The Atlantic Monthly, Volume 11, No. 65, March, 1863. Various

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СКАЧАТЬ but without instinct to improve, filled the colony. A colonist would hardly suspect the fiery Africa whose sun ripened the ancestors of his slaves, unless he caught them by accident in the midst of their voluptuous Calenda, or watched behind some tree the midnight orgy of magic and Fetichism. A slave-climate gnawed at the bold edges of their characters and wore them down, as the weather rusted out more rapidly than anywhere else all the iron tools and implements of the colony. The gentler traits of the African character, mirth and jollity, affectionateness, domestic love, regard and even reverence for considerate masters, were the least impaired; for these, with a powerful religiosity, are indigenous, like the baobab and palm, and give a great accent to the name of Africa. What other safeguard had a planter with his wife and children, who lived with thirty slaves or more, up to six hundred, upon solitary plantations that were seldom visited by the maréchaussée, or rural police? The root of such a domination was less in the white man's superiority than in the docile ability of those who ought to have been his natural enemies. "Totidem esse hostes quot servos" said Seneca; but he was thinking of the Scythian and Germanic tribes. A North-American Indian, or a Carib, though less pagan than a native African, could never become so subdued. Marooning occurred every day, and cases of poisoning, perpetrated generally by Ardra negroes, who were addicted to serpent-worship, were not infrequent; but they poisoned a rival or an enemy of their own race as often as a white man. The "Affiches Américaines," which was published weekly at Port-au-Prince, had always a column or two describing fugitive negroes; but local disturbances or insurrectionary attempts were very rare: a half-dozen cannot be counted since the Jolofs of Diego Columbus frightened Spaniards from the colony. If this be so in an island whose slaves were continually reinforced by native Africans, bringing Paganism to be confirmed by a corrupt Catholicism, where every influence was wanton and debased, and the plantation-cruelties, as we shall shortly see, outheroded everything that slave-holding annals can reveal, how much less likely is it that we shall find the slave insurrectionary in the United States, whence the slave-trade has been excluded for nearly two generations, and where the African, modified by climate, and by religious exercises of his own which are in harmony with his native disposition and enjoin him not to be of a stout mind, waits prayerfully till liberty shall be proclaimed! If the slaveholder ever lived in dread, it was not so much from what he expected as from what he knew that he deserved. But the African is more merciful than the conscience of a slaveholder. Blessed are these meek ones: they shall yet inherit earth in America!

      France was always more humane than her colonies, for every rising sun did not rekindle there the dreadful paradox that sugar and sweetness were incompatible, and she could not taste the stinging lash as the crystals melted on her tongue.15 An ocean rolled between. She always endeavored to protect the slave by legislation; but the Custom of Paris, when it was gentle, was doubly distasteful to the men who knew how impracticable it was. Louis XIII. would not admit that a single slave lived in his dominions, till the priests convinced him that it was possible through the slave-trade to baptize the Ethiopian again. Louis XIV. issued the famous Code Noir in 1685, when the colonists had already begun to shoot a slave for a saucy gesture, and to hire buccaneers to hunt marooning negroes at ten dollars per head. 16

      The Code Noir was the basis of all the colonial legislation which affected the condition of the slave, and it is important to notice its principal articles. We have only room to present them reduced to their essential substance.

      Negroes must be instructed in the Catholic religion, and bozals must be baptized within eight days after landing. All overseers must be Catholic. Sundays and fête days are days of rest for the negro; no sale of negroes or any other commodity can take place on those days.

      Free men who have children by slaves, and masters who permit the connection, are liable to a fine of two thousand pounds of sugar. If the guilty person be a master, his slave and her children are confiscated for the benefit of the hospital, and cannot be freed.

      If a free man is not married to any white person during concubinage with his slave, and shall marry said slave, she and her children shall become enfranchised.

      No consent of father and mother is essential for marriage between slaves, but no master can constrain slaves to marry against their will.

      If a slave has a free black or colored woman for his wife, the male and female children shall follow the condition of the mother; and if a slave-woman has a free husband, the children shall follow his condition.

      The weekly ration for a slave of ten years old and upwards consists of five Paris pints of manioc meal, or three cassava loaves, each weighing two and a half pounds, with two pounds of salt beef, or three of fish, or other things in proportion, but never any tafia17 in the place of a ration; and no master can avoid giving a slave his ration by offering him a day for his own labor. Weaned children to the age of ten are entitled to half the above ration. Each slave must also have two suits of clothes yearly, or cloth in proportion.

      Slaves who are not properly nourished and clothed by their masters can lodge a complaint against them. If it be well-founded, the masters can be prosecuted without cost to the slave.

      Slaves who are old, infirm, diseased, whether incurable or not, must be supported. If they are abandoned by masters, they are to be sent to the hospital, and the masters must pay six sols daily for their support.

      A slave's testimony can be received as a statement to serve the courts in procuring light elsewhere; but no judge can draw presumption, conjecture, or proof therefrom.

      The slave who strikes his master or mistress, or their children, so as to draw blood, or in the face, may be punished even with death; and all excesses or offences committed by slaves against free persons shall be severely punished, even with death, if the case shall warrant.

      Any free or enfranchised person who shall shelter a fugitive shall be fined three hundred pounds of sugar for each day.

      A slave who is condemned to death shall be valued before execution, and the estimated price paid to the master, provided the latter has not made a pretended complaint.

      Masters may chain and whip their slaves, but not mutilate, torture, or kill them.

      If a master or overseer shall kill a slave, he shall be prosecuted; but if he can convince the court of cause, he may be discharged without pardon from the King.

      Masters who are twenty years old can free their slaves at will or by testamentary act, without being held to give a reason for it; and if a slave is named by testament a general legatee, or an executor, or guardian of children, he shall be considered enfranchised.

      An enfranchised slave shall be regarded as free as any person born in France, without letters of naturalization; he can enjoy the advantages of natives everywhere, even if he was born in a foreign country.

      An enfranchised slave must pay singular respect to his ancient master, his widow, and children; an injury done to them will be punished more severely than if done to others. But he is free, and quit of all service, charge, and tenure that may be pretended by his former master, either respecting his person or property and succession.

      An enfranchised slave shall enjoy the same rights, privileges, and immunities as if he had been born free. The King desires that he may merit his acquired liberty, and that it may confer upon him, as well in his person as estate, the same effects which the blessing of natural liberty confers upon French subjects.

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