Keywords
Crime & Punishment
The concept of “crime and punishment” within Black studies, particularly in the context of Black Louisiana, is explored through historical documents and legal records which reveal a harsh and often violent system of justice that disproportionately targeted enslaved and free Black individuals. They also highlight the systemic nature of racial oppression embedded in laws like the Code Noir.
The Code Noir, or “Black Code,” was a set of laws governing the conduct, treatment, and punishment of enslaved people in French colonies, including Louisiana. Enacted in 1724, it outlined the legal framework for slavery and provided guidelines for the punishment of enslaved individuals. As described by Donald Everett, “ The purpose of the original Code Noir was to control the increasing number of slaves in the colony. Harsh restrictions were imposed on this servile group to prevent insurrections…” This legal code was instrumental in maintaining the brutal system of slavery and ensuring the control of enslaved populations through severe penalties.
Examining specific cases provides a clearer picture of how these laws were applied. For instance, a murderous assault on Picard, who was a cook, by Chaume, a white Creole soldier, and the theft accusations against “the negro Andre” show the racial disparities in handling criminal cases. Another document reports the condemnation of “un negre” for the murder of his wife, showing the severe consequences faced by Black individuals.
Documents that surround the case of Titus, an enslaved man repeatedly running away from the Pellerin plantation, illustrate the severity of punishments under the law. Titus ran away multiple times and was pursued with the brutal forceof the Code Noir.
Punishment often included severe physical mutilations, as seen in the case of Guela, who was found guilty of repeated marronage, which was the act of running away from an enslaver. His punishment included the severing of both ears and branding with the fleur de lys, another stark example of the brutal acts allowed under the Code Noir.
The overarching theme in these documents is the relentless and often brutal enforcement of laws designed to control and punish enslaved and free Black individuals. The legal system in Louisiana, governed by the Code Noir, was a tool of oppression that ensured the subjugation of Black people through severe and often inhumane punishment.
