The
Law of 20 May 1802 was a French
law passed on
20 May 1802 (30 floréal year X), revoking the law of 4 February 1794 (16 pluviôse) which had abolished
slavery in all the
French colonies. That law had not taken effect in practice in many of the colonies, with
La Réunion hindering its implementation and
Martinique refusing to ratify it due to a royalist insurrection there, similar to that in the
Vendée - the latter had been in its revolt since 16 September 1793 and, represented by planter Jean Baptiste Dubuc, signed the Whitehall accord of submission to England. On 6 February 1794 the English began their
military conquest of Martinique, completed on 21 March 1794, and thus the island avoided the abolition of slavery.
The Law of 20 May 1802 explicitly concerned the territories that had not been applied the 1794 law and was linked to the 1802
Treaty of Amiens which restored Martinique to France. The 1802 law thus did not apply to
Guadeloupe and
Guyana and so the frequent assertion gradually imposed by these colonies' colonists that it was a universal restoration of slavery in the French colonies is incorrect. It was these colonists and the absence of sanctions by the Republic which led to the effective re-establishment of slavery.
Napoleon's position was more characterised by pragmatism than by any 'ideological' inclination. It also did not apply in
Saint-Domingue and had little effect there except to re-inflame rebellion and accelerate its march towards independence, achieved in 1804 - on 24 July 1802 general
Leclerc (commander of the
Saint-Domingue expedition) wrote to admiral
Denis Decrès inviting him to renounce all attempts to restore slavery to Saint Domingue.
Joséphine de Beauharnais's intervention in favour of re-establishing slavery is probably a myth, since there is no evidence for it, she had little political influence over Napoleon and her pro-slavery bias has not been clearly demonstrated. The maintenance and re-imposition of slavery was far more influenced by Britain and her allies.
Preamble
Political context
France and Europe
Colonies' claims of autonomy
The colonies' economic problems
Development
The law before the Tribunat
The law before the Sénat
Commentary
Text
Results in the colonies
Guadeloupe
Saint Domingue
Guyana
Postamble