The Code Noir: As a French Colony, Limited the Rights of Blacks and Slaves in Haiti

The Code Noir also known as the Black Codes governed the government of Saint Dominique in the late seventeenth Century and continued through the eighteenth Century. ¹ The Code Noir was issued by King Louis XIV in the year 1685. ¹ The Code Noir primarily dealt with all the Africans who were enslaved on Saint Dominique during the sugar trade. The number of slaves in Haiti was amongst the highest number of slaves exported to the Western world only behind Brazil. With the slave population outnumbering the colonists, the Code Noir made perfect sense to show the colonists' domination over the slaves. The Code Noir included the laws that were to be followed by the slaves and exerted the power of their slave masters. ¹ The Code Noir also gave the slaves a feeling of some self-worth and self respect. These two reasons are the main reasons why the Code Noir was created.

One of the main previsions in the Code Noir had to deal with the religious issues that slaves would have under French rule. Since the colonists were from France, they followed Christian religions such as Catholic, Roman and Apostolic.¹ The slaves were from Africa and followed native tribal religions or no religion at all. On account of this, some of the main provisions in the Noir Code had to deal with religion. Provision II states, "All slaves in our Islands will be baptized and instructed in the Catholic, Apostolic and Roman religion..." ¹ Provision III. states, "We forbid any public exercise of any religion other than the Catholic, Apostolic and Roman; we wish that the offenders be punished as rebels and disobedient to our orders." ¹ This part of the Code Noir helps to substantiate the point that the French wanted the slaves to assimilate into the French culture and the French way of doing things. If the slaves felt part of the French empire, they would work harder and the concept of revolt would be limited.

Another key provision talked about throughout the document had to do with the relationships between slaves, their masters and free men. Provision IX talks about this relationship, "Free men who will have one or several children from concubinage with their slaves, as well as the masters who permitted this, will each be condemned to a fine of two thousand pounds of sugar." ² This was written due to the fact that relationships between slaves and their masters along with free men; do not help the French goal of working in the sugar plantation. That is the main reason why the Code Noir was written. The Code Noir goes on to say, "And if they are the masters of the slave by whom they have had such children, we wish that beyond the fine they be deprived of the slave and the children, and that she and they be confiscated for the profit of the [royal] hospital, without even being manumitted." ² This was a crucial point because it prevented slave owners from increasing their own work force by impregnating their female slaves. A slave master would always love to have more slaves and this was an easy way for them to acquire even more slaves who would be loyal to them.

Similarly, the relationship between slaves and other slaves was also talked about in the Code Noir. Provision XI talks about marriage between slaves, "We forbid priests to officiate at the marriages of slaves unless they can show the consent of their masters. We also forbid masters to make their slaves marry against their will." ² With the slave masters and the church still holding power of the slaves their rights were limited it. They had to have their master's approval to do everything and thusly the slaves had to be subservient. The Code Noir goes on to talk about the kids of two slaves. In provision XII, these terms are laid out, "The children born of marriages between slaves will be slaves and will belong to the master of the female slaves, and not to those of their husbands, if the husband and the wife have different masters." ² If your parents were slaves you had no chance of breaking the mold and becoming free. This kept the rule strictly under French control. As the slaves were doing grueling work, they were dying at a rapid pace and these new births helped to restock the labor field so France continued to earn exorbitant amounts of money from sugarcane.

The next set of provisions showed the extreme fear that the French colonists had of the massive number of slaves forced to inhabit Saint Dominique. Provision XV states, "We forbid slaves to carry any weapon, or large sticks, on pain of whipping and confiscation of the weapon, with the sole exception of those who are sent hunting by their master and who carry their note or known mark." ³ Since the slaves highly outnumbered the colonists, slaves with weapons would be completely hazardous to the health of the colonists. Provision XVI also talks about another important issue to the slave owners. "In the same way we forbid slaves belonging to different masters to gather in the day or night, whether for a wedding or otherwise, whether on their master's property or elsewhere, and still less in the main roads or faraway places, on pain of corporal punishment." ³ This was to prevent the slaves from congregating and trying to overthrow their slave masters. This was a crucial provision for the slave masters to have as they were already heavily outnumbered by slaves.

Another crucial Provision in hampering the slaves' freedom was Provision XXXIII, "The slave who will have struck his master or the wife of his master, his mistress, or their children and drawn blood, or in the face, will be punished with death..." ⁴ This was the death penalty for a slave. Striking a slave master would be instant death and completely solidified the position of the slave master.

One final provision to hamper the slaves' progress was Provision XVIII. That Provision states, "We forbid slaves to sell sugarcane for whatever reason or occasion, even with the permission of their master, on pain of whipping for the slaves and...3 This prevented the slaves for gaining any monetary benefit from all of their hard work. Without money, the slaves had no power. The main difference between free men and slaves was money. Without money, the slaves had to remain slaves for the rest of their lives.

On the other hand, there were many provisions that were favorable for the slaves. Provision XXV states that, "Each year masters will have to furnish each slave with two outfits of canvas or four yards of canvas, at the master's discretion." ⁴ This meant that at least the slaves would have two new outfits a year, which was better to what they would have on their own. A key positive for the slaves found in the Noir Code was Provision XXVI. This Provision states that, "Slaves who are not fed, clothed, and supported by their master as we command in these articles will notify the royal attorney and give him their statements. Based on this, even if the information comes from elsewhere, the master will be prosecuted at no cost to the plaintiff, which we desire because of masters' crimes and barbarous and inhumane treatment of their slaves..." ⁴ This showed that the masters' behavior would be checked and balanced. This led to an increased sense of self-worth because the slaves knew if conditions were really bad they could seek a result to their bad treatment. This boosted morale of the slaves and gave them a sense of pride.

The Code Noir served two purposes; the first purpose was to give the slave owners rules to rule over the slaves and secondly to boost the morale of the slaves by providing a few provisions that would be appealing to them. This was an example of the dichotomy that was found between the French and the slaves. The slaves had no control at all but to combat that the French made it seem like the slaves had the most basic of rights.

Although the Code Noir was not always obeyed and followed; it was a crucial aspect to the history of Saint Dominique. They continued to be followed until the Haitian Revolution which ended in 1804. That means that the Code Noir was followed for almost 120 years. Furthermore, the Haitian Revolution was the first nation to lead a successful slave revolution. Although all of these positive things happened to what is now known as Haiti, it is now the poorest country in the Western Hemisphere.

Works Cited

¹ The French Caribbean in the Eighteenth Century: The Code Noir. 50.

² The French Caribbean in the Eighteenth Century: The Code Noir. 51.

³ The French Caribbean in the Eighteenth Century: The Code Noir. 52.

⁴ The French Caribbean in the Eighteenth Century: The Code Noir. 53.