the Mississippi, but the Spanish officials demanded a four per cent duty. They all went to New Orleans, where they met Carondelet in January, 1796, and had almost won free navigation of the Mississippi when news reached New Orleans from Havana that Spain and the United States had concluded a treaty. Sebastian demanded that the treaty be made for fear that the Spanish treaty would not be ratified, but Carondelet refused. Power and Sebastian then went to Philadelphia, perhaps in the furtherance of some scheme.

Carondelet soon sent Power again into Kentucky with a document in the interest of separation. He also sent Power $10,000 in bags of coffee and in barrels of sugar for General Wilkinson, who 592 was at that time commander of the United States Army in the West. At Louisville, Power was to turn the money over to Philip Nolan. Power was to make a strong appeal to Wilkinson and try to procure separation, but the hour of independence had passed; Kentucky had been admitted into the Union in 1792; and the treaty with Spain was sufficient to satisfy her.

The document sent by Carondelet was most appealing. Power was to urge separation, using all his persuasive powers.

1. Spain was to give $100,000 to the leaders for their work for separation; if they were officers in Kentucky and should lose their offices on account of their conduct, Spain agreed to pay them the value of such offices whether they had success or failure.
2. Immediately after independence the new government was to take possession of Fort Massac and Spain would send twenty field pieces, ammunition, small arms, etc., and then she was to send $100,000 to the post for expenses.
3. The new state was to extend on the south to a line drawn due east from the mouth of the Yazoo to the Tombigbee, and all land north of this line was to be in the new state except a small tract of land on the Chickasaw Bluffs which Spain had procured by a treaty with the Indians.
4. Spain agreed to help keep the Indians quiet, and if in the future the new government should desire to extend its boundary or force the Indians to submit to its constitution and laws Spain would help.
5. Spain would not interfere in the independence, constitution, or laws of the new state, but would help her maintain her independence.
6. Spain was to make a treaty with the new state as soon as independence was declared and a new government set up. The documents said that Spain would not carry into execution the treaty made with the United States on October 27, 1795, but after independence Spain would give the new state far greater privileges regarding navigation of the Mississippi than the treaty contained; give them greater benefits than the Atlantic States enjoyed in trade privileges; and give them far greater privileges than if the treaty went into effect. Threats and cajoleries followed the treaty, and if the new state desired greater privileges than the treaty contained they were to submit their desires and he would take up the matter with the King of Spain.

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Text of the Decree
REGULATION – JUNE 1, 1795.

A REGULATION CONCERNING THE GENERAL POLICE: THE KEEPING BRIDGES, ROADS AND BRIDGES AND CAUSEYS IN REPAIR, AND THE GOVERNMENT OF SLAVES.–

FOR THE USE OF THE COMMANDANTS AND SYNDICS OF THE POSTS, AND THE COASTS IN THE PROVINCE OF LOUISIANA. MDCCXCV.

The astonishing success, with which some disaffected, restless enthusiasts, have promulgated injurious reports, tending to introduce distrust, and Jealousy, between Government and the Inhabitants, that would inevitably expose the Province to all the Horrors, that have ruined the French Colonies, has engaged us to form Regulations, calculated to re-establish throughout this Province good order, Police and Public tranquility.

To this end, Government will establish at the distance of every three Leagues a Syndic, chosen from amongst the most notable & respectable Inhabitants of the District, who shall be renewed every year, in the month of January, in case he does not consent to continue in office the following year, and whose functions shall be subordinate to the Commandant of the place, to whom he shall report every week the innovations that may have happened in his District.

Every person who shall personally, or by report, have knowledge of any unlawful proceeding, shall, under the penalty of six Dollars, declare the same to Syndic of his District, and require him to take Cognizance thereof, make known the Culprit, the witnesses, and place; and should he be silent from design, or connivance, he shall be punished according to the rigor of the Laws. All seditious reports, or such as tend to alarm and disturbe the minds of the people, are attempts upon the Public peace, and are also to be made known to the Syndic of the District, where they prevail, under the penalty of one Hundred Dollars; And such Syndic who does not report the same to the Commandant, or to Government, shall incur a similar penalty; — after such information the 594 Syndic is to proceed to the verbal investigation of the Case, accompanied by, two respectable Inhabitants, who are to attend him as assisting witnesses.

On pressing occasions, the Syndic shall have authority to oblige any two persons most convenient to attend them, as witnesses, who, upon refusal, shall be subject to a fine of four dollars, and be considered subversive of good order.

When the investigation of a charge is pressing, and the Syndic is absent, or his residence too distant, every Individual is entitled in this case, to summon his two nearest neighbors to accompany him to the place where the Crime was committed, and upon refusal they shall be punished as above, the offender being convicted, shall be conducted to the Syndic, who shall secure him, and make report to the Commandant, or send the Culprit to him from Plantation to Plantation.

Every Syndic is authorized to visit & examine, the Plantation, Buildings, negroes Cabbins &c. accompanied by two witnesses :– But only when cases require it to prove a Crime, and that the informer obliges himself to find in the place, the evidence of his report, and never otherwise; if the informer should prove mistaken, he will be culpable towards the proprietor of the premises, only, for the false information.

The Syndics shall provisionally, and verbally, take Cognizance of all Crimes, and disorders, committed in their Districts, altho’ the Culprit shall belong to another District, or Commandant.

The Police, and Security of the District, the repairing of Bridges, Roads & Causeys, the general inspection over Pedlars, and Travellers, the Provissions, maintenance, subordination and Police of the Negroe Camps, the security of the Stock &c. all belong to the Jurisdiction of the Syndics, who are therein, to conform strictly to the several articles herein mentioned, concerning each object.

Whenever Government shall think proper to convoke the Syndics to a General Assembly at the Capital, or to a particular Assembly at the seat of the Commandant of the place, they shall always be attended by two Witnesses, approved of, by their District, without which, their voices shall not be deliberative: But the witnesses shall have no part in the deliberations, their business being only to observe their Syndic, and engage him to keep in view the Interest of their District.

595

The Syndics shall not assemble the Inhabitants of their District without a permission from the Commandant, who is not to refuse it, unless he has powerful reasons for so doing, of which, he will give advice to Government.

Every Assembly, or meeting of the Inhabitants, exceeding eight persons, to treat upon Public affairs, is strictly forbidden and the Syndic of the District is requested to make report thereof to Government, under the penalty, of being reputed guilty of the same infraction.

In case a Syndic himself should be guilty of transgressing this regulation, three Individuals, will join to convict, & impeach him before the Commandant, who will inflict upon him the punishment prescribed; and report the same to Government.

Every Syndic, who shall through neglect, or misplaced clemency, so abuse the public confidence reposed in him, as to dissemble a fault; keep it from the knowledge of the Commandant, or enter into inteligence with him for the same; Shall incur the Penalty prescribed for the Delinquent; and Government reserves to itself the care of punishing the said Commandant with still more severity, should he be guilty of the same offence.

The Commandants of the different Posts, and Coasts, will remit to Government, upon the first of December of every year, a list of the Inhabitants, who they shall judge the most proper, and best situated to be Elected Syndics for the following year, having regard that they must indispensably reside within three Leagues of each other; They will therefore make mention of the situation, and distance of their Plantations; and it is to be understood that they are to be appointed equally, on both sides of the River, as also at the place of the Commandants residence, or near it, observing always the prescribed distance of three Leagues.

On the first of January the Syndics newly elected by the Government, will enter upon the exercise of their office, after having received in presence of the Commandant, from the Syndic of the preceding year, this regulation & the other instructions relative to their charge.

The Syndics shall be respected by the Public; whosoever shall dare to insult, or threaten them, shall be fined, in the penalty of Forty dollars, and if any one presume to disobey their orders, they shall pay a fine of One Hundred Dollars, these fines to be 596 applied one half to the use of the Kings Exchecker, and the other half, to the Fund for defraying the Costs of Justice, and Prison, expenses, in the District.

If any person shall, by forceable, or unlawful means, attempt the safety of the persons employed in the execution of the Laws; they shall be punished with the utmost rigour.

General Police

All Travellers, Pedlars, and others passing, shall upon being required, produce their pass; and answer the question put to them by the Syndic of the District, who is to make known his office, & name.

All the Horses of the Travellers, and the Goods carried by the Pedlars, for sale, shall be inserted in their passes, as also the number of their hirelings, who shall always be persons known, and for whose conduct, they shall answer; Those who shall be in possession of more Horses, Cattle or Merchandise &c. than are mentioned in their Papers, shall be stopped by the Syndic, & sent from Plantation, to Plantation, to the Commandant of the place, who shall report the same to Government.

Every Traveller who shall exchange Horses, purchase others, or Cattle, Merchandise &c. shall have the same noted on his pass, by the Syndics, of the District where such alteration may take place.

Every pedlar, who shall discharge any of his Hirelings, or engage others, shall have the same noted on his pass.

Every person found without a pass shall be arrested by the Syndic, interrogated, and sent to the Commandant.

Every Traveller, Pedlar, or other person, who shall publish news of importance, shall be obliged to make it known, first, to the Syndic of the District, who will note the name, and either permit or forbid him to divulge it, according as it may effect the public good, and that of the state; he will report the same to the Commandant, and make the said Traveller, Pedlar &c. answerable for the Consequences, attending the said news being made public.

The use of Pocket Pistols, daggers or great knives, such as are used by malefactors, Sword canes, and other hidden arms, is forbidden by the Laws, under pain of being condemned to Slavery; the Syndics are to arrest all such as they find wearing them. 597

The Syndics are to be acquainted with the marks, and Brands of the live stock belonging to their respective Districts, they are to have all strays taken up, and give an account thereof to the Commandant who will make it known to the Syndics of other Districts, that it may come to the knowledge of the owners.

Any person who shall be convicted of having detained, Stolen, or killed a Domestic Animal, of whatsoever kind, that is not his own, without having acquainted the Syndic of his District of it, shall be condemned to return the animal so detained, or Stolen, & pay a fine of half its value, one third to the Proprietor, one third to the Kings Exchequer and the other to the Fund for defraying costs of Justice, & Prison in the District. If the Animal is killed, or not to be had, the offender shall pay a fine of fourfold its value, to be applied as above.

Any person who shall upon whatsoever pretext, fire upon a Domestic Animal, without a permission from the Syndic, shall be subject to a like penalty, and the Syndic shall not grant such permission, without the participation of the Commandant, and then only, for such animals, as are known to be running wild, and damaging the Crops.

No live stock is permitted to run at large, between the 15th March & the 15th November, and every Inhabitant is at liberty to kill in presence of two witnesses, the Domestic Animals that shall trespass upon the Crops, within the said Term, or to claim damages from the proprietor of the Animal; which damage shall be judged by two persons chosen by the parties, and in case of discord, a third person shall be chosen by the Syndic, the same damage Shall be rated according to the value of that part of the crop that is destroyed, when arrived at its perfection, and the animal shall be returned to his owner; nevertheless should it be the unanimous desire of all the Inhabitants of any particular District, to vary this article the Syndic, with the participation of the Commandant may allow it.

Every person being exclusively entitled to enjoy his own property the Proprietor alone by the Law has a right of Hunting, Fishing and passing on his Lands, and the creeks contained in them, consequently no person can hunt, Fish, or enter within the inclosure of another, without his permission, under penalty of restitution of the Game, and a fine of four dollars, to be applied one half to 598 the costs of Justice & Prison, and the other half to the Royal Exchequer, after being condemned by the Syndic of the place & for every transgression, the fine to be doubled trippled &c.

Every Syndic shall have power with the knowledge of the Commandant, to order patrole in his District, in cases of necessity & no person shall refuse, when ’tis their tour of duty, under a penalty of six Dollars, half to the one who serves in the delinquents stead and the other half to the Royal Exchequer, whoever shall refuse to conduct Prisoners to the Commandant, from Plantation, to Plantation, shall be subject to the same fine, to be applied in like manner.

For the more speedy administration of Justice, the Syndics shall have power to give Judgment, subject to Appeal, in all cases not exceeding Ten Dollars, value, every other shall be carried before the Commandant of the place, who shall give judgment, as far as Fifty dollars, and will send to Government all controversies exceeding that value, the Laws directing that they shall not be determined without the advice of a Counsellor at Law.

In every Post where there is no Prison there shall be one built, sufficient & proportioned to the population of the place, the expence of which shall be paid by the Inhabitants, in proportion to their abilities, for this purpose the Commandants in an Assembly at which they shall preside, of all the Syndics, accompanied by their witnesses shall determine the place by a plurality of Voices, the work shall then be immediately offered to public Contract, advertized nine days, and bid off, in presence of the Syndics who are to receive, and examine it, when finished.

The Prison shall always be situated near the residence of the Commandant, part of the fines levied upon the offenders against this regulation shall be applied to support the charge of keeping the Prison in repair, and the costs of Insolvent Prisoners. The Commandant shall in January, & July, render an account to Government of the fines received & the disbursements made, and at same time, remit what Funds, belong to the Royal Exchequer.

Whereas the false reports that are spread along the Coasts, are causes, of the successful means, effected by the Perturbaters of the Public peace, to make proselytes, it would be very eligible, that the Syndics should subscribe for the Monitors, which would make them acquainted with all authentic intelligence, that they 599 might promulgate to the Inhabitants of their Districts, it would also be commendable when doubts arise in the Public, concerning the utility of any proceeding of Government, that the Syndics should inform the Commandant of the same, who will report it to Government, and the answer would satisfy every mind possessed of uprightness and Zeal for the public good.

Bridges, Roads & Causeys

It is indispensably necessary for the facility of communication, the utility & convenience of the Travellers, & for the preservation of the Fruits of the East, that the Bridges, Roads, & Causeys, be kept in good repair, the Syndics are to have the strictest attention to this article, and use such firmness and impartiality, as will bid defiance to reproach; and whereas experience has taught, that many being fearfull of displeasing, or making Enemies; have neglected this important object, or have done no more than to give notice to Government of the neglect, of certain Inhabitants; therefore every Syndic who shall be convicted of neglecting to execute the severity of the Laws against those who shall not immediately, after the publication of this regulation, put their Bridges, Roads, & Causeys, in good repair shall himself be condemned to have the same done at his own cost; and moreover, be accountable for the accidents, that may result from his neglect.

The Syndics accompanied by the Commandant of the place, & their witnesses, shall in July, strictly examine the Roads, and Causeys, in their Districts, and assign to each Individual, the repairs he is to make, which they & the Commandant, are to note down, — In December, a second visit shall take place in like manner, and if any one found to have neglected, or disobeyed the orders given them, the Syndic shall employ negroes, belonging to the District to do the work, under his own inspection & the delinquent, shall pay the wages & provisions, and also the aforementioned fine of One Hundred Dollars, for disobedience of orders. The Syndics are entitled to call upon the Inhabitants of their Districts, for their negroes, on Sundays, for this work which they shall not refuse, and the negroes are to be punctually paid their wages for the same.

Whenever a Gap is made in, the Causeys, the Syndic shall order the Inhabitants of the District, to send the number of negroes he shall judge necessary, in proportion to their abilities. 600

The negroes employed in stopping a Gap in the Causey, or caving in of the Bank, shall be paid by the proprietors of the Land, at the rate of four rials per day for their work, and one rial p day for their provisions.

All the holes, or ditches, that are between the causeys & the River, shall be filled up during the low water, and replaced by a small sloping Bank. The draining ditches, shall be removed, as far as the Land will admit from the foot of the Causeys which they weaken greatly, and expose to be undermined by craw fish.

All Horses, Mules, Cows, Oxen & Hogs, that shall be found without a conductor upon the causeys, shall be taken up, and delivered to the Syndic, who shall not return them to the owner, until he has paid a fine of half their value: one third for the proprietor of the Causey, one third for the Royal Exchequer, and the other, to the Fund, for defraying costs of Justice, & Prison Fees, the appraisment, shall be made by two persons chosen by the parties and in case of discord, an Umpire chosen by the Syndic.

Police of Slaves

The unhappy effects that attend the present War, should engage the Inhabitants to have the greatest attention to the conduct of their Slaves, and to maintain them in such a state of contentment, and Subordination, as may banish from their minds the notion of acquiring a liberty, that has caused the effusion of so much blood to those of St. Domingo.

To guard therefore against the ill effects that may arise, on the one hand, for the too great indulgences, with which some treat their Slaves, rendering them insubordinate, and dangerously insolent, thereby showing pernicious examples to others, and on the other hand, for the severity, & inhumanity of certain masters, who by their violence & want of reflection are made to trespas against the first of all laws, which is the Law of Nature; — and by this means exposing their slaves, to form desperate designs; The commandants & Syndics are charged to have the Strictest regard to the private Government of Slaves, and to enforce the punctual observance of the following articles; under penalty of personal responsibility to Government & of incuring the reproach of their own consciences as well as those of the Public, Should they by neglect; or misplaced complaisance, expose their Country to the dreadful distresses that have ruined the French Colonies.

601 Every Slave shall punctually receive the Barrel of Indian Corn per month, that is by the custom of the Colony, his allowance, for the insufficiency of which, most masters do voluntarily make up.

The Syndics shall persuade the Inhabitants of their District to assign, Fields to their slaves, for their own cultivation, and to their use, which will not only put them more at their ease, but also increase the mass of the productions of the province, and advantageously employ the time they might otherwise spend in riot, and debauchery.

Every Slave shall be allowed half an hour to rest at Breakfast, and two hours at Dinner time; — They shall begin their work at break of day, and cease at the entrance of night.

Every Sunday is their own day, but when the crops or other Business require it, their masters have a right to make them work on Sundays, paying them four rials pr day, for the days work.

The slaves who have not fields of their own in cultivation, shall receive punctually, one Shirt and Trousers, of Linen, for the Summer, one Blanket Capot, and a pair of woolen Trousers for the Winter.

No person shall punish his Slave with more than Thirty Lashes at one time, under the Penalty of Fifty Pesos, but this punishment may be repeated, as the nature of the crime may require, leaving an interval of one day, between each punishment.

Every runaway Slave that is armed that opposes being taken up, or cannot be otherwise stopped, altho he be not armed, every slave who mutinously dares to put himself in defence against his master, or his overseer, and all such as secretly enter a Plantation, with an intent of Robbing, are liable to be shot at.

Whosoever shall kill a slave in any other case, than is above mentioned, shall be punished according to the rigour of the Law, if the slave is only wounded, the punishment shall be according to the circumstance, and the slave is at liberty to seek a new master, for no person has a right to dispose of the life of Man at his will.

A slave who may be threatened with thirty Lashes, & runs off from his master, cannot be reputed guilty of a crime for it, and often has no other intention, than to gain time to soften his master, or implore the pity of an intercessor;— with what shadow 602 of Justice, could Government permit a passionate Master to kill or wound such unhappy Slave for attempting to escape a severe punishment.

The intrigues, Plotts for running away, and excesses of other kinds committed by slaves generally take rise at their public meetings, and the intermixing of those belonging to different quarters, therefore no Inhabitant shall under the penalty of Ten Pesos, allow upon his Plantation, any Dances, or meetings whatsoever, of slaves belonging to other places, the Dances, and amusements of their own slaves, which shall take place upon Sunday only, shall always cease before night.

No slave shall go beyond the limits of his masters Lands without a pass, under penalty of Twenty Lashes.

To avoid the disputes that might arise between the Inhabitants concerning the punishing of each others slaves; no person shall be permitted to punish a slave that does not belong to him, without the consent of the masters, or a permission from the Syndic, under a penalty of Thirty Pesos.

Every slave taken up without a pass, or for any other cause, shall be sent from Plantation, to Plantation, to the Syndic who shall order the punishment, and send him to his Master, should the Syndic's residence be very distant, the person who has taken up the Slave, shall make report to the Syndic in writing requiring authority to punish him, which having received, he will execute, & return the slave to his master.

Every Slave who shall ride a Horse belonging to his master, or to any other person without their knowledge, Shall be punished two days, with Thirty Lashes each day, leaving an interval of one day, between each punishment.

No slave is permitted to possess a Horse of his own, under penalty of such Horse, or Horses being confiscated to the use of the Royal Exchequer, and the Fund for defraying costs of Justice, & Prison Expences in the District, each one half; any master who shall tolerate his slave in this respect, shall pay a fine of four Pesos pr head, for each Horse.

No slave shall be allowed to have in possession any kind of Fire arms, or amunition; those with whom any such are found, shall be punished three days with thirty Lashes each day, and the 603 arms or amunition confiscated to the use of the Royal Exchequer, and the Fund for defraying the cost of Justice & Prison Expences in the District, each one half.

No Inhabitant shall keep more than two hunters, and they shall oblige themselves to deliver up their arms and amunition upon their return from hunting; should they be found without a pass, or their arms or amunition at their Cabins, the master shall pay a fine of Fifty Pesos.

No Slave shall be permitted to sell any thing without the permission of his master, not even the production of their own Fields, under penalty of Twenty-five Lashes; and every white person who shall be convicted before the Syndic of having bo't any article from a Slave, shall loose the article purchased and pay a fine of Double the value.

Any white person, free negroe, or mulatto, who shall enter the negroe Camps or quarters, without permission of the Proprietor, or sell any thing to slaves at the River side, shall be taken up by the Proprietor of the Plantation, and sent with all his effects, to the Syndic, who will examine his pass, and effects, and condemn him to a fine of Fifteen Pesos, which if he cannot pay, he shall suffer Fifteen days confinement in the Prison of the District; where the Syndic will send him at the disposal of the Commandant.

The Syndics shall seize all the Traffic, fire arms, or amunition they find in possession of the Pedlars, which they shall send to the Commandant, who will confiscate and publickly sell, the same, and apply the proceeds to the use of the Royal Exchequer, and Fund for defraying the Costs of Justice & Prison fees of the District.

The Syndics shall from time to time visit by night, or by Day, the different negro quarters, within their Districts, upon finding any slave belonging to other plantations, without a permission from both the masters, they shall have them punished with thirty Lashes; should White persons, free negroes, or Mulattoes, be found there, they shall be sent from Plantation, to Plantation, to the Commandant; who shall punish them with fifteen days imprisonment.

Whenever any Inhabitant has notice of Run away negroes being at any particular place, he shall acquaint the Syndic, Who, for the purpose of apprehending them, shall have authority to 604 Assemble as many as fifteen Inhabitants, armed, without needing the Commandants permission, but he shall give him an immediate notice thereof.

No Patroles or other Military acts with arms, shall take place without the Syndics permission, under the Penalty of Twenty Dolls.

Every Slave that shall carry a complaint to Government, without having first complained to the Syndic, and Commandant of the Place; shall receive Thirty Lashes, in the Public Square, but the said Syndic & Commandant, are to hear them, & do them, justice.

Every person who shall fire at a Slave shall make report thereof to the Syndic within four hours, under the penalty of Fifty Pesos, one half to the Royal Exchequer and the other half to the Fund for Defraying the Costs of Justice, & Prison expences, of the District, The Syndic shall acquaint the Commandant thereof, with the circumstances attending, within twenty four hours, and he shall report the whole to Government within the same time. The Commandant, or Syndic, who shall fail herein, shall be subject to the same Penalty of Fifty Pesos.

Whereas many Inhabitants are often absent from their Plantations the Syndic himself will have attention and also require some of the nearest neighbours to have a watchfull eye over the negroes, of such Plantation, and accordingly to visit, & examine their quarters, and Cabbins, by day or by night; but unless in such case, no person shall have authority to examine the Plantations, Store Houses, negro Camps, Dwelling Houses, or Cabbins of white people, or of free negroes, Mullattos, or Mustees, without a written order from the Syndic of the District; for all property ought to be sacred, and every House an Asylum, that the Laws can infringe in cases only where the Public Safety, & advantage are concerned.

The Free People of every colore enjoy by Law, the same privileges as the other members of the Nation, to which they are subject, and therefore are not to be molested in their possessions, or persons, nor injured, or abused, under penalty of the punishment prescribed by the Law, which secure the Peace, & prosperity of White Persons. The Syndics & Commandants are to attend to the conduct of the colored People, and see that they have for the 605 White People, the Deference, & Respect due for them, to the society they once served, and that now has admitted them as members. The Syndics shall, by no means, tolerate any want of respect from them to the White People, but shall immediately send them to the Commandant, who will punish them by imprisonment, but they shall never be flogged, or receive any other corporal punishment.

The Syndics shall also have attention that all the free people of Colour within their District, use some Industry, by cultivating Lands, or working at some Trade; all idlers and vagrants shall be sent to the Commandant, and by him to the Capital to be employed on board His Majestys Ships, or the Kings works.

Whenever a Syndic shall have occasion to absent himself from his District or is indisposed, he shall appoint some one of the respectable Inhabitants of the same, to the exercise of his office, and report the same to the Commandant.

All the Fines above specified, are to be equally divided, one half to the use of the Royal Exchecquer, and the other half for establishing a Fund to defray the expences of Costs of Justice and prison repairs & fees in the District.

When a Delinquent is insolvent, he shall be imprisoned, one day for every Dollar he ought to have paid.

New Orleans the 1st. June 1795.

The Baron of Carondelet.

Notes

1. Decree. Copied from the original in the Library of Congress. — Padgett’s Note.
2. King of Spain. Alcée Fortier, Louisiana (Cyclopedic), I, 163-168.  Francois Xavier Martin, in his History of Louisiana, has about the same to say, and Charles Gayarré’s History of Louisiana relates considerable detail on the same events.—Martin, op. cit., II, 111-148; Gayarré, op. cit., III, passim. — Padgett.
3. Regulation. Library of Congress, Louisiana Papers, AC 1333. — Padgett’s Note.

Text prepared by:

• Bruce R. Magee

Source

Carondelet, Francisco Luis Hector, Barón de. “A Decree for Louisiana Issued by the Baron of Carondelet, June 1, 1795.” Edited by James A. Padgett. The Louisiana Historical Quarterly, vol. 20, no. 3, July 1937, pp. 590–605. Louisiana Historical Society Archives, louisiana historical society.org/ archive/ volume-20-number-3/. Accessed May 21, 2026.

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