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"There are no Slaves in France": A Re-Examination of Slave Laws in Eighteenth Century France

Samuel L. Chatman [*] The French held tightly to the maxim that "There are no slaves in France." This maxim is a potent element of the French national ideology and serves to foster a romanticized view of racial egalitarianism in French society. Indeed, the maxim predates France's involvement in the Atlantic slave trade. The maxim was thriving at least two hundred years before the phrase "Liberte, egalite, fratenite" was shouted in the 1789 French Revolution. This paper sets out to show how, in law, the "Freedom Principle" for African peoples was eroded in eighteenth century France during a period when France was developing a radical new political discourse based on concepts of freedom, equality, and citizenship. The study also suggests that because of the nature in which the ordinances were undermined by the Parlement of Paris and the French Admiralty courts; this served to propagate the misconception that "There were no slaves in France." To be sure, there was never any question about the existence of slavery in the French colon ies of the West Indies. Therefore, a secondary intent of this paper is to examine some of the thinking which aided in the creation of these laws regarding slavery. The exact number of Africans, free or enslaved, in eighteenth century France is not known, but the highest rough estimates suggest that there were between 4,000 to 5,000 entering and leaving the country throughout the century. The black population appeared to have never comprised more than .025 percent of the French population. Although percentage of the black population may seem negligible, their mere presence has loomed large. The black presence was an issue for eighteenth century French administrators and is a concern in our present understanding of the origins of modern concepts of freedom and race in the African Diaspora. The presence of black slaves in France provoked an ideological discourse that has had repercussions to the present day; therefore, it is important to examine the statutory evolution of slavery in France. [1] Since the primary thesis of this paper is concerned with dispelling the misconception that there were no slaves in France, it is essential to begin with an examination of the origins of this belief. This understanding stemmed from an ordinance issued by Louis X on 3 July 1315. The ordinance stated: "We, considering that our Kingdom is called and named the Kingdom of Francs, and wishing that the thing be in truth according with its name ... Have ordained and do ordain that generally, throughout our kingdom, as much as it can be shared by us and our successors, such servitude will be restored to freedom, ... at good suitable conditions." [2] Supposedly, this ordinance suggested that any slave who touched foot on French soil would automatically become free, but this is a misinterpretation of the decree. To be sure, the royal statute does link freeing or affranchisement of French subjects with the name of France, but its references to affranchisement were meant to be applicable only to certain types of serfdom. Thus, the origins, spirit, and intent of the ordinance had nothing to do with African slaves or chattel slavery. Indeed, historian Sue Peabody has argued that "no matter how suggestive the linguistic similarity between France and affranchisement, the fact remains that the practice of freeing slaves upon arrival in France had no basis in Louis X's 1315 ordinance." [3] Yet, even though the linguistic relationship between France and freedom was tenuous at best in the royal statute of 1315, it became the freedom principle for manumitting African slaves in France. In 1571, and again in 1691, African slaves were set free upon entering France. In 1571, a Norman slave merchant arrived with a shipload of slaves in Bordeaux. The slave merchant preceded to sell some of his slaves, but he was prevented from doing so by the local authorities. The Parlement of Guyene intervened and freed all the slaves. …