Article 22
We declare that slaves have no right to any kind of property but that all that they acquire either by their own industry, or by the ability of others, or by any other means or title whatever shall be the full property of their masters; and the children of said slaves, their fathers, mothers, their kindred or other relation either free or slave shall have no pretensions or claim thereto, either through testamentary nor positions or donations inter vivace; which dispositions and donations we declare null and void, and also whatever promise they may have interred into by persons incapable of disposing of anything and or participating to any contract.
Article 23
Masters shall be responsible for what their slaves have done by their command, and also for what transactions they have permitted their slaves to do in their shops, in the particular line of commerce with whom they were entrusted; and in case said slaves should have acted without order or authorization of their masters, said masters shall be responsible only for so much as has turned to their profit; and if said masters have not profited by the dining or transaction of their slaves, the per curium which the masters have permitted the slave to own, shall be subjected to all claims against said slaves, after deduction made by the masters of what may be due to them; and if said per curium should consist in whole or in part of merchandises in which the slaves had permission to traffic, the masters shall only come in for their share in common with the other creditors.
Article 24
Slaves shall be incapable of all public functions, and of being constituted agents for any other person than their own masters, with powers to manage or conduct any kind of trade; nor can they serve as arbitrators or experts; nor shall they be called to give their testimony either in civil or in criminal cases, except when it shall be a matter of necessity, and only in default of “White” People; but in no case shall they be permitted to serve as witness either for or against their masters..
Article 25
Slaves shall never be parties to civil suits, either as plaintiffs or defendants, nor shall they be allowed to appear as complainants in criminal cases, but their masters shall have the right to act for them in civil matters, and in criminal ones, to demand punishment and reparation for such outrages and excesses as their slaves may have suffered from.
Article 26
Slaves may be prosecuted criminally, without their masters being made parties to the trial, except they should be indicted as accomplices; and said slaves shall be tried, at first, by the judges of ordinary jurisdiction, if there be any, and on appeal, by the Superior Council, with the same rules, formalities, and proceedings observed for free persons, save the exceptions mentioned hereafter.
Articles 27 to 32 were not immediately available
Article 33
Slaves who shall have made themselves liable to the penalty of the whip, the flower de luce brand, and ear cutting, shall be tried in the last resort, by the ordinary judges of the inferior court, and shall undergo the sentenced passed upon them without there being an appeal to the Superior Council, in confirmation or reversal of judgment, notwithstanding the article 26th of the present code, which shall be applicable only to those judgments in which the slave is sentenced to be hamstrung or to suffer death.
Article 34
Freed or born-free negros, who shall have afforded refuge in their houses to fugitive slaves, shall be sentenced to pay to the masters of said slaves, the sum of thirty (30) livres a day for every day during which they shall have concealed said fugitives; and all other free persons, guilty of the same offense, shall pay a fine of ten livres a day as aforesaid; and should the freed or freed-born Negroes not be able to pay the fines herein specified, they shall be reduced to the condition of slaves, and be sold as such. Should the price of the sale exceed the sum mentioned in the judgment, the surplus shall be delivered to the hospital.
Article 35
We permit our subjects in this colony, who may have slaves concealed in any place whatever, to have them sought after by such persons and in such way as they deem proper, so to proceed themselves to such researches as they may think best.
Article 36
The slave who is sentenced to suffer death on the denunciation of his master, shall, when that master is not an accomplice to the crime, be appraised before his execution by two of the principal inhabitants of the locality, who shall be especially appointed by the judge, and the amount of said appraisement shall be paid to the master. To raise this sum, and shall be collected by the persons invested with what authority.
Article 37
We forbid all the officers of the Superior Council, and all our other officers of the justice in the colony to take any fees or receive any prerequisites in criminal suits against slaves, under the penalty, in so doing of, being dealt with as guilty of extortion.
Article 38
We also forbid all of our subjects in this colony, whatever their condition or rank may be, to apply, on their own private authority, the rack to their slaves, under any pretenses whatever, and to mutilate said slaves in any one of their limbs, or in any part of their bodies, under the penalty of confiscation of said slave; and masters, so offending, shall be liable to a criminal it, to put their slaves in irons and to have them whipped with rods or ropes.
Article 39
We command our officers of justices in this colony to institute criminal process against masters and overseers who shall killed or mutilated their slaves, when in their power and under their supervision, and to punish said murder according to the atrocity of the circumstances; and in case the offenses shall be a pardonable one, we permit them to pardon said master and overseer without being necessary to obtain from us letters patent of pardon.
Article 40
Slaves shall be held in law as movables, and as such, they shall be part of the community of acquests between husband and wife; they shall be seized under mortgage whatever; and they shall be equally divided among the co-heirs without admitting from any one of said heirs any claim founded on preciput or right of primogeniture, or dowry.
Articles 41 and 42 are entirely relative to judicial forms and proceedings.
Article 43
Husbands and wives shall not be seized and sold separately when belonging to the same master, and their children, whom under fourteen years of age, shall not be separated from their parents and such seizures and sales shall be null and void. The present article shall apply to voluntary salws, and in such cse sales should take place in violation of the law, the seller shall be deprived of the slave he has illegally retained and said slave shall be adjudged to the purchased without any additional.
Article 44
Slaves fourteen (14) years old, and from this age up to sixty (60), who are settled on lands and plantations, and are at present working on them, shall not be liable to seizure for debt, except for what may be due out of the purchase money agreed to be paid for them unless said grounds or plantations should be distressed, and seized and judicial sale of a real estate, without including the slaves of the aforesaid age who are part of said estate, shall be deemed null and void.
Article 45, 46, 47, 48, and 49 are relative to certain formalities to be observed in judicial proceedings
Article 50
Masters, when twenty-five (25) years old; shall have the power to manumit their slaves, either by testamentary dispositions, or by acts inter vivace, but as there may be mercenary masters disposed to set a price on the liberation of their slaves; and thereas slaves with a view to acquire the necessary means to purchase their freedom, may be tempted to commit theft or deeds of plunder, no mitter to set free his slaves, without the obtaining from the Superior Council a decree of permission to that effect; which permission shall be granted without costs when the motive for the setting free of said slaves as specified in the petition of the master, shall, appear legitimate to the tribunal. All future acts for the emancipation of the slaves freed shall not be entitled to their freedom; they shall be taken away from their former masters, and confiscated for the benefit of the India Company.
Article 51
However, should slaves be appointed by their masters tutors to their children, said slaves shall be held and regarded as being set free to all intent and purposes.
Article 52
We declare that the acts for the enfranchisement of slaves, passed according to the forms above described, shall be equivalent to an act of naturalization, when said slaves are not born in our colony of Louisiana, and they shall enjoy all the rights and privileges inherent to our subjects born in our kingdoms, or any land or colony under our dominion. We declare, however, that all manumitted slaves, and all free-born Negroes are incapable of receiving donations, either by testamentary dispositions or by acts inter vivos from the “Whites”. Said donations shall be null and void, and the objects of said donations shall be applied to the benefits of the nearest hosptal.
Article 53
We commend all manumitted slaves to show the profoundest respect to their former masters, to their widows and children, and any injury or insult offered by said manumitted slaves to their formar masters, their widows or children, shall be punished with more severity than if it had been offered to any other person. We, however declared them exempt from the discharge of all duties or sevices, and from payment of all taxes or fees, or any thing else in relation to their persons, or to their personal or real estate, either during the life or after the death of said slave.
