Читать книгу The History of Black People in America from 1619 to 1880 - George Washington Williams - Страница 17

Table of Contents

1619–1775.

Introduction of the First Slaves.—"The Treasurer" and the Dutch Man-of-War.—The Correct Date.—The Number of Slaves.—Were there Twenty, or Fourteen?—Litigation about the Possession of the Slaves.—Character of the Slaves imported, and the Character of the Colonists.—Race Prejudices.—Legal Establishment of Slavery. Who are Slaves for Life.—Duties on Imported Slaves.—Political and Military Prohibitions against Negroes.—Personal Rights.—Criminal Laws against Slaves. Emancipation.—How brought about.—Free Negroes.—Their Rights.—Moral and Religious Training.—Population.—Slavery firmly established.

Virginia was the mother of slavery as well as "the mother of Presidents." Unfortunate for her, unfortunate for the other colonies, and thrice unfortunate for the poor Colored people, who from 1619 to 1863 yielded their liberty, their toil—unrequited—their bodies and intellects to an institution that ground them to powder. No event in the history of North America has carried with it to its last analysis such terrible forces. It touched the brightest features of social life, and they faded under the contact of its poisonous breath. It affected legislation, local and national; it made and destroyed statesmen; it prostrated and bullied honest public sentiment; it strangled the voice of the press, and awed the pulpit into silent acquiescence; it organized the judiciary of States, and wrote decisions for judges; it gave States their political being, and afterwards dragged them by the fore-hair through the stormy sea of civil war; laid the parricidal fingers of Treason against the fair throat of Liberty—and through all time to come no event will be more sincerely deplored than the introduction of slavery into the colony of Virginia during the last days of the month of August in the year 1619!

The majority of writers on American history, as well as most histories on Virginia, from Beverley to Howison, have made a mistake in fixing the date of the introduction of the first slaves. Mr. Beverley, whose history of Virginia was printed in London in 1772, is responsible for the error, in that nearly all subsequent writers—excepting the laborious and scholarly Bancroft and the erudite Campbell—have repeated his mistake. Mr. Beverley, speaking of the burgesses having "met the Governor and Council at James Town in May 1620," adds in a subsequent paragraph, "In August following a Dutch Man of War landed twenty Negroes for sale; which were the first of that kind that were carried into the country."120 By "August following," we infer that Beverley would have his readers understand that this was in 1620. But Burk, Smith, Campbell, and Neill gave 1619 as the date.121 But we are persuaded to believe that the first slaves were landed at a still earlier date. In Capt. John Smith's history, printed in London in 1629, is a mere incidental reference to the introduction of slaves into Virginia. He mentions, under date of June 25, that the "governor and councell caused Burgesses to be chosen in all places,"122 which is one month later than the occurrence of this event as fixed by Beverley. Smith speaks of a vessel named "George" as having been "sent to Newfoundland" for fish, and, having started in May, returned after a voyage of "seven weeks." In the next sentence he says, "About the last of August came in a dutch man of warre that sold us twenty Negars."123 Might not he have meant "about the end of last August" came the Dutch man-of-war, etc.? All historians, except two, agree that these slaves were landed in August, but disagree as to the year. Capt. Argall, of whom so much complaint was made by the Virginia Company to Lord Delaware,124 fitted out the ship "Treasurer" at the expense of the Earl of Warwick, who sent him "an olde commission of hostility from the Duke of Savoy against the Spanyards," for a "filibustering" cruise to the West Indies.125 And, "after several acts of hostility committed, and some purchase gotten, she returns to Virginia at the end of ten months or thereabouts."126 It was in the early autumn of 1618,127 that Capt. Edward (a son of William) Brewster was sent into banishment by Capt. Argall; and this, we think, was one of the last, if not the last official act of that arbitrary governor. It was certainly before this that the ship "Treasurer," manned "with the ablest men in the colony," sailed for "the Spanish dominions in the Western hemisphere." Under date of June 15, 1618, John Rolfe, speaking of the death of the Indian Powhatan, which took place in April, says, "Some private differences happened betwixt Capt. Bruster and Capt. Argall," etc.128 Capt. John Smith's information, as secured from Master Rolfe, would lead to the conclusion that the difficulty which took place between Capt. Edward Brewster and Capt. Argall occurred in the spring instead of the autumn, as Neill says. If it be true that "The Treasurer" sailed in the early spring of 1618, Rolfe's statement as to the time of the strife between Brewster and Argall would harmonize with the facts in reference to the length of time the vessel was absent as recorded in Burk's history. But if Neill is correct as to the time of the quarrel—for we maintain that it was about this time that Argall left the colony—then his statement would tally with Burk's account of the time the vessel was on the cruise. If, therefore, she sailed in October, 1618, being absent ten months, she was due at Jamestown in August, 1619.

But, nevertheless, we are strangely moved to believe that 1618 was the memorable year of the landing of the first slaves in Virginia. And we have one strong and reliable authority on our side. Stith, in his history of Virginia, fixes the date in 1618.129 On the same page there is an account of the trial and sentence of Capt. Brewster. The ship "Treasurer" had evidently left England in the winter of 1618. When she reached the Virginia colony, she was furnished with a new crew and abundant supplies for her cruise. Neill says she returned with booty and "a certain number of negroes." Campbell agrees that it was some time before the landing of the Dutch man-of-war that "The Treasurer" returned to Virginia. He says, "She returned to Virginia after some ten months with her booty, which consisted of captured negroes, who were not left in Virginia, because Capt. Argall had gone back to England, but were put on the Earl of Warwick's plantation in the Somer Islands."130

During the last two and one-half centuries the readers of the history of Virginia have been mislead as to these two vessels, the Dutch man-of-war and "The Treasurer." The Dutch man-of-war did land the first slaves; but the ship "Treasurer" was the first to bring them to this country, in 1618.

When in 1619 the Dutch man-of-war brought the first slaves to Virginia, Capt. Miles Kendall was deputy-governor. The man-of-war claimed to sail under commission of the Prince of Orange. Capt. Kendall gave orders that the vessel should not land in any of his harbors: but the vessel was without provisions; and the Negroes, fourteen in number, were tendered for supplies. Capt. Kendall accepted the slaves, and, in return, furnished the man-of-war with the coveted provisions. In the mean while Capt. Butler came and assumed charge of the affairs of the Virginia Company, and dispossessed Kendall of his slaves, alleging that they were the property of the Earl of Warwick. He insisted that they were taken from the ship "Treasurer,"131 "with which the said Holland man-of-war had consorted." Chagrined, and wronged by Gov. Butler, Capt. Kendall hastened back to England to lay his case before the London Company, and to seek equity. The Earl of Warwick appeared in court, and claimed the Negroes as his property, as having belonged to his ship, "The Treasurer." Every thing that would embarrass Kendall was introduced by the earl. At length, as a final resort, charges were formally preferred against him, and the matter referred to Butler for decision. Capt. Kendall did not fail to appreciate the gravity of his case, when charges were preferred against him in London, and the trial ordered before the man of whom he asked restitution! The case remained in statu quo until July, 1622, when the court made a disposition of the case. Nine of the slaves were to be delivered to Capt. Kendall, "and the rest to be consigned to the company's use." This decision was reached by the court after the Earl of Warwick had submitted the case to the discretion and judicial impartiality of the judges. The court gave instructions to Capt. Bernard, who was then the governor, to see that its order was enforced. But while the order of the court was in transitu, Bernard died. The earl, learning of the event, immediately wrote a letter, representing that the slaves should not be delivered to Kendall; and an advantage being taken—purely technical—of the omission of the name of the captain of the Holland man-of-war, Capt. Kendall never secured his nine slaves.

It should be noted, that while Rolfe, in Capt. Smith's history, fixes the number of slaves in the Dutch vessel at twenty—as also does Beverley—it is rather strange that the Council of Virginia, in 1623, should state that the commanding officer of the Dutch man-of-war told Capt. Kendall that "he had fourteen Negroes on board!"132 Moreover, it is charged that the slaves taken by "The Treasurer" were divided up among the sailors; and that they, having been cheated out of their dues, asked judicial interference.133 Now, these slaves from "The Treasurer" "were placed on the Earl of Warwick's lands in Bermudas, and there kept and detained to his Lordship's use." There are several things apparent; viz., that there is a mistake between the statement of the Virginia Council in their declaration of May 7, 1623, about the number of slaves landed by the man-of-war, and the statements of Beverley and Smith. And if Stith is to be relied upon as to the slaves of "The Treasurer" having been taken to the "Earl of Warwick's lands in Bermudas, and there kept," his lordship's claim to the slaves Capt. Kendall got from the Dutch man-of-war was not founded in truth or equity!

Whether the number was fourteen or twenty, it is a fact, beyond historical doubt, that the Colony of Virginia purchased the first Negroes, and thus opened up the nefarious traffic in human flesh. It is due to the Virginia Colony to say, that these slaves were forced upon them; that they were taken in exchange for food given to relieve the hunger of famishing sailors; that white servitude134 was common, and many whites were convicts135 from England; and the extraordinary demand for laborers may have deadened the moral sensibilities of the colonists as to the enormity of the great crime to which they were parties. Women were sold for wives,136 and sometimes were kidnapped137 in England and sent into the colony. There was nothing in the moral atmosphere of the colony inimical to the spirit of bondage that was manifest so early in the history of this people. England had always held her sceptre over slaves of some character: villeins in the feudal era, stolen Africans under Elizabeth and under the house of the Tudors; Caucasian children—whose German blood could be traced beyond the battle of Hastings—in her mines, factories, and mills; and vanquished Brahmans in her Eastern possessions. How, then, could we expect less of these "knights" and "adventurers" who "degraded the human race by an exclusive respect for the privileged classes"?138

The institution of slavery once founded, it is rather remarkable that its growth was so slow. According to the census of Feb. 16, 1624, there were but twenty-two in the entire colony.139 There were eleven at Flourdieu Hundred, three in James City, one on James Island, one on the plantation opposite James City, four at Warisquoyak, and two at Elizabeth City. In 1648 the population of Virginia was about fifteen thousand, with a slave population of three hundred.140 The cause of the slow increase of slaves was not due to any colonial prohibition. The men who were engaged in tearing unoffending Africans from their native home were some time learning that this colony was at this time a ready market for their helpless victims. Whatever feeling or scruple, if such ever existed, the colonists had in reference to the subject of dealing in the slave-trade, was destroyed at conception by the golden hopes of large gains. The latitude, the products of the soil, the demand for labor, the custom of the indenture of white servants, were abundant reasons why the Negro should be doomed to bondage for life.

The subjects of slavery were the poor unfortunates that the strong push to the outer edge of organized African society, where, through neglect or abuse, they are consigned to the mercy of avarice and malice. We have already stated that the weaker tribes of Africa are pushed into the alluvial flats of that continent; where they have perished in large numbers, or have become the prey of the more powerful tribes, who consort with slave-hunters. Disease, tribal wars in Africa, and the merciless greed of slave-hunters, peopled the colony of Virginia with a class that was expected to till the soil. African criminals, by an immemorial usage, were sold into slavery as the highest penalty, save death; and often this was preferred to bondage. Many such criminals found their way into the colony. To be bondmen among neighboring tribes at home was dreaded beyond expression; but to wear chains in a foreign land, to submit to the dehumanizing treatment of cruel taskmasters, was an ordeal that fanned into life the last dying ember of manhood and resentment.

The character of the slaves imported, and the pitiable condition of the white servants, produced rather an anomalous result. "Male servants, and slaves of both sex" were bound together by the fellowship of toil. But the distinction "made between them in their clothes and food"141 drew a line, not between their social condition—for it was the same—but between their nationality. First, then, was social estrangement, next legal difference, and last of all political disagreement and strife. In order to oppress the weak, and justify the unchristian distinction between God's creatures, the persons who would bolster themselves into respectability must have the aid of law. Luther could march fearlessly to the Diet of Worms if every tile on the houses were a devil; but Macbeth was conquered by the remembrance of the wrong he had done the virtuous Duncan and the unoffending Banquo, long before he was slain by Macduff. A guilty conscience always needs a multitude of subterfuges to guard against dreaded contingencies. So when the society in the Virginia Colony had made up its mind that the Negroes in their midst were mere heathen,142 they stood ready to punish any member who had the temerity to cross the line drawn between the races. It was not a mitigating circumstance that the white servants of the colony who came into natural contact with the Negroes were "disorderly persons," or convicts sent to Virginia by an order of the king of England. It was fixed by public sentiment and law that there should be no relation between the races. The first prohibition was made "September 17th, 1630." Hugh Davis, a white servant, was publicly flogged "before an assembly of Negroes and others," for defiling himself with a Negro. It was also required that he should confess as much on the following sabbath.143

In the winter of 1639, on the 6th of January, during the incumbency of Sir Francis Wyatt, the General Assembly passed the first prohibition against Negroes. "All persons," doubtless including fraternizing Indians, "except Negroes," were required to secure arms and ammunition, or be subject to a fine, to be imposed by "the Governor and Council."144 The records are too scanty, and it is impossible to judge, at this remote day, what was the real cause of this law. We have already called attention to the fact that the slaves were but a mere fraction of the summa summarum of the population. It could not be that the brave Virginians were afraid of an insurrection! Was it another reminder that the "Negroes were heathen," and, therefore, not entitled to the privileges of Christian freemen? It was not the act of that government, which in its conscious rectitude "can put ten thousand to flight," but was rather the inexcusable feebleness of a diseased conscience, that staggers off for refuge "when no man pursueth."

Mr. Bancroft thinks that the "special tax upon female slaves"145 was intended to discourage the traffic. It does not so seem to us. It seems that the Virginia Assembly was endeavoring to establish friendly relations with the Dutch and other nations in order to secure "trade." Tobacco was the chief commodity of the colonists. They intended by the act146 of March, 1659, to guarantee the most perfect liberty "to trade with" them. They required, however, that foreigners should "give bond and pay the impost of tenn shillings per hogshead laid upon all tobacco exported to any fforreigne dominions." The same act recites, that whenever any slaves were sold for tobacco, the amount of imposts would only be "two shillings per hogshead," which was only the nominal sum paid by the colonists themselves. This act was passed several years before the one became a law that is cited by Mr. Bancroft. It seems that much trouble had been experienced in determining who were taxable in the colony. It is very clear that the LIV. Act of March, 1662, which Mr. Bancroft thinks was intended to discourage the importation of slaves by taxing female slaves, seeks only to determine who shall be taxable. It is a general law, declaring "that all male persons, of what age soever imported into this country shall be brought into lysts and be liable to the payment of all taxes, and all negroes, male and female being imported shall be accompted tythable, and all Indian servants male or female however procured being adjudged sixteen years of age shall be likewise tythable from which none shall be exempted."147 Beverley says that "the male servants, and slaves of both sexes," were employed together. It seems that white women were so scarce as to be greatly respected. But female Negroes and Indians were taxable; although Indian children, unlike those of Negroes, were not held as slaves.148 Under the LIV. Act there is but one class exempted from tax—white females, and, we might add, persons under sixteen years of age.149 So what Mr. Bancroft mistakes as repressive legislation against the slave-trade is only an exemption of white women, and intended to encourage their coming into the colony.

The legal distinction between slaves and servants was, "slaves for life, and servants for a time."150 Slavery existed from 1619 until 1662, without any sanction in law. On the 14th of December, 1662, the foundations of the slave institution were laid in the old law maxim, "Partus sequitur ventrum,"—that the issue of slave mothers should follow their condition.151 Two things were accomplished by this act; viz., slavery received the direct sanction of statutory law, and it was also made hereditary. On the 6th of March, 1655—seven years before the time mentioned above—an act was passed declaring that all Indian children brought into the colony by friendly Indians should not be treated as slaves,152 but be instructed in the trades.153 By implication, then, slavery existed legally at this time; but the act of 1662 was the first direct law on the subject. In 1670 a question arose as to whether Indians taken in war were to be servants for a term of years, or for life. The act passed on the subject is rather remarkable for the language in which it is couched; showing, as it does, that it was made to relieve the Indian, and fix the term of the Negro's bondage beyond a reasonable doubt. "It is resolved and enacted that all servants not being Christians imported into this colony by shipping shall be slaves for their lives; but what shall come by land shall serve, if boyes or girles, until thirty yeares of age, if men or women twelve yeares and no longer."154 This remarkable act was dictated by fear and policy. No doubt the Indian was as thoroughly despised as the Negro; but the Indian was on his native soil, and, therefore, was a more dangerous155 subject. Instructed by the past, and fearful of the future, the sagacious colonists declared by this act, that those who "shall come by land" should not be assigned to servitude for life. While this act was passed to define the legal status of the Indian, at the same time, and with equal force, it determines the fate of the Negro who is so unfortunate as to find his way into the colony. "All servants not being Christians imported into this colony by shipping shall be slaves for their lives." Thus, in 1670, Virginia, not abhorring the institution, solemnly declared that "all servants not christians"—heathen Negroes—coming into her "colony by shipping"—there was no other way for them to come!—should "be slaves for their lives!"

In 1682 the colony was in a flourishing condition. Opulence generally makes men tyrannical, and great success in business makes them unmerciful. Although Indians, in special acts, had not been classed as slaves, but only accounted "servants for a term of years," the growing wealth and increasing number of the colonists seemed to justify them in throwing off the mask. The act of the 3d of October, 1670, defining who should be slaves, was repealed at the November session of the General Assembly of 1682. Indians were now made slaves,156 and placed upon the same legal footing with the Negroes. The sacred rite of baptism157 did not alter the condition of children—Indian or Negro—when born in slavery. And slavery, as a cruel and inhuman institution, flourished and magnified with each returning year.

Encouraged by friendly legislation, the Dutch plied the slave-trade with a zeal equalled only by the enormous gains they reaped from the planters. It was not enough that faith had been broken with friendly Indians, and their children doomed by statute to the hell of perpetual slavery; it was not sufficient that the Indian and Negro were compelled to serve, unrequited, for their lifetime. On the 4th of October, 1705, "an act declaring the Negro, Mulatto, and Indian slaves, within this dominion, to be real estate,"158 was passed without a dissenting voice. Before this time they had been denominated by the courts as chattels: now they were to pass in law as real estate. There were, however, several provisos to this act. Merchants coming into the colony with slaves, not sold, were not to be affected by the act until the slaves had actually passed in a bonâ-fide sale. Until such time their slaves were contemplated by the law as chattels. In case a master died without lawful heirs, his slaves did not escheat, but were regarded as other personal estate or property. Slave property was liable to be taken in execution for the payment of debts, and was recoverable by a personal action.159

The only apology for enslaving the Negroes we can find in all the records of this colony is, that they "were heathen." Every statute, from the first to the last, during the period the colony was under the control of England, carefully mentions that all persons—Indians and Negroes—who "are not Christians" are to be slaves. And their conversion to Christianity afterwards did not release them from their servitude.160

The act making Indian, Mulatto, and Negro slaves real property, passed in October, 1705, under the reign of Queen Anne, and by her approved, was "explained" and "amended" in February, 1727, during the reign of King George II. Whether the act received its being out of a desire to prevent fraud, like the "Statutes of Frauds," is beyond finding out. But it was an act that showed that slavery had grown to be so common an institution as not to excite human sympathy. And the attempt to "explain" and "amend" its cruel provisions was but a faint precursor of the evils that followed. Innumerable lawsuits grew out of the act, and the courts and barristers held to conflicting interpretations and constructions. Whether complaints were made to his Majesty, the king, the records do not relate; or whether he was moved by feelings of humanity is quite as difficult to understand. But on the 31st of October, 1751, he issued a proclamation repealing the act declaring slaves real estate.161 The proclamation abrogated nine other acts, and quite threw the colony into confusion.162 It is to be hoped that the king was animated by the noblest impulses in repealing one of the most dehumanizing laws that ever disgraced the government of any civilized people. The General Assembly, on the 15th of April, 1752, made an appeal to the king, "humbly" protesting against the proclamation. The law-makers in the colony were inclined to doubt the king's prerogative in this matter. They called the attention of his Majesty to the fact that he had given the "Governor" "full power and authority with the advice and consent of the council" to make needful laws; but they failed to realize fully that his Majesty, in accordance with the proviso contained in the grant of authority made to the governor and council of the colony, was using his veto. They recited the causes which induced them to enact the law, recounted the benefits accruing to his Majesty's subjects from the conversion of human beings into real property,163 and closed with a touching appeal for the retention of the act complained of, so that slaves "might not at the same time be real estate in some respects, personal in others, and bothe in others!" History does not record that the brusque old king was at all moved by this earnest appeal and convincing argument of the Virginia Assembly.

In 1699 the government buildings at James City were destroyed. The General Assembly, in an attempt to devise means to build a new Capitol, passed an act on the 11th of April of the aforesaid year, fixing a "duty on servants and slaves imported"164 into the colony. Fifteen shillings was the impost tax levied upon every servant imported, "not born in England or Wales, and twenty shillings for every Negro or other slave" thus imported. The revenue arising from this tax on servants and slaves was to go to the building of a new Capitol. Every slave-vessel was inspected by a customs-officer. The commanding officer of the vessel was required to furnish the names and number of the servants and slaves imported, the place of their birth, and pay the duty imposed upon each before they were permitted to be landed. This act was to be in force for the space of "three years from the publication thereof, and no longer."165 But, in the summer of 1701, it was continued until the 25th day of December, 1703. The act was passed as a temporary measure to secure revenue with which to build the Capitol.166 Evidently it was not intended to remain a part of the code of the colony. In 1732 it was revived by an act, the preamble of which leads us to infer that the home government was not friendly to its passage. In short, the act is preceded by a prayer for permission to pass it. Whatever may have been the feeling in England in reference to levying imposts upon servants and slaves, it is certain the colonists were in hearty accord with the spirit and letter of the act. It must be clear to every honest student of history, that there never was, up to this time, an attempt made to cure the growing evils of slavery. When a tax was imposed upon slaves imported, the object in view was the replenishing of the coffers of the colonial government. In 1734 another act was passed taxing imported slaves, because it had "been found very easy to the subjects of this colony, and no ways burthensome to the traders in slaves." The additional reason for continuing the law was, "that a competent revenue" might be raised "for preventing or lessening a poll-tax."167 And in 1738, this law being "found, by experience, to be an easy expedient for raising a revenue towards the lessening a pooll-tax, always grievous to the people of this colony, and is in no way burthensom to the traders in slaves," it was re-enacted. In every instance, through all these years, the imposition of a tax on slaves imported into the colony had but one end in view—the raising of revenue. In 1699 the end sought through the taxing of imported slaves was the building of the Capitol; in 1734 it was to lighten the burden of taxes on the subjects in the colony; but, in 1740, the object was to get funds to raise and transport troops in his Majesty's service.168 The original duty remained; and an additional levy of five per centum was required on each slave imported, over and above the twenty shillings required by previous acts.

In 1742 the tax was continued, because it was "necessary" "to discharge the public debts."169 And again, in 1745, it was still believed to be necessary "for supporting the public expense."170 The act, in a legal sense, expired by limitation, but in spirit remained in full force until revived by the acts of 1752–53.171 In the spring of 1755 the General Assembly increased the tax on imported slaves above the amount previously fixed by law.172 The duty at this time was ten per centum on each slave sold into the colony. The same law was reiterated in 1757,173 and, when it had expired by limitation, was revived in 1759, to be in force for "the term of seven years from thence next following."174

Encouraged by the large revenue derived from the tax imposed on servants and slaves imported into the colony from foreign parts, the General Assembly stood for the revival of the impost-tax. The act of 1699 required the tax at the hands of "the importer," and from as many persons as engaged in the slave-trade who were subjects of Great Britain, and residents of the colony; but the tax at length became a burden to them. In order to evade the law and escape the tax, they frequently went into Maryland and the Carolinas, and bought slaves, ostensibly for their own private use, but really to sell in the local market. To prevent this, an act was passed imposing a tax of twenty per centum on all such sales;175 but there was a great outcry made against this act. Twenty per centum of the gross amount on each slave, paid by the person making the purchase, was a burden that planters bore with ill grace. The question of the reduction of the tax to ten per centum was vehemently agitated. The argument offered in favor of the reduction was three-fold; viz., "very burthensom to the fair purchaser," inimical "to the settlement and improvement of the lands" in the colony, and a great hinderance to "the importation of slaves, and thereby lessens the fund arising upon the duties upon slaves."176 The reduction was made in May, 1760; and, under additional pressure, the additional duty on imported slaves to be "paid by the buyer" was taken off altogether.177 But in 1766 the duty on imported slaves was revived;178 and in 1772 an act was passed reviving the "additional duty" on "imported slaves, and was continued in force until the colonies threw off the British yoke in 1775."179

In all this epoch, from 1619 down to 1775, there is not a scrap of history to prove that the colony of Virginia ever sought to prohibit in any manner the importation of slaves. That she encouraged the traffic, we have abundant testimony; and that she enriched herself by it, no one can doubt.

During the period of which we have just made mention above, the slaves in this colony had no political or military rights. As early as 1639,180 the Assembly excused them from owning or carrying arms; and in 1705 they were barred by a special act from holding or exercising "any office, ecclesiastical, civil, or military, or any place of publick trust or power,"181 in the colony. If found with a "gun, sword, club, staff, or other weopon,"182 they were turned over to the constable, who was required to administer "twenty lashes on his or her bare back." There was but one exception made. Where Negro and Indian slaves lived on the border or the colony, frequently harassed by predatory bands of hostile Indians, they could bear arms by first getting written license from their master;183 but even then they were kept under surveillance by the whites.

Personal rights, we cannot see that the slaves had any. They were not allowed to leave the plantation on which they were held as chattel or real estate, without a written certificate or pass from their master, which was only granted under the most urgent circumstances.184 If they dared lift a hand against any white man, or "Christian" (?) as they loved to call themselves, they were punished by thirty lashes; and if a slave dared to resist his master while he was correcting him, he could be killed; and the master would be guiltless in the eyes of the law.185 If a slave remained on another plantation more than four hours, his master was liable to a fine of two hundred pounds of tobacco.186 And if any white person had any commercial dealings with a slave, he was liable to imprisonment for one month without bail, and compelled to give security in the sum of ten pounds.187 If a slave had earned and owned a horse and buggy, it was lawful to seize them;188 and the church-warden was charged with the sale of the articles. Even with the full permission of his master, if a slave were found going about the colony trading any articles for his or master's profit, his master was liable to a fine of ten pounds; which fine went to the church-warden, for the benefit of the poor of the parish in which the slave did the trading.189

In all the matters of law, civil and criminal, the slave had no rights. Under an act of 1705, Catholics, Indian and Negro slaves, were denied the right to appear as "witnesses in any cases whatsoever," "not being Christians;"190 but this was modified somewhat in 1732, when Negroes, Indians, and Mulattoes were admitted as witnesses in the trial of slaves.191 In criminal causes the slave could be arrested, cast into prison, tried, and condemned, with but one witness against him, and sentenced without a jury. The solemnity and dignity of "trial by jury," of which Englishmen love to boast, was not allowed the criminal slave.192 And, when a slave was executed, a value was fixed upon him; and the General Assembly was required to make an appropriation covering the value of the slave to indemnify the master.193 More than five slaves meeting together, "to rebel or make insurrection" was considered "felony;" and they were liable to "suffer death, and be utterly excluded the benefit of clergy;"194 but, where one slave was guilty of manslaughter in killing another slave, he was allowed the benefit of clergy.195 In case of burglary by a slave, he was not allowed the benefit of the clergy, except "said breaking, in the case of a freeman, would be burglary."196 And the only humane feature in the entire code of the colony was an act passed in 1772, providing that no slave should be condemned to suffer "unless four of the judges" before whom he is tried "concur."197

The free Negroes of the colony of Virginia were but little removed by law from their unfortunate brothers in bondage. Their freedom was the act of individuals, with but one single exception. In 1710 a few recalcitrant slaves resolved to offer armed resistance to their masters, whose treatment had driven them to the verge of desperation. A slave of Robert Ruffin, of Surry County, entered into the plot, but afterwards revealed it to the masters of the rebellious slaves. As a reward for his services, the General Assembly, on the 9th of October, 1710, gave him his manumission papers, with the added privilege to remain in the colony.198 For the laws of the colony required "that no negro, mulatto, or indian slaves" should be set free "except for some meritorious services." The governor and council were to decide upon the merits of the services, and then grant a license to the master to set his slave at liberty.199 If any master presumed to emancipate a slave without a license granted according to the act of 1723, his slave thus emancipated could be taken up by the church-warden for the parish in which the master of the slave resided, and sold "by public outcry." The money accruing from such sale was to be used for the benefit of the parish.200 But if a slave were emancipated according to law, the General Assembly paid the master so much for him, as in the case of slaves executed by the authorities. But it was seldom that emancipated persons were permitted to remain in the colony. By the act of 1699 they were required to leave the colony within six months after they had secured their liberty, on pain of having to pay a fine of "ten pounds sterling to the church-wardens of the parish;" which money was to be used in transporting the liberated slave out of the country. 201 If slave women came in possession of their freedom, the law sought them out, and required of them to pay taxes;202 a burden from which their white sisters, and even Indian women, were exempt.

If free Colored persons in the colony ever had the right of franchise, there is certainly no record of it. We infer, however, from the act of 1723, that previous to that time they had exercised the voting privilege. For that act declares "that no free negro shall hereafter have any vote at the election."203 Perhaps they had had a vote previous to this time; but it is mere conjecture, unsupported by historical proof. Being denied the right of suffrage did not shield them from taxation. All free Negroes, male and female, were compelled to pay taxes.204 They contributed to the support of the colonial government, and yet they had no voice in the government. They contributed to the building of schoolhouses, but were denied the blessings of education.

Free Negroes were enlisted in the militia service, but were not permitted to bear arms. They had to attend the trainings, but were assigned the most servile duties.205 They built fortifications, pitched and struck tents, cooked, drove teams, and in some instances were employed as musicians. Where free Negroes were acting as housekeepers, they were allowed to have fire-arms in their possession;206 and if they lived on frontier plantations, as we have made mention already, they were permitted to use arms under the direction of their employers.

In a moral and religious sense, the slaves of the colony of Virginia received little or no attention from the Christian Church. All intercourse was cut off between the races. Intermarrying of whites and blacks was prohibited by severe laws.207 And the most common civilities and amenities of life were frowned down when intended for a Negro. The plantation was as religious as the Church, and the Church was as secular as the plantation. The "white christians" hated the Negro, and the Church bestowed upon him a most bountiful amount of neglect.208 Instead of receiving religious instruction from the clergy, slaves were given to them in part pay for their ministrations to the whites—for their "use and encouragement."209 It was as late as 1756 before any white minister had the piety and courage to demand instruction for the slaves.210 The prohibition against instruction for these poor degraded vassals is not so much a marvel after all. For in 1670, when the white population was forty thousand, servants six thousand, and slaves two thousand, Sir William Berkeley, when inquired of by the home government as to the condition of education in the colony, replied:—

"The same course that is taken in England out of towns—every man according to his ability instructing his children. We have forty-eight parishes, and our ministers are well paid, and by my consent should be better if they would pray oftener and preach less. But of all other commodities, so of this, the worst are sent us, and we had few that we could boast of, since the persecution of Cromwell's tyranny drove divers worthy men hither. But I thank God, there are no free schools nor printing, and I hope we shall not have these hundred years: for learning has brought disobedience and heresy and sects into the world; and printing has divulged them, and libels against the best government. God keep us from both!"211

Thus was the entire colony in ignorance and superstition, and it was the policy of the home government to keep out the light. The sentiments of Berkeley were applauded in official circles in England, and most rigorously carried out by his successor who, in 1682, with the concurrence of the council, put John Buckner under bonds for introducing the art of printing into the colony.212 This prohibition continued until 1733. If the whites of the colony were left in ignorance, what must have been the mental and moral condition of the slaves? The ignorance of the whites made them the pliant tools of the London Company, and the Negroes in turn were compelled to submit to a condition "of rather rigorous servitude."213 This treatment has its reflexive influence on the planters. Men fear most the ghosts of their sins, and for cruel deeds rather expect and dread "the reward in the life that now is." So no wonder Dinwiddie wrote the father of Charles James Fox in 1758: "We dare not venture to part with any of our white men any distance, as we must have a watchful eye over our negro slaves."

In 1648, as we mentioned some pages back, there were about three hundred slaves in the colony. Slow coming at first, but at length they began to increase rapidly, so that in fifty years they had increased one hundred per cent. In 1671 they were two thousand strong, and all, up to that date, direct from Africa. In 1715 there were twenty-three thousand slaves against seventy-two thousand whites.21 4 By the year 1758 the slave population had increased to the alarming number of over one hundred thousand, which was a little less than the numerical strength of the whites.

During this period of a century and a half, slavery took deep root in the colony of Virginia, and attained unwieldy and alarming proportions. It had sent its dark death-roots into the fibre and organism of the political, judicial, social, and religious life of the people. It was crystallized now into a domestic institution. It existed in contemplation of legislative enactment, and had high judicial recognition through the solemn forms of law. The Church had proclaimed it a "sacred institution," and the clergy had covered it with the sanction of their ecclesiastical office. There it stood, an organized system—the dark problem of the uncertain future: more terrible to the colonists in its awful, spectral silence during the years of the Revolution than the victorious guns of the French and Continental armies, which startled the English lion from his hurtful hold at the throat of white men's liberties—black men had no country, no liberty—in this new world in the West. But, like the dead body of the Roman murderer's victim, slavery was a curse that pursued the colonists evermore.

120 R. Beverley's History of Virginia, pp. 35, 36.

121 See Campbell, p. 144; Burk, vol. i. p. 326.

122 Smith, vol. ii pp. 38, 39.

123 Smith's History of Virginia, vol. ii. p. 39.

124 Virginia Company of London, p. 117, sq.

125 Campbell, p. 144.

126 Burk, vol. I. p. 319.

127 Neill, p. 120.

128 Smith, vol. II. p. 37.

129 There were two vessels, The Treasurer and the Dutch man-of-war; but the latter, no doubt, put the first slaves ashore.

130 Campbell, p. 144.

131 Burk, Appendix, p. 316, Declaration of Virginia Company, 7th May, 1623.

132 See Burk, vol. i. p. 326.

133 Stith, Book III. pp. 153, 154.

134 Beverley, 235, sq.

135 Campbell, 147.

136 Beverley, p. 248.

137 Court and Times of James First, ii. p. 108; also, Neill p. 121.

138 Bancroft, vol. i. p. 468.

139 Neill, p. 121.

140 Hist. Tracts, vol. ii. Tract viii.

141 Beverley, p. 236.

142 Campbell, p. 145.

143 Hening, vol. i. p. 146; also p. 552.

144 Hening, vol. i. p 226.

145 Bancroft, vol. i. p. 178.

146 Hening, vol. i. p. 540.

147 Ibid., vol. ii. p. 84.

148 Hening, vol. i. p. 396.

149 Burk, vol. ii. Appendix, p. xxiii.

150 Beverley, p. 235.

151 Hening, vol. ii. p. 170; see, also, vol. iii. p. 140.

152 Beverley, p. 195.

153 Hening, vol. i. p. 396.

154 Ibid., vol. ii. p. 283.

155 Campbell, p. 160; also Bacon's Rebellion.

156 Hening, vol. ii. pp. 490, 491.

157 Ibid., vol. ii. p. 260; see, also, vol. iii. p. 460.

158 Ibid., vol. iii. p. 333.

159 Hening, vol. iii. pp. 334, 335.

160 Ibid., vol. iii. p. 448; see, also, vol. v. p. 548.

161 Hildreth, in his History of the United States, says that the law making "Negroes, Mulattoes, and Indians" real estate "continued to be the law so long as Virginia remained a British colony." This is a mistake, as the reader can see. The law was repealed nearly a quarter of a century before Virginia ceased to be a British colony.

162 Hening, vol. v. p. 432, sq.

163 Beverley, p. 98.

164 Hening, vol. iii, pp. 193, 194.

165 Hening, vol. iii. p. 195.

166 Burk, vol. ii. Appendix, p. xxii.

167 Hening, vol. iv. p. 394.

168 Ibid., vol, v. pp. 92, 93.

169 Ibid., vol. v. pp. 160, 161.

170 Ibid., vol. v. pp. 318, 319.

171 Ibid., vol. vi. pp. 217, 218.

172 Ibid., vol. vii. p. 466.

173 Ibid., vol. vii. p. 81.

174 Ibid., vol. vii. p. 281.

175 Hening, vol. vii, p. 338.

176 Ibid., vol. vii. p. 363.

177 Ibid., vol. vii. p. 383.

178 Ibid., vol. viii. pp. 190, 191, 237, 336, 337.

179 Ibid., vol. viii, pp. 530, 532.

180 Ibid., vol. i. p. 226.

181 Ibid., vol. iii. p. 251.

182 Ibid., vol. iii. p. 459; also vol. iv. p. 131, vol. vi. p. 109, and vol. ii. p. 481.

183 Hening., vol. vi. p. 110.

184 Ibid., vol. ii. p. 481.

185 Ibid., vol. ii p. 270.

186 Ibid., vol. ii. p. 493.

187 Ibid., vol. iii, p. 451.

188 Ibid., vol. iii. pp. 459, 460.

189 Ibid., vol. viii. p. 360.

190 Ibid., vol. iii. p. 298.

191 Ibid., vol. iv. p. 327.

192 Ibid., vol. iii. p. 103.

193 Ibid., vol. iii, p. 270, and vol. iv. p. 128.

194 Hening, vol. iv. p. 126, and vol. vi. p. 104, sq.

195 Ibid., vol. viii. p. 139.

196 Ibid., vol. viii. p. 522.

197 Ibid., vol. viii. p. 523.

198 Ibid., vol. viii. pp. 536, 537.

199 Ibid., vol. iv. p. 132.

200 Ibid., vol. vi, p. 112.

201 Hening, vol. iii. pp. 87, 88.

202 Ibid., vol. ii. p. 267.

203 Ibid., vol. iv. pp. 133, 134.

204 Ibid., vol. iv, p. 133.

205 Ibid., vol. vii. p. 95; and vol. vi. p. 533.

206 Ibid., vol. iv. p. 131.

207 Ibid., vol. iii. p. 87.

208 Campbell, p. 529.

209 Burk, vol. ii. Appendix, p. xiii.

210 Foot's Sketches, First Series, p. 291.

211 Hening, vol. ii. p. 517.

212 Hening, vol. ii. p. 518.

213 Campbell, p. 383.

214 Chalmers's American Colonies, vol. ii. p. 7.