Louisiana Code Noir (1724)

Louisiana Code Noir (1724)

Topic 2.7

Excerpt from a Translation and Summary of the Black Code of Louisiana (1724)

I. Decrees the expulsion of Jews from the colony.

II. Makes it imperative on masters to impart religious instruction to their slaves.

III. Permits the exercise of the Roman Catholic creed only. Every other mode of worship is prohibited.

IV. Negroes placed under the direction or supervision of any other person than a Catholic, are liable to confiscation.

V. Sundays and holidays are to be strictly observed. All negroes found at work on these days are to be confiscated.

VI. We forbid our white subjects, of both sexes, to marry with the blacks, under the penalty of being fined and subjected to some other arbitrary punishment. We forbid all curates, priests, or missionaries of our secular or regular clergy, and even our chaplains in our navy to sanction such marriages. We also forbid all our white subjects, and even the manumitted or free-born blacks, to live in a state of concubinage with blacks. Should there be any issue from this kind of intercourse, it is our will that the person so offending, and the master of the slave, should pay each a fine of three hundred livres. Should said issue be the result of the concubinage of the master with his slave, said master shall not only pay the fine, but be deprived of the slave and of the children, who shall be adjudged to the hospital of the locality, and said slaves shall be forever incapable of being set free. But should this illicit intercourse have existed between a free black and his slave, when said free black had no legitimate wife, and should said black marry said slave according to the forms prescribed by the church, said slave shall be thereby set free, and the children shall also become free and legitimate; and in such
a case, there shall be no application of the penalties mentioned in the present article.

VII. The ceremonies and forms prescribed by the ordinance of Blois, and by the edict of 1639, for marriages, shall be observed both with regard to free persons and to slaves. But the consent of the father and mother of the slave is not necessary; that of the master shall be the only one required.

VIII. We forbid all curates to proceed to effect marriages between slaves without proof of the consent of their masters; and we also forbid all masters to force their slaves into any marriage against their will.

IX. Children, issued from the marriage of slaves, shall follow the condition of their parents, and shall belong to the master of the wife and not of the husband, if the husband and wife have different masters.

X. If the husband be a slave, and the wife a free woman, it is our will that their children, of whatever sex they may be, shall share the condition of their mother, and be as free as she, notwithstanding the servitude of their father; and if the father be free and the mother a slave, the children shall all be slaves. . . .

Source: Translation and Summary of the Black Code of Louisiana in Benjamin Franklin French, Historical Collections of Louisiana: Embracing Translations of Many Rare and Valuable Documents Relating to the Natural, Civil, and Political History of That State, Part III (New York: D. Appleton, 1851), pp. 89–95. You can read a summary in English of the complete Code Noir on the BlackPast website.