e 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
regime, 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 Gayarre, "History of Louisiana."
[20] Lebeau, De la condition des gens de couleur libres sous l'ancien
regime, 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] Gayarre, "History of Louisiana," I, 444, 448.
[25] Ibid., I, 365, 442, 454.
[26] Ibid., I, 448.
[27] Gayarre, "History of Louisiana
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