Some Missing Pages: The Black Community in the History of Quebec and Canada
Unit 1: Exploring and Opening The New World
 

DECREE

By the King's Council, declaring that Negroes who flee from enemy colonies into the French colonies become the property of His Majesty

Excerpt from the registry of the King's Council

The King having been informed that three Negroes and one Negress, slaves from the English island of Antigua, recently fled to the island of Guadaloupe, and that there were some difficulties regarding ownership of profits from the sale of the said Negroes; the Judge of the Admiralty declared that the said profit was to be given to the treasury of the Western Domain. Following this judgement, sent to the Superior Council of the Island of Guadaloupe by the Governor of the Domain, and at his request, the Superior Council issued a decree last January 7 declaring that profit from such slaves belonged to His Majesty and that Negro slaves from enemy states who arrive in the French colonies belong to His Majesty alone. This is the practice followed in war and in the case of enemy vessels and their cargoes that capsize on the shores of His Majesty's dominion. Only His Majesty has the right to declare war, and this power cannot be transferred to any one else. His Majesty has seen fit to explain his intentions regarding the enforcement of the decree issued by the Superior Council of Guadaloupe and regarding the subject in general, in order to prevent further such difficulties from arising in the said colonies. His Majesty has been informed about the King's Council decree of March 10, 1692, issued on the occasion of the wreckage of enemy vessels off the coast of Calais, in which it was declared that all vessels and cargoes of enemies of the State that are shipwrecked on the coasts of the kingdom belong to the King alone and consequently all remains of the cargoes of the said vessels should be confiscated in His Majesty's name and proceeds of their sale shall go to whomsoever His Majesty shall designate. Having heard and considered all the above, as well as particular orders issued at various times to the Governors and Intendants of the colonies, the King in his council declares that Negro slaves who flee from colonies belonging to enemies of the State into French colonies, and the possessions they bring with them, belong to His Majesty alone, as with enemy vessels and their cargoes shipwrecked on the coasts of his Dominion, and no one else may lay claim to them. Consequently, and duly confirming the Decree issued by the Superior Council of Guadaloupe last January 7, the King orders that all money gained from the sale of the four said Negro slaves who fled from Antigua to the Island of Guadaloupe shall be handed over to the Clerk of the Windward Isles for the General Treasury of the Navy, to be used towards the cost of the fortifications of the Windward Isles, according to the orders to be issued by His Majesty. His Majesty orders and commands the Sieur Marquis de Beauharnois, his Governor and Lieutenant General, and the Sieur Hocquart, Intendant of New France, to rightfully uphold and enforce the present Decree, which shall be registered with the Superior Council of Quebec. This decree was written at the King's Council, in the presence of His Majesty, at the Camp of Bost, the twenty-third of July, Seventeen Hundred and Forty-five.

(signed) PHELIPPEAUX

Registered and heard in the presence of the King's General Prosecutor, according to this day's decree, by us, the undersigned, Chief Bailiff of the said Council; at Quebec, the nineteenth of July, Seventeen Hundred and Forty-eight.

(signed) BOISSEAU

 

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