Teaching

Source Collection: Evolution of Rights in Saint Domingue

Michael Caraballo
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Overview

These six primary sources focus on the rights of free and enslaved Black people in Saint Domingue, eventually Haiti, and how they changed over time. These rights would eventually culminate in the Haitian Revolution and the Declaration of Independence of the Blacks of St. Domingo.

This source collection focuses on themes such as race, slavery, revolutions, and social status by analyzing six key documents that argue what rights are naturally granted and what rights are restricted by the people' government.

Essay

Over a century prior to the Haitian Revolution, the rights of free and enslaved people of Saint Domingue were shifting with the changing population of the sugar colony. Much like the English and Spanish colonies surrounding the island, the French Colony of Saint Domingue would be affected by the laws passed granting rights to certain colonists and restricting rights to those enslaved. By analyzing the selected sources in this collection, students will see how a society that included wealthy and poor white people, wealthy and poor free Black people, and enslaved Black people emerged in the 1790s to become the only nation established through a successful slave revolt. 

As early as 1685, enslaved people of the French colony were written into law with the Code Noir, stating, “All slaves that shall be in our islands shall be baptized and instructed in the Roman, Catholic, and Apostolic Faith.” A major difference in these “Black Codes” when compared to other countries’ colonial slave codes is in article nine, which states, “Free men who shall have one or more children during concubinage with their slaves…” will be required to pay a fine. Late in the same article, a clause is added stating, “We do not expect however for the present article to be applied when the man was not married to another person during his concubinage with this slave, who he should then marry according to the accepted rites of the Church. In this way she shall then be freed, the children becoming free and legitimate. . . .” The law thus allowed for the development of free Black families of wealth, including some who would own plantations and enslaved people. This made Haiti unique among Caribbean colonies and became an important factor during the Haitian Revolution. 

This division between wealthy and poor Black Haitians was addressed in the Grievance List sent to the National Assembly in 1789. This response was largely due to the growing establishment of rights of French people, such as the Declaration of Rights of Man and Citizen drafted by the National Assembly in August 1789. The grievances, written by the elite Black landowners of Saint Domingue, start in article two stating, “The class of Freemen includes not only all the Whites, but also all of the colored Creoles, the Free Blacks, Mulattos, small minorities, and others.” This shows that the free Black population was aware of the class separation and worried that their legal rights were being constrained, while not challenging the legitimacy of slavery. The following grievance further clarifies this position stating, “The freed Creoles, as well as their children and their descendants, should have the same rights, rank, prerogatives, exemptions, and privileges as other colonists.” As the free Black population continued to grow through generations, so too did the community’s expectation regarding their naturally given rights. 

As the Revolution in Saint Domingue nears its beginning, documents such the Viefville des Essars, On the Emancipation of the Negroes shows the promise of freedom for enslaved Black and mixed race people neatly parallels the Grievances List sent to the National Assembly a year prior. Both documents address the inequality people of color face in Saint Domingue, but merely in different social classes. These documents provide an interesting juxtaposition for the Declaration of the Independence of the Blacks of St. Domingo, written roughly a decade later at the end of the Revolution. Students can analyze these documents to see what the connective throughline is at the beginning of the revolution and how it culminates in the Haitian Declaration of Independence.

Exploring these resources, specifically, will help students better understand the institution of slavery and colonization. These are also great resources to explore with students when discussing what “natural” rights are and how governments in the Colonial Period often infringe upon them.
 

Primary Sources

THE CODE NOIR (THE BLACK CODE)

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Annotation
The Code noir initially took shape in Louis XIV’s edict of 1685. Although subsequent decrees modified a few of the code’s provisions, this first document established the main lines for the policing of slavery right up to 1789. The very first article expels all Jews from the colonies; Jews played a significant but hardly dominant role in the Dutch colonies of the Caribbean region but were not allowed to own property or slaves in the French colonies. The edict also insisted that all slaves be instructed as Catholics and not as Protestants. For the most part, the code concentrated on defining the condition of slavery (passing the condition through the mother not the father) and establishing harsh controls over the conduct of those enslaved. Slaves had virtually no rights, though the code did enjoin masters to take care of the sick and old.

Declaration of the Rights of Man and Citizen, 26 August 1789

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Annotation

Once they had agreed on the necessity of drafting a declaration of rights, the deputies of the National Assembly still faced the daunting task of composing one that a majority could accept. The debate raised several questions: should the declaration be short and limited to general principles or should it rather include a long explanation of the significance of each article; should the declaration include a list of duties or only rights; and what precisely were "the natural, inalienable, and sacred rights of man"? After several days of debate and voting, the deputies decided to suspend their deliberations on the declaration, having agreed on seventeen articles. These laid out a new vision of government, in which protection of natural rights replaced the will of the King as the justification for authority. Many of the reforms favored by Enlightenment writers appeared in the declaration: freedom of religion, freedom of the press, no taxation without representation, elimination of excessive punishments, and various safeguards against arbitrary administration.

This source is part of the Analyzing Official Documents methods module. 

Grievance List (September 1789)

Annotation
The Haitian free blacks and creoles, many of them substantial property owners and slaveholders, sent delegates to the National Assembly in France with a list of their stated grievances and demands. This list of grievances—modeled on those sent from the various districts of France in the spring of 1789—demonstrates the power of the idea of rights but also the particular concerns of those living in the colonies; the free blacks wanted freedom and rights for themselves but assume the continuance of slavery.

Viefville des Essars, On the Emancipation of the Negroes (1790)

Annotation
This project to free enslaved people in the French colonies was presented to the National Assembly. The defensive tone and rhetorical structure that emerge in the course of this document demonstrate the power of the interests opposed to even cautious steps toward emancipation.

Declaration of the Independence of the Blacks of St. Domingo

Annotation
This important and revealing document evokes both the contemporary situation in the colonies and the political developments taking place in Paris. It comes from Marcus Rainsford’s supportive account of the Haitian Revolution.

A Divided Elite from An Historical Account of the Black Empire of Hayti

Annotation
In this excerpt, Rainsford describes the divisive effects of the Declaration of Rights of the Blacks among the various racial/social groupings.

Document Based Question

How did the rights for free and enslaved Black people of Saint Domingue change from the 1680s until the 1800s?

What can the documents tell about how free Black people reacted to their rights changing versus enslaved Black people?

What is/are the major catalyst(s) within these documents that articulate the change in Black people's rights within the French colony?

Credits

Michael Caraballo is an Intern for the Roy Rosenzweig Center for History and New Media.

How to Cite This Source

"Source Collection: Evolution of Rights in Saint Domingue," in World History Commons, https://worldhistorycommons.org/source-collection-evolution-rights-saint-domingue [accessed November 2, 2025]

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