CHAPTER XII.

THE COLONY OF VIRGINIA.

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 servitude[134] was common,

and many whites were convicts[135] 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

kidnapped[137] 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

act[146] 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 dangerous[155] 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 baptism[157] 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.[214] 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.

FOOTNOTES:

[119] News comes to us from Egypt that Arabi Pacha's best artillerists

are Negro soldiers.

[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.

History of the Negro Race in America from 1619 to 1880. Vol 1 Negroes as Slaves, as Soldiers, and as Citizens · 第 2 / 19 章