(Part II in Series on “The History of Black Rights in America”)
The first Africans arriving in what is now known as America did not arrive as slaves, but as indentured servants. The concept of indentured servitude arose from the settlers need for cheap labor. Indentured servants were persons that bonded themselves to a master and agreed to work for a set amount of years, typically four to seven years, in exchange for passage to the “New World,” room, board, lodging and freedom dues.[1] Although certain conditions of indentured servitude overlapped those of slavery, the two were not interchangeable.
The institution of chattel slavery that has marred American history existed separate from indentured servitude. Furthermore, it was created through a slower process whereby white fear and greed fueled a race-based caste system centered on the need for cheap labor. What happened was a great change in the legal status from the time the first 20 Africans arrived in Jamestown in 1619 to the turn of the next century. All Africans, whether free, bonded or enslaved, saw greater restrictions and less protection as it became clear that one’s complexion dictated one’s status under the law.
Many states enacted laws to deal with the influx of Africans. Here, I want to focus on Virginia for two main reasons. One, this was the site of the first Africans in America. Two, because the first Africans arrived there, it serves as a good case study for how the law impacted Africans in the American colonies. Also important to note is that as these laws were created, there was also the exponential growth of the African population in Virginia from 20 people in 1619 to 16,390 people in 1700.[2] This was due to the expansion of the slave trade, particularly in 1672 when King Charles II of England chartered the Royal African Company, which dominated the slave trade.[3]
Thus, with the increase in the African population, there came greater need to control this population that was largely seen only as “labor.” As noted in Part I of this series, countless pages could be spent discussing how the law created race-based slavery. However, I want to focus on the three areas in which the law solidified slavery in America: 1. the restriction of black movement, 2. the restriction in the right to self defense and 3. the denial of protection.
The Restriction Of Black Movement[4]
While America loves to boast that it was founded upon certain rights and freedoms, such as the right to assemble and the right to bear arms, these freedoms did not apply to all. This was particularly true with respect to Blacks and the restriction of their freedom of movement. White settlers began to see the movement and gathering of Blacks as dangerous and enacted laws to address the danger. For instance, in 1680 Virginia enacted Act X that states this danger explicitly. The law reads, “Whereas the frequent meeting of considerable number of negroe (sic) slaves under pretense of feasts and burials is judged of dangerous consequence…it shall be unlawful for any negroe…to go or depart from his masters ground without certificate from his master, mistress, or overseer.” These “slave papers” as they were later called, became a basis for stopping and harassing Blacks, regardless of whether they were free or not. Black skin began to carry the assumption of bondage.
In addition to this law, Virginia enacted others that included run-aways laws beginning in 1661, and in 1691 Act XVI required that all emancipated slaves be removed from the state within a year of their emancipation or face punishment. Collectively, what we see is the fear of Black assemblage and Black movement being codified in the law. The underlying assumption here was that a Black person in motion was a dangerous person unless he or she was under white control. Sadly, when I observe the police’s interaction with Blacks, I see this sentiment being recapitulated.
Blacks Denied the Right to Self Defense
Closely related to the laws that restricted the movement of Blacks, were the laws that denied Blacks the ability to defend themselves. This was done a few ways. One was in restricting their access to arms. In 1638 Virginia passed Act X that stated “all persons except Negroes are to be provided with arms…” In the same Act passed in 1680 listed above, it outright banned blacks from carrying “arms, such as any club, staff, gun, sword or other weapon…” Another Act passed in 1682 prevented Blacks from using self-defense against any Whites. Blacks could be killed for resisting apprehension and it would not be a crime because “it cannot be presumed that malice existed” on the part of the White master or capture. Again, when I think about the police the failure of the justice system to hold them accountable for killing Blacks, it seems this law is still in effect. The punishment for Blacks resisting is still death, and no malice will be presumed on the officer’s part.
Another denial of their right to self-defense was more political in nature. Blacks lost the right to a jury trial in 1692 and could not own horses, cattle and hogs after that year. After 1705 they could no longer serve as witnesses in court or hold political office. They were restricted in their rights to defend themselves against the law, and denied the ability to change the laws that oppressed them.
No Protection For Blacks
Lastly, the law not only restricted Blacks, but removed their protection as well. This, perhaps more than the other two sections, really solidified race-based slavery in America. Two critical areas of protection removed were the force of Christian Baptism and the inheritability of slave status. According to English law, the status of a child followed that of the father. However, in 1662 with Act XII, Virginia changed the longstanding English law to have the child’s status follow that of the mother. This ensured that a greater number of people of African descent would remain enslaved because it essentially made slavery inheritable. It also allowed White male masters to produce offspring that became property and not an heir.
The second important law dealt with the weight of baptism. There was debate surrounding the traditionally held belief that Christians could not enslave other Christians. Whites were unsure if they had to emancipate their slaves once they were baptized. In 1667 Virginia enacted Act III, which declared that baptism did not affect the legal status of the enslaved. Therefore, what was once a basis for freedom was no longer available. The slave masters were free, and indeed encouraged, to continue to convert their slaves without fear of having to treat them as equals.
While these and other similar laws depict a picture in which being Black in America was difficult even from the onset; that is not the only important conclusion. We must also understand how the creation of chattel slavery was a process filled with blatant contradictions and reversal of deeply held morals. Moreover, our ability to perpetuate other contradictions and moral reversals is just as real today as it was during colonial America. Next week we take a further look into the law’s contradictions when we look at slavery in America.
–Until Next Time–
Palooke
[1] http://www.pbs.org/opb/historydetectives/feature/indentured-servants-in-the-us/
[2] http://www.history.org/history/teaching/slavelaw.cfm; http://www.shsu.edu/jll004/vabeachcourse_spring09/bacons_rebellion/slavelawincolonialvirginiatimeline.pdf
[3] http://www.blackpast.org/timelines/african-american-history-timeline-1600-1700
[4] Most of the information listed below is taken from Guild, June, Black Laws of Virginia: A Summary of Legislative Acts of Virginia Concerning Negroes From Earliest Times to the Present. 3rd Ed. Westminster: Heritage Books 1995. Other information comes from sources listed above. For the sake of easy I’m only including one footnote so that I keep the somewhat informal nature of the blog and not inundate you with too many footnotes.
Wow. Very well written. You don’t learn about these kind of details in grade school.