At Lacedemon the freed-men were not admitted to the assemblies of the people, and held no office in the government. At Athens the liberty of the freed-man was not entire. The master still continued to have a certain kind of authority over him. He owed some respect, as well as public and private services to his old master, which, if he neglected to render, he forfeited his liberty.

The Romans were equally far from regarding the freed-men as citizens. At first they were obliged to shave their heads, and wear a kind of cap, which was the emblem of liberty. They were bound to repair, twice every day, to their masters' houses, and to assist them in case of poverty. The neglect of these duties was punished by the forfeiture of their liberty, and by condemnation to the mines.

What induced the ancients to withhold from freedmen a part of the political rights, was the danger which their ignorance of the social duties might occasion to the public tranquillity. On breaking their chains, they bound them, as it were, to serve an apprenticeship to the social life, from which, however, their descendants were exempted. Reason and justice required this restriction, but required no more; and their decision was deemed sacred.

The nations who formed the modern colonies, having commerce for their sole object, have proceeded entirely on the principles of calculation. By commercial speculation slavery was introduced into them. To the augmentation of merchandise were uniformly. referred all the regulations which were framed for them.

From an error in principle, no power possessing colonial territories, conceived that unlimited emancipation could be prejudicial to social order. All the laws relative to that subject gave the freed-man im mediate access to the enjoyment of all political rights, The black code, sent by France to her colonies in 1685, a period when they scarce deserved the name of establishment, says, article lix. "we grant to the "freed-men the same rights, privileges and immu"nities, which free-born persons enjoy; and it is our will, that they should deserve the liberty which "has been conferred upon them; and that it should produce in them, as well with respect to their persons as property, the same effects which the bless❝ing of natural liberty causes to our other subjects."

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Causes of these Restrictions.

But experience soon made it appear, that the sudden concession of all the social rights to freed-men, was productive of many more inconveniences in the new colonies than among the other nations who possessed slaves; and that consequently, it was necessary that they should be still more circumspect on that point, than the Greeks and Romans had been. These indeed had nothing to dread but from the irregularities of the freed-men, who were unacquainted with civil liberty.

The European colonies had this same subject of apprehension, besides many others, which were essentially connected with their preservation. They were appreciated by the nations to which they belong

ed, according to the species and quantity of their productions. Situated in the torrid zone, and subject to the influence of those numerous physical causes, which prove so unfavourable to the health, and so fatal to the lives of those who were born in the temperate zones, they found themselves unable to cultivate the soil without having recourse to men inured to the same climate; and the lot fell upon the Africans. The number of these cultivators increased, by reason of the great profits accruing from their labour to the European proprietors, and soon became so considerable, that in almost all the French and English colonies they were found, with respect to the whites, in the proportion of twenty to one. On contemplating, with emotions of fear and alarm, the rapid increase of the Africans, destined by their gratuitous labour, to enrich masters whom they must detest, it was found necessary to devise means to give permanence to a dependence which supplied an inexhaustible source of riches to government and to individuals. The gradual augmentation of troops, which appeared to be the most effectual expedient, was attended with the disadvantage of proportionably augmenting the colonial expenses, and consequently diminishing the mass of profits. Had they determined to employ physical force alone, the military establishment would have exhausted all their resources. Under all these views, the colonial system had more to rely on the advantages arising from an artful and imposing policy, than from the continual presence of an armed force. Accordingly, they attached such consideration to the European complexion, that every white

person was regarded by law and opinion, as being of a superior nature to any directly or indirectly connected with Africa. Excepting the articles of nourishment and clothing, the slave had no other rights than those of common humanity. Obedience became his best, his only safeguard. Placed at so great a distance from the white, even liberty did not enable him to surmount the barrier of prejudice which separated them. By making him independent of a master, it only insured him a more effectual protection from the law, without thereby acquiring the exercise of political rights. By these means, the freed-men formed, between the slave and the master, an intermediate grade, which cannot associate with the white, till by the aid of successive generations, the African blood is supplied by the European. Prejudice frequently goes still farther.

Upon these principles the European colonies are constituted, with this difference only, that each of them has been more or less severe in their application, conformably to the policy and manners of their respective governments.

It is generally believed that the laws are more favourable to people of colour in the Spanish colonies, than in those of other nations. This opinion, founded solely on conjecture, has undoubtedly obtained credit from the spirit of religion which is supposed to preside over all the actions of the Spaniards. Politics and religion afford one another mutual assistance; but whenever a sacrifice is to be made by the one to the other, it is generally made by the latter in favour of the former. Thus in the laws relative to freed-men, go

vernment consulted exclusively the good order, tranquillity and stability of its possessions.

The first regulations made upon this subject prove, that a century had nearly past, before they followed the counsels of prudence with respect to the rank which was to be assigned to the freed-men in society. If they did not before that hold so high a place in the public esteem as the Europeans, it was less on account of their being freed-men or men of colour, than on account of the prejudice almost generally attached to that class of men who are born out of wedlock; for, legitimate children of whatever colour, were allowed to enjoy the same rights as other citizens. Victoria and Zapata, two celebrated lawyers of the seventeenth century, write in defence of this order of things.

Several ordinances about the end of the seventeenth century declare, that free men of colour, have a right to the same honours, and the same employs as other Spanish citizens.

An ordinance of the 28th Sept. 1588, enjoins the admission of all men of colour to the priesthood, provided they have the necessary qualifications; and that, upon the same principle, the colour of women who would wish to become nuns, should not be an obstacle to their admission.

Freed-men can hold no Public Office.

Restrictions follow very closely these unlimited concessions; for, by an ordinance of the 7th June, 1621, it was prohibited to confer upon men of colour any public office, even that of notary, who, according to