[1] King, "New Orleans, the Place and the People during the Ancien Regime,"
333.
[2] De las Casas, "Historia, General," IV, 380.
[3] Herrera, "Historia General," dec. IV, libro II; dec. V, libro II; dec.
VII, libro IV.
[4] French, "Historical Collections of Louisiana," Part V, 119 et seq.
[5] Gayarré, "History of Louisiana," 4th Edition, I, 242, 254.
[6] French, "Historical Collections of Louisiana," Part III, p. 42.
[7] Gayarré, "History of Louisiana," I, 102.
[8] Gayarré, "History of Louisiana," I, 242, 454.
[9] Ibid., I, 366.
[10] Ibid., I, 365-366.
[11] In 1900 a writer in Pearson's Magazine in discussing race mixture in
early Louisiana made some startling statements as to the results of the
miscegenation of these stocks during the colonial period.
[12] Code Noir, 1724.
[13] Code Noir.
[14] Lebeau, De la condition des gens de couleur libres sous l'ancien
régime, p. 49.
[15] Ibid., 49.
[16] Ibid., 50.
[17] Ibid., 51.
[18] In the treaty of 1803 between the newly acquired territory of
Louisiana and the government of the United States, they and all mixed
bloods were granted full citizenship.
[19] Most writers of our day adhere to this definition. See Grace King,
"New Orleans, etc.," and Gayarré, "History of Louisiana."
[20] Lebeau, De la condition des gens de couleur libres sous l'ancien
régime, passim.
[21] Ibid., 60.
[22] Laws of Jamaica.
[23] Litigation on the subject of the definition of the free person of
color reached its climax in the year of our Lord, 1909, when Judge Frank D.
Chretien defined the word Negro as differentiated from person of color as
used in Louisiana. The case, as it was argued in court, was briefly this.
It was charged that one Treadway, a white man, was living in illegal
relations with an octoroon, Josephine Lightell. The District Attorney
claimed that any one having a trace of African blood in his veins, however
slight, should be classed as a Negro. Counsel for the defence had taken the
position that Josephine Lightell had so little Negro blood in her veins
that she could not be classed as one. Judge Chretien held in his ruling
that local opinion, custom and sentiment had previously agreed in holding
that the black, and not the white blood settled the ethnological status of
each person and that an octoroon, no less than a quadroon and a mulatto,
had been considered a Negro. But he held that if the Caucasian wished to be
considered the superior race, and that if his blood be considered the
superior element in the infusion, then the Caucasian and not the Negro
blood must determine the status of a person. The case went to the Supreme
Court of Louisiana on an appeal from the decision of Judge Chretien who
held that a mulatto is not a Negro in legal parlance. The Supreme Court in
a decision handed down April 25, 1910, sustained the view of Judge
Chretien. This decision was an interpretation of an act of 1908 which set
forth a definition of the word Negro.--See State vs. Treadway, 126
Louisiana, 300.
[24] Gayarré, "History of Louisiana," I, 444, 448.
[25] Ibid., I, 365, 442, 454.
[26] Ibid., I, 448.
[27] Gayarré, "History of Louisiana," I, 435.
[28] Ibid., 440.
[29] Ibid., I, 444.
[30] Dumont, "Memoires Historiques sur la Louisiane," 225, 226.
[31] Another interesting story is related by Dumont, a historian of
Louisiana, who published a work in 1753. The colony was then under
the administration of Gov. Kerlerec, whose opinion of colonial
courage was not very high. The colony was without an executioner, and
no white man could be found who would be willing to accept the
office. It was decided finally by the council to force it upon a
Negro blacksmith belonging to the Company of the Indies, named
Jeannot, renowned for his nerve and strength. He was summoned and
told that he was to be appointed executioner and made a free man at
the same time. The stalwart fellow started back in anguish and
horror, "What! cut off the heads of people who have never done me any
harm?" He prayed, he wept, but saw at last that there was no escape
from the inflexible will of his masters. "Very well," he said, rising
from his knees, "wait a moment." He ran to his cabin, seized a
hatchet with his left hand, laid his right hand on a block of wood
and cut it off. Returning, without a word he exhibited the bloody
stump to the gentlemen of the council. With one cry, it is said, they
sprang to his relief, and his freedom was given him.--Dumont,
"Memoires Historiques sur la Louisiane," 244, 246.
The story is also told by Grace King of one slave, an excellent cook,
who had once served a French governor. When, in one of her periodic
transitions from one government to another, Louisiana became the
property of Spain, the "Cruel" O'Reilly was made governor of the
colony. He was execrated as were all things sent by Spain or
pertaining to Spanish rule. However, having heard of the fame of the
Negro cook, he sent for him. "You belong now," said he, "to the king
of Spain, and until you are sold, I shall take you into my service."
"Do not dare it;" answered the slave, "you killed my master, and I
would poison you." O'Reilly dismissed him unpunished.--Gayarré,
"History of Louisiana," II, 344.
[32] Gayarré, "History of Louisiana," I, 480.
[33] Ibid., III, 108.
[34] Gayarré, "History of Louisiana," III, 108.
[35] Ibid., III, 126-132.
[36] Gayarré, "History of Louisiana," III, 348.
[37] Gayarré, "History of Louisiana," III, 354.