The Code Noir

Related Titles in The Bedford Series in History and Culture

Advisory Editors

  • Lynn Hunt - University of California, Los Angeles

  • David W. Blight - Yale University

  • Bonnie G. Smith - Rutgers University

  • Natalie Zemon Davis - Princeton University

  • Ernest R. May - Harvard University

Titles in the Series

  • Christopher Columbus and the Enterprise of the Indies: A Brief History with Documents

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    • Focus: Documents and history regarding Columbus's voyages and their impact.

  • Victors and Vanquished: Spanish and Nahua Views of the Conquest of Mexico

    • Edited by Stuart B. Schwartz, Yale University

    • Focus: Different perspectives on the conquest of Mexico.

  • The Interesting Narrative of the Life of Olaudah Equiano, Written by Himself, with Related Documents, Second Edition

    • Edited by Robert J. Allison, Suffolk University

    • Focus: Personal narrative of Equiano's life and his views on slavery.

  • The French Revolution and Human Rights: A Brief Documentary History

    • Edited, Translated, and with an Introduction by Lynn Hunt, University of California, Los Angeles

    • Focus: Documentation on human rights during the French Revolution.

  • Slave Revolution in the Caribbean, 1789-1804: A Brief History with Documents

    • Authors: Laurent Dubois and John D. Garrigus

    • Focus: Exploration of the slave revolts in the Caribbean.

  • William Lloyd Garrison and the Fight against Slavery: Selections from The Liberator

    • Edited by William E. Cain, Wellesley College

    • Focus: Garrison's writings and perspectives on abolition.

  • The Confessions of Nat Turner and Related Documents

    • Edited by Kenneth S. Greenberg, Suffolk University

    • Focus: The life and confessions of Nat Turner, a leader in slave rebellion.

  • Defending Slavery: Proslavery Thought in the Old South: A Brief History with Documents

    • Author: Paul Finkelman, Albany Law School

    • Focus: Proslavery arguments and thoughts in the Southern United States.

  • Narrative of the Life of Frederick Douglass, An American Slave, Written by Himself with Related Documents, Second Edition

    • Edited by David W. Blight, Yale University

    • Focus: Douglass's personal account and his views on slavery and freedom.

  • Dred Scott v. Sandford: A Brief History with Documents

    • Author: Paul Finkelman, Albany Law School

    • Focus: Significant Supreme Court case regarding slavery and citizenship.

  • Abraham Lincoln, Slavery, and the Civil War: Selected Writings and Speeches

    • Edited by Michael P. Johnson, Johns Hopkins University

    • Focus: Selected key writings and speeches by Abraham Lincoln on slavery.

  • Slavery, Freedom, and the Law in the Atlantic World: A Brief History with Documents

    • Authors: Sue Peabody and Keila Grinberg

    • Focus: Interaction between slavery laws and freedom in the Atlantic world.

The French Atlantic and the Haitian Revolution

The Code Noir (1685)

  • Definition: The Code Noir (Black Code) was the first comprehensive slave code created specifically for the Americas, serving as a template for future slave legislation across various colonial regimes (Dutch and Spanish).

  • Historical Context: Enacted under King Louis XIV, showcasing a trend toward increased bureaucratization in French colonies that had been building since the 1630s.

  • Collaborative Effort: Designed with insights from colonial officials and Catholic missionaries, later modified by royal officials in Versailles.

Key Provisions of the Code Noir

  1. Religious Practice:

    • Only the Catholic religion was permitted in French colonies.

    • Expelled all Jews and mandated the baptism of slaves.

    • Prohibited Protestants from practicing or teaching their faith to slaves.

    • Sunday was designated as a day of rest, disallowing work and slave markets on that day.

  2. Marital Relations:

    • Fines for free men who fathered children with slave women without being married.

    • Allowed masters to marry their slaves, which would lead to manumission of the mother and legitimacy for the offspring, provided certain conditions were met.

10-11. Marriage Regulations:

  • Required parental consent for free people and only master's consent for slaves to marry.

  • Prohibited forced marriages for slaves.

  1. Children of Slaves:

    • Children from marriages between slaves remained slaves and belonged to the mother’s master.

  2. Condition Rights:

    • Children from a free mother would be free regardless of the father's status and vice versa.

14-18. Legal Restrictions:

  • Established guidelines for burial practices, weapon possession, gatherings, and commerce by slaves to control their activities and limit opportunities for independence.

  1. Sales Restrictions:

    • Prohibition on slaves from selling any goods without master's permission (even items such as fruits and vegetables).

20-21. Monitoring Compliance:

  • Instated police procedures to ensure compliance, empowering any free colonist to confiscate items or arrest slaves for violations.

22-25. Minimum Standards for Treatment:

  • Mandatory provisions for the feeding and clothing of slaves; prohibition of rum as a substitute for food; restrictions on slaves cultivating their own food.

26-27. Infirmity Support:

  • Slaves unable to work due to age or sickness must be cared for by their masters, with penalties for neglect.

  1. Ownership Restrictions:

    • Slaves could not own property; any goods acquired belonged to their masters.

  2. Responsibility of Masters:

    • Masters held liable for actions of their slaves within the scope of their duties; slaves had limited ability to engage in commerce independently.

30-31. Legal Standing:

  • Slaves had no legal standing to act in court except as agents for their masters; exemption only possible if the master was an accomplice.

  1. Criminal Prosecution:

    • Slaves could face criminal charges without implicating their masters unless the master was involved.

33-37. Punishments:

  • Stipulated severe punishments for crimes, including the death penalty for grave offenses; lighter offenses to be punished with beatings or branding.

  1. Fugitive Slave Penalties:

    • Stipulated cruel punishments for fugitive slaves, including amputation and branding, culminating in a death sentence for recidivism.

  2. Harboring Runaways:

    • Imposed fines on free individuals harboring runaway slaves, discouraging support for escapes.

Administrative Provisions

  • Articles 40-41: Procedures for reviewing death sentences given to slaves, ensuring no incentives for corruption among judges.

  • Articles 42-43: Defined limits on allowed violence from masters, prohibiting gruesome punishments.

  • Articles 44-54: Designated rules on the status of slaves as property, including inheritance rights and protections against being sold off separately from family.

  • Article 55: Allowed masters over twenty years to manumit slaves without needing justification or parental consent.

  • Articles 56-59: Clarified rules regarding manumission and rights of former slaves, emphasizing the need for respect and integration in society following liberation.

A Tavern Keeper Sues for Her Freedom in Martinique (Binture v. La Pallu) 1705-1714

  • Case Overview:

    • Involvement of Babet Binture, a slave woman claiming freedom on the basis of her alleged status as free from birth.

    • A complex struggle for legal recognition and freedom, intertwining local officials with the royal authority in France.

    • Historical records indicate no baptismal confirmations available to substantiate her claims, leading to complications in the legal proceedings.

Key Documents on Binture's Case

  • Governor Machault's Letter (August 30, 1704):

    • Claims of free Negroes harboring runaway slaves and facilitating theft.

    • Recommendations for punitive measures against free Negroes found harboring runaways and for further restrictions on manumission.

    • Advocated for strict oversight on freeing slaves to maintain order.

  • Acting Intendant Mithon's Judgment (April 8, 1705):

    • Acknowledgment of Binture's petition and the admission of witnesses; conclusion rendered due to lack of substantial evidence for freedom claims.

    • Binture was declared a slave with penalties for initiating the unsubstantiated legal proceedings against her mistress, Madame La Pallu.