The 1685 “Code Noir” issued by France to regulate the lives of millions of enslaved persons in their colonies is indeed a sobering reminder of the atrocities of slavery. Louis Sala-Molins’ characterization of it as “the most monstrous legal document of modern times” is not an exaggeration. As we examine the various articles of the Code, it becomes clear that this document was not intended to protect the slaves, but rather to protect the interests of the slave owners and ensure the perpetuation of the brutal system of slavery.
One of the most egregious measures outlined in the Code is the complete dehumanization of enslaved persons. Article I of the Code states that “we forbid our subjects of the religion called Reformed, or those of any other sect, to hold any slaves.” This language implies that enslaved persons were not even considered human beings, but rather as property that could be bought, sold, and owned by their so-called “masters.” This dehumanization is further reinforced by Article III, which states that “the said slaves shall be and remain forever the property of their masters” and that they are “incapable of becoming free.” This dehumanization and denial of basic human rights laid the foundation for the systemic abuse and exploitation of enslaved persons.
Another egregious measure outlined in the Code is the harsh punishment inflicted on enslaved persons for any acts of disobedience or resistance. Article XLII of the Code states that “if the slave strikes his master, his mistress, or their children, it shall be lawful for their master to cause such slave to be whipped, branded, and his ears to be cut off, and in case of a second offense of the like nature, he shall suffer death.” This brutal punishment for simply defending oneself or resisting the cruelty of their masters demonstrates the complete lack of regard for the humanity and dignity of enslaved persons.
Furthermore, the Code also regulated every aspect of the lives of enslaved persons, including their marriages, relationships, and even their religious practices. Article III of the Code states that “marriages between slaves shall be granted by the masters, with the consent of the parents, and in the presence of a priest.” This provision not only stripped enslaved persons of their autonomy and agency, but also reinforced the power dynamics between slave owners and their slaves. Enslaved persons were not even allowed to practice their own religion freely, as Article XIV states that “we forbid our subjects of the said religion to baptize their slaves.”
In addition to the brutal treatment and complete disregard for the humanity of enslaved persons, the Code also perpetuated the racial hierarchy that was prevalent in European societies at the time. The language used in the Code, referring to enslaved persons as property and regulating every aspect of their lives, reflects the deeply ingrained racism and prejudice towards Black people that was widespread in Europe prior to the Enlightenment and the Age of Revolution. Enslaved persons were seen as inferior beings, unworthy of the same rights and freedoms enjoyed by their white counterparts.
Overall, the 1685 “Code Noir” is a stark reminder of the inhumanity and cruelty of slavery, as well as the deeply entrenched racism and prejudice towards Black people in European societies. The measures outlined in the Code, such as the dehumanization of enslaved persons, harsh punishment for any acts of resistance, and regulation of every aspect of their lives, all serve to uphold the brutal system of slavery and perpetuate the oppression of Black people. It is important to study and reflect on documents like the Code Noir in order to confront the dark chapters of human history and work towards a more just and equitable society.
PRIMARY SOURCE ANALYSIS (minimum 1,000 words – 4 pages)
French political philosopher Louis Sala-Molins called the 1685 “Code Noir”: “the most monstrous legal document of modern times”. It regulated the lives of millions of enslaved persons in the French colonies.
Slavery was abolished in France by the revolutionary government on February 4, 1794. The decree stated: “The Convention declares the slavery of the blacks abolished in all the colonies; consequently all men irrespective of color living in the colonies are French citizens and shall enjoy all the rights provided by the Constitution.” Unfortunately, none of the implementing measures were taken, and slavery was reinstated by a decree of July 16, 1802, while Napoleon Bonaparte was First Consul. It was definitively abolished by a decree of April 27, 1848,
Read through the articles of the Code and evaluate the measures you believe to be the most egregious, particularly given that the document was officially drafted to protect the slaves. What are your impressions of how Europeans saw Black people prior to the Enlightenment and the Age of Revolution?
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