Slave codes

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The slave codes were laws relating to slavery and enslaved people, specifically regarding the Atlantic slave trade and chattel slavery in the Americas.

Contents

Most slave codes were concerned with the rights and duties of free people in regards to enslaved people. Slave codes left a great deal unsaid, with much of the actual practice of slavery being a matter of traditions rather than formal law.

The primary colonial powers all had slightly different slave codes. French colonies, after 1685, had the Code Noir specifically for this purpose. [1] The Spanish had some laws regarding slavery in Las Siete Partidas, a far older law that was not designed for the slave societies of the Americas. [2] English colonies largely had their own local slave codes, mostly based on the codes of either the colonies of Barbados or Virginia. [3]

In addition to these national and state- or colony-level slave codes, there were city ordinances and other local restrictions regarding enslaved people.

Typical slave codes

There are many similarities between the various slave codes. The most common elements are:

England's American colonies and the United States

There was no central English slave code; each colony developed its own code. In the United States, after their independence, the individual states ratified new constitutions, but their laws were generally a continuation of the laws those regions maintained prior to that point and their slave codes remaining unchanged.[ citation needed ]

The first comprehensive English slave code was established in Barbados, an island in the Caribbean, in 1661. Many other slave codes of the time are based directly on this model. Modifications of the Barbadian slave codes were put in place in the Colony of Jamaica in 1664, and were then greatly modified in 1684. The Jamaican codes of 1684 were copied by the colony of South Carolina in 1691. [3] The South Carolina slave code served as the model for many other colonies in North America. In 1755, colony of Georgia adopted the South Carolina slave code. [14]

Virginia's slave codes were made in parallel to those in Barbados, with individual laws starting in 1667 and a comprehensive slave code passed in 1705. [15] The slave codes of the other tobacco colonies (Delaware, Maryland, and North Carolina) were modeled on the Virginia code. [16] While not based directly on the codes of Barbados, the Virginia codes were inspired by them. [17] [18] The shipping and trade that took place between the West Indies and the Chesapeake [19] meant that planters were quickly informed of any legal and cultural changes that took place. [20] According to historian Russell Menard, when Maryland put its slave code in place the influence of the Barbadian codes as a "cultural hearth" for the law is noted with members of the Maryland legislature having been former residents of Barbados. [21]

The northern colonies developed their own slave codes at later dates, the strictest being in the colony of New York, which passed a comprehensive slave code in 1702 and expanded that code in 1712 and 1730. [22]

The slave trade was abolished throughout the British Empire by the Slave Trade Act of 1807. In 1833, the Slavery Abolition Act ended slavery throughout the British Empire.[ citation needed ]

In the United States, there was a division between slave states in the South and free states in the North. At the start of the American Civil War, there were 34 states in the United States, 15 of which were slave states, all of which had slave codes. The 19 free states did not have slave codes, although they still had laws regarding slavery and enslaved people, covering such issues as how to handle slaves from slave states, whether they were runaways or with their owners.[ citation needed ]

Slavery was not banned nationwide in the United States until the Thirteenth Amendment was ratified on December 6, 1865. The Act Prohibiting Importation of Slaves on 1 January 1808, made it a felony to import slaves from abroad.

French slave codes

The French colonies in North America were the only portion of the Americas to have an effective slave code applied from the center of the empire. King Louis XIV applied the Code Noir in 1685, and it was adopted by Saint-Domingue in 1687 and the French West Indies in 1687, French Guiana in 1704, Réunion in 1723, and Louisiana in 1724. It was never applied in Canada, which had very few slaves. The Code Noir was developed in part to combat the spread of Protestantism and thus focuses more on religious restrictions than other slave codes. The Code Noir was significantly updated in 1724. [1]

The city of New Orleans in Louisiana developed slave codes under Spain, France, and the United States, due to Louisiana changing hands several times, resulting in a very complex set of slave codes. The needs of the locals were usually held in favor over any outside laws. [23]

France abolished slavery after the French Revolution, first by freeing second-generation slaves in 1794. [24] Although it was reinstated under Napoleon with the law of 20 May 1802.

Spanish slave codes

In practice, the slave codes of the Spanish colonies were local laws, similar to those in other regions. There was an overarching legal code, Las Siete Partidas, which granted many specific rights to the slaves in these regions, but there is little record of it actually being used to benefit the slaves in the Americas. Las Siete Partidas was compiled in the thirteenth century, long before the colonization of the new world, and its treatment of slavery was based on the Roman tradition. Frank Tannenbaum, an influential sociologist who wrote on the treatment of slaves in the Americas, treated the laws in Las Siete Partidas as an accurate reflection of treatment, but later scholarship has moved away from this viewpoint, arguing that the official laws in Las Siete Partidas did not reflect practices in the colonies. [25]

An attempt to unify the Spanish slave codes, the Codigo Negro, was cancelled without ever going into effect because it was unpopular with the slave-owners in the Americas. [26]

The Laws of the Indies were an ongoing body of laws, modified throughout the history of the Spanish colonies, that incorporated many slave laws in the later versions. [27]

Specific slave codes

See also

Notes

  1. 1 2 Ingersoll, Thomas N. (1995). "Slave Codes and Judicial Practice in New Orleans, 1718-1807". Law and History Review. 13 (1): 26–27. doi:10.2307/743955. JSTOR   743955.
  2. Igersoll 1995, pp. 24-25
  3. 1 2 Rugemer, Edward B. (2013). "The Development of Mastery and Race in the Comprehensive Slave Codes of the Greater Caribbean during the Seventeenth Century". The William and Mary Quarterly. 70 (3): 429–458. doi:10.5309/willmaryquar.70.3.0429. JSTOR   10.5309/willmaryquar.70.3.0429.
  4. Harlan., Greene (2004). Slave badges and the slave-hire system in charleston, South Carolina, 1783-1865. Mcfarland. ISBN   978-0786440900. OCLC   226166849.
  5. Ingersoll 1995, pp. 29-30
  6. Hadden, Sally E. (2001). Slave Patrols: Law and Violence in Virginia and the Carolinas . Harvard Historical Studies. Cambridge, MA: Harvard University Press. p. 340. ISBN   9780674012349.
  7. Hadden, Sally E. Slave Patrols: Law and Violence in Virginia and the Carolinas (Full text digital library access with registration). archive.org. Retrieved June 2, 2020.
  8. Berlin, Ira (1991). The slaves' economy : independent production by slaves in the Americas. Morgan, Phillip D. London: Cass. p. 7. ISBN   978-0714634364. OCLC   255388170.
  9. Harlan., Greene (2004). Slave badges and the slave hire system in Charleston, South Carolina, 1783-1865. Hutchins, Harry S., 1945-, Hutchins, Brian E. Jefferson, N.C. ISBN   978-0786417292. OCLC   53459029.
  10. Morris, Thomas D. (1999). Southern Slavery and the Law, 1619-1860. University of North Carolina Press. pp. 161–171. ISBN   978-0807864302.
  11. Morris 1999, pp 171-172
  12. Lawrence M. Friedman (2005). A History of American Law: Third Edition. Simon and Schuster. p.163 ISBN   0743282582
  13. "A History to Remember by Rose Sanders - Education Rights / In Motion Magazine". www.inmotionmagazine.com. Retrieved 2018-12-17.
  14. name=https://www.georgiaarchives.org/assets/documents/Slave_Laws_of_Georgia_1755-1860.pdf
  15. Greene, Jack P.; Morgan, Edmund S. (1976). "American Slavery, American Freedom: The Ordeal of Colonial Virginia". Political Science Quarterly. 91 (4): 742. doi:10.2307/2148833. ISSN   0032-3195. JSTOR   2148833.
  16. Christian, pp. 27-28
  17. Misrepresenting Miser esenting Misery: Slaves, Ser es, Servants, and Motiv ants, and Motives in Early es in Early Virginia, "This period of migration saw thousands of people move from Barbados to Virginia. Both Virginia’s role in the slave trade and its knowledge of plantation management grew as a result."
  18. The "final passage" of the Triangular Trade
  19. Atlantic Virginia: Intercolonial Relations in the Seventeenth Century
  20. Sweet Negotiations: Sugar, Slavery, and Plantation Agriculture in Early Barbados, Chapter 6 The Expansion of Barbados, p. 112
  21. Olson, Edwin (1944). "The Slave Code in Colonial New York". The Journal of Negro History. 29 (2): 147–149. doi:10.2307/2715308. JSTOR   2715308.
  22. Ingersoll 1995, pp. 23-24
  23. ..., Gaspar, David Barry. Geggus, David Patrick, 1949- (1997). A turbulent time : the French Revolution and the Greater Caribbean. Indiana University Press. pp.  60. ISBN   978-0253332479. OCLC   468033260.CS1 maint: numeric names: authors list (link)
  24. Díaz, María Elena (2004). "Beyond Tannenbaum". Law and History Review. 22 (2): 371–376. doi:10.2307/4141650. JSTOR   4141650.
  25. 1941-2018, Berlin, Ira (1998). Many thousands gone : the first two centuries of slavery in North America . Rogers D. Spotswood Collection. Cambridge, Massachusetts. pp.  221. ISBN   978-0674810921. OCLC   38966102.CS1 maint: numeric names: authors list (link)
  26. Igersoll 1995, pp. 53-54

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References

Further reading