CHAPTER XI

+Treatment+

The treatment of Indian slaves apparently differed in no essential

degree from that of the negroes. The slaves of the two races lived

and worked together; but since the negroes were in the majority, the

treatment of slaves in general was determined by the ordinary usage

which the whites accorded them in particular. It is customary for

writers dealing with early slavery among both the English and French

of America to declare it mild in nature.[917] The statement appears to

be true. The system was patriarchal in nature, though it is doubtful

if race feeling among the English was ever so nearly obliterated,

and a condition of fellowship approaching equality ever so fully

developed, as in the case of the French. Individual cases of cruelty

and harsh treatment undoubtedly existed as they must exist in all

cases of servitude; but Indian slavery never became an institution

sufficiently well organized to make harsh treatment general. There was

never anything in either the English or French colonies corresponding

to the labor gang used by the Spanish. The number of Indian slaves

in a locality was too small for that; nor did the service which the

colonists required of their Indian slaves demand it. Kind treatment,

however, did not exclude the infliction of corporal punishment, if

thought needful.[918]

To judge from the frequent newspaper advertisements of runaways, the

Indian slaves of the English colonists were at least comfortably

dressed. The following are typical extracts from the newspapers of the

various colonies: “a black crape gown and a striped stuff jacket”;

“a blue flannel petticoat, a dark Estamine gown and a double striped

gown”;[919] “a grey coat with pewter buttons, with leather breeches,

an old tow shirt, grey stockings, good shoes and felt hat”;[920] “a

green hat and yellow breeches”;[921] “an orange colored broadcloth

coat, with a narrow cape, and a flannel jacket with narrow stripes, a

cotton shirt, and a loose pair of Oxenbridge trousers ... a beaver hat,

and had a bundle of clothes with him”;[922] “an old blue coat, striped

flannel jacket, pretty good hat, black wig, linen trousers, white yarn

stockings, and an old pair of mended shoes”;[923] “a good felt hat,

orange colored jacket, thick leather breeches, checked wool shirt,

light grey stockings and pretty good shoes”:[924] “pea-jacket of light

brown, leather breeches, shoes, stockings and hat”;[925] “a drugat

waistcoat and kersey petticoat of a light color”.[926] From these

advertisements it appears that the slaves were dressed much like the

colonists themselves, though doubtless their clothing often consisted

of “cast offs”. In the Carolinas where slaves were more numerous,

coarse goods were imported by the planters for slaves’ clothing.

Mention is found of “serge suits for the servant maids, of coarse

kerseys, tufted holland jackets, etc.”, with which the plantation was

wont to be supplied for the slaves and convict servants. These were

used in addition to cloth woven and made into clothes by the women of

the household.[927]

Generally kind as the treatment of Indian slaves may have been,

the sentiment of the English colonists was quite opposed to the

intermingling of whites and Indians, bond or free, even if in the

early history of Virginia there was some effort made to encourage the

marriage of whites and free Indians.[928] It was natural, therefore,

that definite action should be taken to prevent the marriage of free

whites and Indian slaves. In 1691, Virginia passed an act forbidding

the union of free whites with Indians whether slave or free; but

there seems to have been no provision against marriage of negroes or

Indians with white indentured servants.[929] The provision, perhaps,

was unnecessary, for the consent of the white indentured servant’s

master was necessary for the validity of such a union, and such consent

was usually refused because of the strong prejudice against race

mixture.[930]

North Carolina, also, in 1715, passed an act forbidding the marriage

of whites with negroes, mulattoes or Indians, under penalty of £50,

and making clergymen celebrating such a marriage liable to a fine of

£50.[931] A later act of 1741 provided a fine of £50 for the marriage

of any white man or woman with an Indian, negro, mustee, mulatto,

or any person of mixed blood to the third generation, bond or free.

Any minister or justice of the peace performing such a service was

punishable by a fine of £50.[932] Maryland, on its own part, in 1692,

passed an act against the marriage or promiscuous sexual relations

of whites and negroes or other slaves. Any white person so offending

was to become a servant for seven years, if free at the time of the

marriage. If already a servant, he or she must serve seven years after

the end of the present term of service.[933]

The same feeling existed in New England. A Massachusetts act of 1692

forbade the marriage, under severe penalty, of any white person with

a negro, Indian or mulatto. Mixed marriages of whites and Indians,

like those admired by Sewall in 1702,[934] did occur, however, in New

England,[935] and it appears probable that some of these marriages were

with the enslaved captives of King Philip’s War and the Indian slaves

imported from Carolina.

Considering, further, the determination of legal relations between the

whites and the Indian slaves, it should be remembered that, when not

specifically referred to, Indian slaves were included by implication

in the legislative acts of the various colonies relating to slaves.

Sufficient proof of this statement lies in the fact that Indian slaves

are directly mentioned in certain of the legislative acts of any given

colony, whereas other acts of the same colony specify slaves, negroes

and other slaves, or negro and mulatto slaves.[936] In one colony,

Virginia, the term “mulatto” was made to include Indians by the act of

1705, which provided that the child of an Indian should be “deemed,

accounted, held and taken to be a mulatto.”[937]

It was a part of the universal law of slavery in the southern colonies

that a slave should not be allowed to testify against a white person in

the courts.[938] South Carolina, by the acts of 1712,[939] 1722[940]

and 1735,[941] permitted “negroes and other slaves” to testify in the

trial of any slave accused of specified crimes and offenses. Certain

of the colonies, by express provision, forbade Indian slaves to

give testimony in the trial of whites. North Carolina declared that

“all negroes, mulattoes, bond and free to the third generation, and

Indian servants and slaves, shall be deemed to be taken as persons

incapable in law to be witnesses in any case whatever except against

each other”.[942] Virginia, 1705, decreed that “popish recusants,

convict negroes, mulattoes and Indian servants and others not being

Christians, shall be deemed and taken to be persons incapable in

law to be witnesses in any case whatsoever”.[943] In 1732, the same

colony decreed that the evidence of any negro or Indian slave might

be received in the trial of any slave, but was not valid in the trial

of any other person.[944] Maryland declared, in 1717, that it would

be dangerous to allow the evidence of any negro, mulatto or Indian

slave in the trial of a freeman, but conceded that, if evidence was

lacking in cases regarding any negro, mulatto or Indian slaves, that

such slaves might give testimony for or against themselves and one

another.[945] In some of the northern colonies, at least, acts were

passed forbidding slaves to give testimony in the trial of white

persons. The New York law of 1706 is a case in point.[946] This feature

of the law of evidence was renewed from time to time in the various

colonies and continued until the Revolution.

The right to life was generally conceded all slaves regardless of

color. At least one colony, New Hampshire, 1708, in an act guaranteeing

this right, included Indian slaves by specific mention.[947] This

and other rights could be protected by appeal to the courts. If not

otherwise provided for, the mode of trial used by the colonists

themselves was employed in the case of Indian slaves, negroes and free

Indians.[948] Special legislation concerning the trial of slaves was

enacted by all the English colonies. It has been said that for an

Indian to gain his point in an English court, unless his case was an

extremely strong one, was a rare occurrence.[949] Whether the statement

is generally true in the case of either free or slave Indians, might

be difficult to decide. Doubtless the Indian slave supported by his

master possessed a better chance of obtaining justice than the free

Indian. Since a slave was owned body and soul, and therefore had no

right to life except as the same might be conceded by his owner and

the authorities, it may be said that whatever legal rights he had were

granted for the protection of the slave owners in their property rights

and for the general safety of the community, rather than because of any

special consideration of justice toward the slave himself.

Virginia, in 1692, provided special courts for the trial of

slaves.[950] The provisions regarding these courts were changed from

time to time. By the act of 1765 it was provided that the justices be

given a standing commission of oyer and terminer empowering them to

try without a jury all criminal offenses committed by slaves in their

respective counties.[951] In accordance with these provisions one finds

the Earl of Dunmore issuing a commission in 1772 to certain justices in

the county of the present state of West Virginia, authorizing them to

serve as a court for the trial of negro and Indian slaves.[952]

The Massachusetts general court provided, 1647, that one or more of the

magistrates, according to agreement among themselves, should hold a

court every quarter to hear and determine all cases civil and criminal,

except those involving capital punishment, which might concern Indians,

and that minor offenses should be tried by the sachems themselves.[953]

At the first general court held on Martha’s Vineyard, June 18, 1672, it

was ordered that an Indian should have liberty in any case to appeal

from such courts as they held among themselves to the quarter court,

and from the quarter court to the general court.[954]

A New Jersey act of 1713 provided for the trial of any negro, Indian or

mulatto slave accused of committing murder, rape, etc., by a justice

and five freeholders. But if the owner of such slave should desire a

jury, the privilege might be allowed him. He also had the right to

challenge jurors as in other cases of like nature.[955] The act was

repealed in 1768.[956]

By a New York act of 1712, three justices and five freeholders of the

county constituted judge and jury, seven making a quorum, for the

trial of negro and Indian slaves accused of murder, rape, insurrection

or conspiracy. The prosecution provided the accusation to which the

offended was obliged to plead apparently without the aid of counsel.

The owner of the slave was given the right, however, to have his slave

tried by a jury of twelve, provided he paid the jury charges of nine

shillings.[957] An act of 1730 changed the required number of justices

to three, one to be a quorum, associated with five of the principal

freeholders of the county. Agreement of seven was required for the

decision. In this case, as before, the owner could have his slave tried

by a jury of twelve if he paid the jury charges of nine shillings.[958]

There was a general tendency among slave owners to conceal crimes

committed by slaves, or to secrete slave offenders and thus avoid the

financial loss consequent upon the time consumed by the trial and the

possible imprisonment of the slave in case of conviction, as well as

the possible injury to the slave by corporal punishment, or the still

greater loss of the slave’s entire value in case of his execution.

To prevent this interference with justice, as well as to recognize

and protect the property rights of the slave owners, special acts

were passed in some of the colonies providing that the slave owner be

remunerated by the colonial government in case of the loss of his slave

through execution for crime. In some colonies the amount to be paid the

owner of a slave was specified by law, and this amount varied from £30

for a man slave, and £20 for a woman slave (negro, Indian or mulatto),

as provided for in a New Jersey act of 1713,[959] to £50 in a South

Carolina act of 1717.[960] In other colonies the amount to be paid the

slave owner was left to the decision of the court. The Maryland act of

1717[961] is a case in point. It provided that the court should value

the slave (negro, mulatto or Indian) in tobacco, and that three-fourths

of the value thus adjudged should be allowed in the public levy to be

paid to the owner of the slave.

In all of the colonies the conduct of Indian slaves as well as that

of other slaves was necessarily subject to police regulations, and

punishments were decreed for their violation. These regulations did

not differ greatly in the various colonies, for the problems arising

from the use of slaves varied but little in their nature. Among the

prohibitions laid on Indian slaves specifically were the following: to

be away from home without the owner’s permission;[962] the possession

of fire arms;[963] and engaging in certain kinds of traffic.[964]

Boston decreed, 1728, that no Indian, negro or mulatto should carry

stick or cane within the town.[965] In 1778, when forming its first

proposed constitution, Massachusetts excepted from the franchise

“negroes, Indians and mulattoes, bound and free”.[966] In an act of

1660 the Connecticut general court declared that neither negro nor

Indian servants should be required to “train, watch or ward”.[967]

In 1676, New York City excluded all Indian and negro slaves from

the privilege of being carters, and in the same year passed an act

to prevent the revels of Indian and negro slaves at inns.[968] An

ordinance of the Albany city council, 1686, forbade any negro or Indian

slave to drive a cart within the city.[969] A New York act of 1731,

also, provided for regulating the conduct of negroes and Indians in the

night time.[970]

Few of the acts of colonial legislatures decreeing punishment for

various offenses mention Indian slaves; yet in the following colonies

the death penalty was to be inflicted upon Indian slaves convicted

of certain crimes:[971] by North Carolina, in 1741, for the second

offense of killing horses, cattle or hogs, and for stealing, mismarking

or misbranding such animals;[972] by New Jersey, in 1713, for murder,

or conspiracy, or attempt to murder,[973] and in 1768, for rape, for

wilfully burning any dwelling-house, barn, stable, outhouse, stacks

of corn or hay, for wilfully mutilating, maiming or dismembering any

person, for manslaughter, for stealing any sum of money above the value

of £5, and for committing any felony or burglary.[974]

Branding as a punishments for Indian slaves was decreed by the

Massachusetts general court. Runaway Pequot slaves were so

punished.[975] Judging from the descriptions of runaway Indian slaves

contained in the colonial newspapers, some form of branding or marking

such culprits was used until a late period. These brands or marks

sometimes took the form of letters or symbols pricked into the skin by

gunpowder or India ink. They were placed usually on the forehead or the

cheeks.[976]

Whipping, the most common punishment provided by law for Indian as well

as other slaves, was decreed by different colonies as follows: by North

Carolina, in 1741, to consist of thirty-nine lashes well laid on, for

giving false testimony in court, killing any domestic animal without

the owner’s consent, and for stealing, mismarking or misbranding such

animals;[977] by Pennsylvania, in 1721, for making, selling or using

any fireworks or firearms in Philadelphia,[978] and in 1751, for taking

part in horse races or shooting matches without a license, fifteen

lashes for the first offense and twenty-one for the second;[979] by New

Jersey, in 1713, for stealing to the value of six pence;[980] by New

York City, in 1682, for absence from their owners’ homes or plantations

without ticket of leave in owners’ handwriting,[981] in 1683, ten

lashes for meeting together at any place on Sunday or any other day in

groups of more than four, and possessing arms, unless the owner paid

six shillings in lieu of the penalty,[982] in 1713[983] and 1731,[984]

thirty-nine lashes for being found in the city streets, if above the

age of fourteen years, later than one hour after sunset, in 1721,[985]

and 1731,[986] for gambling, in 1731, for attending a funeral in

groups of more than twelve,[987] for disorderly riding through the

streets,[988] and for selling “the Fish Commonly Called and known by

the name of Bass” in the months of December, January and February,[989]

and in 1759, for committing any nuisance in the streets;[990] by

Connecticut, in 1750, forty lashes for publishing or speaking such

words of and concerning any other person, which, if spoken or published

by a white person, would be considered by law objectionable,[991]

and for being abroad after nine o’clock at night;[992] and by

Massachusetts, in 1693, for dealing in stolen goods.[993] The town of

Medford, Massachusetts, ordered, in 1734, that all negro, Indian or

mulatto slaves found abroad without leave and not on their masters’

business were to be punished by whipping.[994] Block Island, finally,

in 1709, provided ten lashes as punishment for any negro or Indian

slave abroad after nine o’clock at night.[995]

Punishment by mutilation was sometimes used, especially in the southern

colonies.[996] North Carolina, in 1741, provided that any slave,

negro or Indian, giving false testimony in any court was to have an

ear nailed to the pillory and to stand there for an hour, after which

the ear was to be cut off. The other ear was then to be nailed in like

manner and cut off at the expiration of an hour. By the same act the

cutting off of both ears was made a partial punishment for killing

horses, cattle or hogs without the consent of the owner, and for

stealing, misbranding or mismarking such animals.[997]

Certain of the colonies attempted to prevent the sale of spirituous

liquors to Indian and other slaves. At the time of King Philip’s War,

Massachusetts forbade the sale of liquor without license to any Indian

or negro.[998] New Hampshire, 1686, passed a similar act.[999] In the

same year the common council of Albany prohibited the selling of liquor

to Indian slaves without the owners’ permission.[1000]

Considering still another phase of treatment, namely, that which had

to do with religious instruction, it may be said that, among the early

regulations of the British government for the colonies, it was required

that measures be taken whereby “slaves may be best invited to the

Christian faith and be made capable of being baptized therein”.[1001]

In the instructions to the colonial governors the home government not

infrequently gave directions for the conversion of both negroes and

Indians, but the Indians referred to were free, not slave. The enslaved

natives were in too great a minority to attract attention; but any

effort to instruct and convert the negroes must, of course, include

the former by implication.[1002]

The good intentions of the home government for the conversion of

slaves were commonly frustrated by the popular belief that baptism

conferred freedom upon slaves. The general attitude of slave owners

in all the colonies was to oppose or forbid the religious instruction

and conversion of negro and Indian slaves. They argued that the

instruction and conversion of slaves tended to make them disrespectful

and unreliable and hence decreased their value. Consequently the

religious training of slaves in the earlier colonial period depended

upon the personal teaching of the owner’s family.[1003] This condition

of affairs appealed strongly to the missionaries of the Society for

the Propagation of the Gospel in Foreign Parts[1004] on their coming

to America primarily to work among the Indian tribes. In the reports

sent to their Society early in the eighteenth century they lamented the

unenlightened condition of the slaves, and urged that they be allowed

to work among them where they believed their efforts would accomplish

more than among the Indian tribes. The Society granted their requests

and gave them special instructions to look after the spiritual

interests of all slaves.[1005] Their subsequent reports, though they

dealt primarily with negro slaves, sometimes made mention of Indian

slaves, and show that there was no distinction in religious matters

between the slaves of the two races.

A letter from Samuel Thomas to the Society, December 21, 1705, told

of the employment of negro and Indian slaves on the Lord’s Day;[1006]

but in a memorial of the same year he rejoiced in the prospect of

bringing many Indian and negro slaves to the knowledge and practice

of Christianity.[1007] In a letter of the following year he urged

that the Society give the missionaries strict charge to labor with

great diligence in the conversion of the Indian and negro slaves

in the respective parishes.[1008] In 1710, he reported that there

was several unconverted Apalachee slaves in his parish whom he was

especially anxious to baptize.[1009] Le Jau, another missionary in

South Carolina, reported, in 1708, that the masters opposed the baptism

and marriage of their slaves, and declared that “many masters cannot be

persuaded that negroes and Indians are otherwise than beasts and use

them like such”.[1010] In the same year he reported many Indian and

negro slaves instructed and on probation for baptism.[1011] In 1710,

also, certain masters had so far yielded in their opposition to the

religious training of slaves as to allow Indian and negro slaves to

remain a half-hour after the services for instruction.[1012] In 1711,

one Indian slave and thirty negro slaves had joined the church in his

parish,[1013] and he was catechizing “negroes and other slaves” with

their masters’ consent,[1014] though then, and even at a later period,

other masters in the same parish (Goose Creek) opposed his work among

the slaves.[1015] Where such consent was granted, the slaves were often

required to declare that they were not being baptized out of any effort

to free themselves.[1016] From still another South Carolina parish (St.

Thomas) the pastor, Haskell, wrote in 1711 that he was encouraging the

conversion of Indian and negro slaves, and that he was also trying to

persuade their masters to his mind.[1017] He met with some success, for

another letter of the same year recorded the baptism of two negroes

and an Indian slave.[1018] As late as 1730, however, he reported that

the religious instruction of Indian and negro slaves was obstructed

by irreligious and worldly people.[1019] In 1707, Dunn, the pastor

of a parish thirty miles from Charleston reported that he met great

difficulty in persuading masters to allow their Indian and negro slaves

to receive religious instruction or to be baptized, since they believed

that baptism would free slaves.[1020]

The same attitude of masters concerning the religious instruction of

their slaves was reported from other colonies by the missionaries of

the Society in question. But since the number of Indian slaves in no

other colony was as large as in South Carolina, the mention of them by

the missionaries is far less frequent, when made at all. Sharpe of New

York, in a letter of 1712, mentioned two Spanish Indian slaves who were

Christians.[1021] Neau of New York reported much opposition of masters

to his work among the slaves.[1022] But Governor Cornbury promised to

help him,[1023] and evidently his labors were successful, for a report

in 1726 alluded to fourteen hundred negro and Indian slaves, many of

whom had been instructed by Neau.[1024]

Since in general the religious instruction of servants and slaves was

recognized as a duty by both the civil and ecclesiastical authorities

in England, the response of the Society for the Propagation of the

Gospel in Foreign Parts to these letters and reports was encouraging,

and the missionaries were directed to do all in their power for the

education and conversion of all slaves.[1025] On one occasion the

Society went so far as to draft a bill to be introduced into Parliament

providing for the more effectual conversion of negroes and servants in

the plantation,[1026] and also petitioned the Archbishop of Canterbury

that his majesty be requested to encourage the passage of laws in

the colonies to the effect that baptism did not confer freedom upon

slaves.[1027]

The colonial clergy similarly tried to obtain legislation at home which

might serve to dispel the popular illusion that baptism conferred

freedom upon slaves. A proposition contained in Mr. Forbes’ account

of the state of the church in Virginia, July 21, 1724, is a case in

point. It stated that the Christian duty of instructing and educating

heathen slaves in the Christian faith was much neglected by slave

owners in America, though recommended by his majesty’s instructions.

It was accordingly proposed that every Indian, negro or mulatto child

that should be baptized and publicly catechized by the minister in

church, and who could, before the fourteenth year of his or her age,

give a distinct account of the creed, the Lord’s Prayer and the ten

commandments, should, if the owner received a certificate from the

minister to that effect, be exempted from paying all levies till the

age of eighteen years.[1028]

Laws to this effect were passed in some of the colonies. The Carolina

Fundamental Constitutions of 1669 had provided that it should be

lawful for slaves to become members of any church or religious

profession as if they were freemen, but that every owner should have

absolute power and authority over his slaves regardless of their

opinion or religion.[1029] But by the so-called “Church Act” of 1705

South Carolina showed itself averse to the policy advocated in the

Constitutions of 1669, and decreed that the register of a parish

should except negro and Indian slaves from the entries of births,

christenings, marriages and burials.[1030] The law suited the times

and was accordingly followed.[1031] But in 1712, in order to correct

the popular misconception that a Christianized slave was by law free,

an act was passed to the effect that baptism of slaves did not confer

freedom upon them.[1032]

As early as 1655, the Virginia assembly had voted that Indian servants

should be educated and brought up in the Christian faith.[1033] Yet the

idea that baptism conferred freedom upon a slave even then existed in

the colony, since one of the reasons given for the disallowance of the

sale of an Indian boy by “The Kinge of Waineoke” to Elizabeth Short in

1659 was that the boy was desirous of baptism.[1034] The above action

of the legislature probably contributed to the enactment of the law of

1667 which decreed that the baptism of a slave did not confer freedom

upon him or in any way change his condition. The act naively declared

the reason for this legislative action to be that masters freed from

this doubt might the more carefully encourage the propagation of

Christianity by permitting the conversion of slaves.[1035] The act of

1670, when slaves were for the first time legally designated as such

in Virginia, decreed that freedom resulting from Christianity was

limited to servants imported by shipping. Consequently Indian servants

or slaves, since they generally came into the colony by land, were not

eligible to become freemen by the provision.[1036] The act of 1670 was

repealed in 1682 and a new act removed the possibility of conversion

to Christianity conferring freedom upon any slaves, negro, mulatto or

Indian, by decreeing that whether converted to Christianity before or

after being brought to the colony, they should remain slaves.[1037]

Finally, in 1712, Virginia passed a law requiring that the parents of

free-born children and the owners of slave-born children, within twenty

days after the birth of a child, should give notice in writing of the

birth, with name and sex, the names of the parents of a free-born

child, and the name of the owner of a slave-born child. The death of

a slave was to be reported to the minister of the parish in the same

way, and the minister was required to keep a record of all births and

deaths in his parish.[1038] Virginia parish registers after this date

contain records of the death of Indian slaves.[1039] Maryland, also, by

the acts of 1692,[1040] 1694,[1041] 1704[1042] and 1715[1043] sought

to encourage the baptism of “negroes and other slaves” by asserting

that baptism did not confer freedom upon slaves or their offspring. In

accordance with the instructions of Queen Anne to Governor Cornbury,

1702, New Jersey passed an act in May, 1704, declaring that baptism of

any negro, Indian or mulatto slave should not be considered reason or

cause for his freedom.[1044]

The amended “Duke’s Laws” published about 1674, decreed that turning

Christian should not set at liberty any negro or Indian servant in New

York who had been bought by any person.[1045] Evidently the colonists

put but little faith in this provision, for Governor Dongan reported in

1687 that they “take no care of the conversion of their slaves.”[1046]

The old idea that conversion conferred freedom upon slaves prevailed,

and was doubtless strengthened by an order of the council, October 11,

1687, that Christian Indians and children of Christian parents brought

from Campeachy and Vera Cruz as slaves should be set free,[1047] and

by a similar order in the following year that Spanish Indian slaves

professing Christianity were to be released and sent home.[1048] This

last order was accompanied by a decree of the council, July 30, 1688,

that the Spanish Indian slaves of certain persons be brought before

it with a view of liberating them if they were able to say the Lord’s

Prayer.[1049] A report of Governor Bellomont, April 27, 1699, also,

states that a “Bill for facilitating the conversion of negroes and

Indians ... would not go down with the assembly; they having a notion

that the negroes being converted to Christianity would emancipate

them from their slavery, and loose them from their service.”[1050]

But an act of October 24, 1706, “to encourage the Baptizing of Negro,

Indian and Mulatto slaves” stated that the baptism of slaves did not

confer freedom upon them.[1051] This partially calmed the fears of the

slave owners, and the baptism of slaves became more frequent;[1052]

but it did not lead the owners in all cases to favor the work of the

missionaries among the slaves. In 1724, Mr. Jenney reported to the

Society for the Propagation of the Gospel in Foreign Parts: “There

are a few negroes and Indian slaves ... in my parish: the catechist,

a school-master from the honorable society, has often proposed to

teach them the catechism, but we cannot prevail upon their masters

to spare them from their labor for that good work.”[1053] Again, in

1728, Mr. Wetmore reported the opposition of Quaker, Presbyterian

and Episcopalian masters to the instruction and baptism of their

slaves,[1054] but in 1734 he alluded to the baptism of one adult Indian

slave.[1055]

In New England the earliest action taken by the colonial government

with regard to the religious instruction of slaves occurred in 1677

in connection with the disposal as slaves of the captives taken in

King Philip’s War, when it was decreed that all the Indian slaves

distributed among the inhabitants of the colony should “be taught and

instructed in the Christian religion.”[1056] How far such religious

training was carried out would be difficult to ascertain. Occasional

glimpses of the situation can be obtained. Experience Mayhew lamented

that all the English did not instruct their servants in the “principles

of the true religion”;[1057] though he cited instances when Indian

servants, some of whom may have been slaves, were so instructed.[1058]

Just how much missionary work was done in the homes of Massachusetts

or elsewhere for the conversion of Indian servants and slaves is not

known. Indian slaves were owned by ministers of the gospel, and it

may be supposed that some attention was given to their instruction.

Evidently the religious spirit of the Massachusetts colonists was

sufficiently strong to include Indian slaves and servants, for in

some churches negroes and Indians had a special location assigned

them in the church[1059] and occasional reference is found to Indian

slaves being church members. According to the baptismal records of

November 19, 1727, for example, the Indian slave of Lieutenant Stephen

Longfellow, great-great-grandfather of the poet, was his fellow member

in the Byfield church.[1060] In this same year the Reverend Timothy

Cutler reported from Boston: “Negro and Indian slaves belonging to my

parish are about thirty-two, their education is according to the houses

they belong to. I have baptized but two. But I know of the masters of

some others who are disposed to this important good of their slaves and

are preparing them for it; however, there is too great a remissness

upon this article”.[1061] In Rhode Island, also, for a long period the

slaves were excluded from the church because their owners considered

church membership to be inconsistent with their position. Finally in

1721 James MacSparran, pastor of Narragansett, protested against

denying slaves the benefit of religious instruction and activities,

and carried his point.[1062] After that date Indian and other slaves

could belong to the churches, though baptism and membership were still

held in disfavor by the slave owners.[1063] Connecticut, too, in 1727,

favored the work of the church by enacting that masters and mistresses

of Indian children were to use their utmost endeavors to instruct them

in the Christian faith.[1064]

The popular idea that baptism conferred freedom upon slaves aroused

eventually so much discussion among both the colonists and the

representatives of the Society for the Propagation of the Gospel

in Foreign Parts, and so many inquiries were addressed to the home

government concerning the matter, that in 1729 the opinions of Talbot

and Yorke, the attorney and solicitor generals of England, were

expressed on the subject. Their decision was in accord with the acts

of the various colonial legislatures to the effect that baptism did

not confer freedom upon slaves. The declaration of Gibson, Bishop of

London, about the same time, also, that “Christianity and the embracing

of the Gospels does not make the least alteration in civil property”,

practically ended the discussion.[1065]

Turning now to a consideration of the question of manumission, it

may be said that an Indian slave, like a negro of like condition,

might obtain freedom during the latter’s lifetime, or by testamentary

disposition at the owner’s death. His freedom might be purchased

either by himself or others. A colonial court might declare him free

if it were found that he was illegally held or misused. A colonial

government, also, might grant him freedom for some special service

rendered.

Action of the owner was naturally the most common way of conferring

freedom.[1066] When freedom was bestowed during the owner’s lifetime,

a deed of manumission was usually given in order to avoid future

complications.[1067] Occasionally in special instances the colonial

government recognized such action of the slave owners as legal. For

instance, the South Carolina Board of Counsel, August 3, 1711, in

its directions to the Indian traders provided that any Indians taken

captive in war and declared free by their respective masters who had a

right so to act, should be deemed free men.[1068]

Record exists of Indian slaves purchasing their freedom from two

sources, viz.: the colonial governments that held them before they

were transferred to individual owners, and the individual masters

themselves. In Plymouth, March 5, 1668, it was ordered that a certain

Indian held at Boston “for matter of fact”, since there was “a

probability of a tender of some land for his ransom from being sent

to Barbadoes”, should be freed from such slavery on the tender of the

land in question.[1069] A similar instance occurred in Connecticut. One

of the earliest land grants of that colony was conveyed to its owner

by the Indian chief, Uncas, in 1678, in exchange for Betty, an Indian

woman taken captive in King Philip’s War.[1070] Experience Mayhew

relates the instance of an Indian slave who, after his master’s death,

purchased his freedom from his mistress on easy terms, “his master

having never designed to keep him a slave all his days”.[1071] Another

instance, in 1709, shows an Indian slave woman sold to a free Indian to

become his wife, in return for certain land.[1072]

By South Carolina law, an Indian slave was given a chance to prove his

right to freedom. According to the act of 1712, any negro, mulatto,

mustee or Indian slave, claiming freedom for certain reasons specified

in the act, had the right to have his case heard and determined by

governor and council.[1073] The act was repeated in 1722.[1074] By the

terms of the acts of 1735[1075] and 1740,[1076] any slave might apply

to the justices of the Court of Common Pleas by petition or motion. The

court would then appoint a guardian for “said negro or Indian, mulatto

or mestizo”; and, after hearing evidence, would render decision. The

alleged owner might defend himself, and if the plaintiff were declared

free, the jury might award damages to the defendant. If the defendant

should win the case, the court might inflict such corporal punishment

on the plaintiff as it should see fit, not extending to danger to

life or limb. The burden of proof was to lie with the plaintiff, and

any such negro, Indian, etc., was to be considered a slave until the

contrary was proved. Other courts of the province besides the one

mentioned, were to have similar jurisdiction in the matter.

Certain of the colonies specified how slaves might be emancipated. In

1723, Virginia declared that no negro, mulatto or Indian slave was to

be set free upon any pretense whatever except for some meritorious

service, to be adjudged and allowed by the governor and council for the

time being, and a license therefor first obtained. If any slave should

be set free by his owner in any other way, it was declared lawful for

the churchwardens of the parish wherein such slave should reside for

the space of one month following his being freed, to take up and sell

the said negro, mulatto or Indian as a slave at the next court held for

the county.[1077] North Carolina, similarly, in 1741, provided that no

slave was to be freed except for meritorious service, to be adjudged

and allowed by license of the county court. If any owner should free

his slave in any other way, the church wardens of the parish wherein

such “negro, mulatto or Indian” should be found at the expiration of

six months after the manumission, were authorized and required to sell

the said negro, mulatto or Indian as a slave at the next session of the

county court.[1078]

The colonial governments themselves granted freedom to Indian slaves

on special occasions. By an act passed in 1660, Virginia provided that

an Indian sold by another Indian, or an Indian who spoke the English

language and who might desire baptism, should be given his or her

freedom.[1079] In 1675, also, the Massachusetts general court freed the

sister of an Indian whose friendship it wished to assure. The alleged

owner of the slave being able to prove his title, the court ordered

that £5 be paid for the slave’s liberty.[1080]

At the time of King Philip’s War the general courts of Massachusetts

Bay and Plymouth reserved the privilege, not only of disposing of

captives as slaves, but also of taking these slaves away from their

owners and giving them their liberty if such action seemed advisable.

In March, 1679, the Massachusetts general court made reparation in

money to the master of an Indian slave, when for some reason the

court freed the slave.[1081] The Plymouth general court, June 3,

1679, ordered the release of a certain Indian woman and her husband

upon the payment by the woman’s brothers of £6 in New England silver

money.[1082] The same order provided in the case of a “younger Indian”

that he should remain with his master until twenty-four years old,

and then be given his freedom.[1083] Like action was taken in 1714

when the owner of an Indian slave petitioned the Massachusetts

general court for the payment of £25, “the prime cost which he paid

for an Indian boy lately called out of his hands to be returned to

the Indians at the time of the late pacification, besides charges in

keeping and clothing of him and for doctors”.[1084] Just prior to

Church’s expedition in King Philip’s War, furthermore, as a military

measure to prevent conspiracy among the Indians in the colony and their

union with the warring tribes, Massachusetts decreed that any Indian

servant discovering any dangerous plot or conspiracy of Indians should

be emancipated, and his master be paid out of the public treasury a

reasonable price for his services.[1085]

Some of the colonies considered it advisable to make regulations

regarding the Indians after emancipation. A Virginia act of 1670

specified that former Indian slaves “though baptized and enjoined their

own freedom” could not purchase Christian white servants. The law did

not debar them, however, from buying any of their own race.[1086]

Both New York by the act of 1712,[1087] and New Jersey by the act of

1713,[1088] decreed that no freed Indian could hold any real estate

property in the colony concerned. South Carolina and North Carolina,

also, regarded the presence of manumitted Indians in the colony as

undesirable. The possibility that freedmen of this sort might stir up

disturbance among their fellows who remained in slavery was too great

a risk. A South Carolina act of 1722 decreed that, if owners freed any

slave, they must make provision for his passage out of the province.

Such freedman, if he did not leave the province within twelve months

after his manumission (being at liberty to do so) would lose the

benefit of his emancipation, and continue to be a slave, unless the

manumission were confirmed by both houses of the legislature.[1089] A

further act of 1735 required that the slave when manumitted should quit

the province within the period of six months following his manumission,

and not return within seven years.[1090] The North Carolina act of 1741

specified that, if any freedman did not depart from the province within

six months following his manumission, or should thereafter return to

the province, the church wardens of the parish where he might be at the

end of one month after his return, were to sell him at public auction

at the next session of the county court.[1091]

The freeing of slaves who after their manumission might possess no

means of support and in consequence become a burden upon the community,

presented a problem that often needed attention. Connecticut understood

the value of freeing worn-out slaves so as to avoid supporting them in

their time of uselessness; hence in 1702 the general court enacted that

every slave owner who freed his slave should in the years following

manumission, if the former slave came to want, meet the expense which

the local government encountered in caring for the freedman.[1092]

The act was renewed by the court in 1703.[1093] Another act of

practically the same tenor and including “Spanish Indians” was passed

in 1711.[1094] An act of 1777, also, relieved the former owner of a

freedman from any obligation to contribute to his support if the act

of manumission had been sanctioned in due form by the selectmen of the

former owner’s town.[1095]

A New York law of 1712, on the other hand, provided that any one

manumitting “any negro, Indian or mulatto slave” should give security

of not less than £200 to pay yearly to such freed slave the sum of

£20 lawful money of the colony. If the slave were freed by will

and testament, the executors of the deceased person were required

to give the same security after probate. If such security were not

given, the manumission should be void.[1096] Since the law proved to

be unsatisfactory, in 1717 it was amended so as to provide that any

master or other person manumitting an Indian or negro slave should give

security at the General Sessions of the Peace for city and county where

such freed Indian or negro should reside, to keep such freedman from

becoming a charge on the city, town or place.[1097]

New Jersey, too, in 1713, passed an act declaring that no negro or

mulatto slave could be manumitted unless the slave’s master gave surety

to pay such freed slave £20 yearly.[1098] This is the only section

of the act which did not include Indian slaves in its provisions.

Evidently the omission was unsatisfactory, for a later act, November

16, 1769, repealed the section and provided that, if any owner should

by will or otherwise free “any negro, Indian or mulatto slave”, then

such owner, his heirs or executors, at the next session of the Court of

General Quarter Sessions of the Peace in the county where such owner

resided, must give a bond of £200, so as to indemnify the community if

such freedman became a pauper.[1099]

Indian slavery in colonial times within the present limits of the United States · 第 9 / 12 章