APPENDIX TO Vol. III. 935 



SECT. 11. 



Edict of the KING, 



Concerning Negroe Slaves in the Colonies j iffued at Paris, in the 

 Month of Oaober, 1 7 1 6 [/] . 



Article I. 

 TpHE ediifl of March, 1685, and the arrets iffued either in execu- 

 -*■ tion or explanation of it, fhall be put in force in our colonies, ac- 

 coi'ding to their tenor and purport ; and confequently the Negroe 

 flaves, that are employed there for the cultivation of the land, fhall 

 continue to be brought up, and intruded in the principles and prac- 

 tice of the Catholic, Apoftolic, and Romifli religion. 



II. If 



[/] Mr. Hargmi'e fays, that, notvvithftanding the former edi£ls, if Negroe flaves were carried 

 from the French American iflands into France, they were entitled to the benefit of the ancient 

 French law, and became free on their airival in that kingdom ; to prevent which confequence 

 this edii^ was made ; wiiich permits the bringing of Negroe flaves into France, under various reitric- 

 tions, all tending to prevent their long continuance there after their arrival, to reftrain their 

 owners from treating them as property whlUt thev continue in the mother country, and to prevent 

 the importation of fugitive Negroes ; and that with a like view a royal declaration was made in 

 December, 1738, containing an expofition ot this edict, and fome additional provilions. But 

 that the antient law of France in favgur of flaves " fiom another country," ftill has efted ; and 

 the fame, 'f if they are brought under circumllanceE, to which the ternis of thefe edids do not 

 extend." The latter remark Icems Isardly worthy of this fenfible writer, fmce no one needs bi; 

 told, that a penal law or ediiii, 01; any other law, liucs not Include pcifons or circumllances,, that 

 are not included 'n\ \t. He tells us further, that £>£/?//«?•< obferves, they are not regillered by the 

 parliament of F-iris, " becaufe they are confidered as contrary to the common law of the king- 

 " dom." But in reference' to this, if they carry the operation of laws in that kingdom, which 

 none, I believe, will deny, it matters not at all, whether the parliament of Paris have regiftered them 

 not; at the fame time it does not appear that the reafou affigncd tor their not having regiftered 

 them is any other, thaji the au'th;jr's own conjedure. 



Mr. Hargave iiiys, that the ancient law of France has eflVvt, " in cafe the terms of thefe edids 

 " are not ilrictly, complied with, <x if the Negro is broaglft from a place to which they do not 

 " extend." Saj.'ui if^^, a NegrtJ-havingbeen brought from, the; ifland of St. Domingo, without 

 obfervingthettrms ol fheediiTt of 1716; and in 1758, a (lave being brought from the Ea ft Indies, 

 to which the editt dollij>gt extend, they were in both thefe cafes declared to be irse : in regard 

 to the firft cafe, Mr. Hargave Icems miftaken in faying, that the Negroe became free Ly the 

 amient law of France ; it is pkin he became fjee undei; tjie c,th ArtUk of the edict, which de^ 

 dares,, that,. ", in ;cafopf ,negle£lin£ to obl^ye thcf formalities, in the articles rec^uired, the flaves 

 " fyiiiUbe free, and npt reclaimable." The fccond, cafe relates to a fiaye not belonging to anji 

 of the French American or Aliatic iflands, and therefore not bound by the tenor of thefe edicts, 

 which extend, only to flaves belonging to thofe iflands. It ivould feem, however, from this, kt»- 

 ter cafe, as well as from the edift itfdf of 1716, t.h,;t tbe.French law of the land ftill operates, 



where 



