Chapter 19
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 pa.s.sed 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 sc.r.a.p 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 a.s.sembly _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 hara.s.sed 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 pa.s.s from their master, which was only granted under the most urgent circ.u.mstances.[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 a.s.sembly 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 pa.s.sed 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
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 a.s.sembly, 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 emanc.i.p.ate a slave without a license granted according to the act of 1723, his slave thus emanc.i.p.ated 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 emanc.i.p.ated according to law, the General a.s.sembly paid the master so much for him, as in the case of slaves executed by the authorities.
But it was seldom that emanc.i.p.ated 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 s.h.i.+eld 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 a.s.signed 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 va.s.sals 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 G.o.d, _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. G.o.d keep us from both!"[211]
Thus was the entire colony in ignorance and superst.i.tion, 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 inst.i.tution. 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 inst.i.tution," 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 ash.o.r.e.
[130] Campbell, p. 144.
[131] Burk, Appendix, p. 316, Declaration of Virginia Company, 7th May, 1623.
[132] See Burk, vol. i. p. 326.
[133] St.i.th, 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.