Virginia Legislative Assemblies Against Slavery

Virginia Legislative Assemblies Against Slavery

Instructions/Descriptions

Virginia Legislative Assemblies Against Slavery

[Do you agree with argument that Bacon’s Rebellion (1675-76) was a major turning point in Virginia’s shift toward becoming a slave society, with racism fully instituted in its laws? Or does the evidence from this week’s readings tell you something else?

To answer this question, you first need to carefully watch the argument, and then you need to think about the nature of the laws you’re reading concerning race and slavery before and after Bacon’s Rebellion. There is no doubt that laws concerning slavery were already solidifying the institution before Bacon’s Rebellion. But do you think these laws before 1675 were designed to also create a strict race-based society by institutionalizing a kind of racism that elevated all white Virginians over all Blacks in Virginia? Or do we only see such attempts to create this kind of systematic racism in Virginia after Bacon’s Rebellion? In other words, do the nature and goals of the laws change after Bacon’s Rebellion, or do you see a more natural evolution of laws whose development seem to have little relation to Bacon’s Rebellion?

Reference specific laws as you make your case

https://www.americanyawp.com/text/04-colonial-soci…

Virginia Laws Concerning Servitude, Slavery, and Race, 1639-1723

Source: http://www.virtualjamestown.org/laws1.html#4

As you read these early Virginia laws concerning servitude, slavery, and race, think about how these concepts evolved over the 17^th century and into the early 18^th.What did servitude and slavery have in common? In what ways were they differentiated over time? What factor did race play in the laws concerning servitude and slavery? How was racial difference written into the laws? How did these laws affect free blacks? Was institutionalized racism against Blacks present from the early days of Africans in Virginia, or was it something that emerged over time? Do you think Bacon’s Rebellion (1675-76) marked a turning point in the institutionalization of racism in Virginia, or did the laws passed after this event merely enhance a racism that was already present by the 1660s?

Reading Questions:

1) How can this series of laws help us come to a fuller understanding of the early history of Virginia? Of the history of slavery in Virginia? Of race in Virginia? Of indentured servitude?

2) What similarities do you see between the treatment of black slaves and white servants? What differences? How do these change over time, if at all?

3) What does the appearance of a new law suggest to us about the prior condition of slaves and servants in Virginia? For example, what might the 1670 law prescribing that “all servants not being Christians imported into this colony by shipping shale slaves for their lives” suggest to us about the condition of servants of African origin prior to 1670? What do the other new laws (and the perceived necessity for these new laws) suggest about what life was like for servants and slaves before they were passed?

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4) Why do you think the 1691 law declared free blacks “great inconveniences”? Why were free blacks seen as problematic to Virginia by 1691? Does this suggest their existence was not consider a problem earlier in the century?

January 1639/40-ACT X.

[This statute created a legal distinction between white and black men.]

ALL persons except negroes to be provided with arms and ammunition or be fined at pleasure of the Governor and Council.

March 1660/1-ACT XXII. English running away with negroes.

[This law indicates that some Africans and their descendants were not servants for life. However, if an indentured servant ran away with a black person who was considered a servant for life, the white servant had to serve additional time to compensate a master (or masters) for his/her absence and for the absence of the black individual.]

BEE, it enacted That in case any English servant shall run away in company with any negroes who are incapable of making satisfaction by addition of time, Bee it enacted that the English so running away in company with them shall serve for the time of the said negro’s absence as they are to do for their owned by a former act.

March 1661/2-ACT CXXXVIII. Concerning Indians.

[The legislators decided that Native American and English servants were to serve their masters the same length of time.]

And be it further enacted that what Englishman, trader, or other shall bring in any Indians as servants and shall assignee them over to any other, shall not sell them for slaves nor for any longer time than English of the like ages should serve by act of assembly.

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December 1662-ACT XII. Negro women’s children to serve according to the condition of the mother.

[As of December 1662, the child of an enslaved mother was also a slave for life. The statute was a dramatic departure from the English tradition in which a child received his or her status from his or her father. Members of the General Assembly also hoped that an increased fine would discourage white men and women from having sexual partners who were African or of African descent.]

Whereas some doubts have arisen whether children got by any Englishman upon a Negro woman should be slave or free, be it therefore enacted and declared by this present Grand Assembly, that all children born in this country shall be held bond or free only according to the condition of the mother; and that if any Christian shall commit fornication with a Negro man or woman, he or she so offending shall pay double the fines imposed by the former act.

September 1667-ACT III. An act declaring that baptism of slaves doth not exempt them from bondage.

[The passage of this statute indicates that Christianity was important to the concept of English identity. Legislators decided that slaves born in Virginia could not become free if they were baptized, but masters were encouraged to Christianize their enslaved laborers.]

WHEREAS some doubts have risen whether children that are slaves by birth, and by the charity and piety of their owners made partakers of the blessed sacrament of baptism, should by virtue of their baptism be made free; It is enacted and declared by this grand assembly, and the authority thereof, that the conferring of baptism doth not alter the condition of the person as to his bondage or freedom; that diverse masters, freed from this doubt, may more carefully endeavor the propagation of Christianity by permitting children, though slaves, or those of greater growth if capable to be admitted to that sacrament.

October 1669-ACT I. An act about the casual killing of slaves.

[Colonial leaders decided that corporal punishment was the only way in which a master could correct a slave since his or her time of service could not be extended. This law represents the loss of legal protection for a slave’s life in Virginia. It also was the first of several laws passed during the last thirty years of the seventeenth century that reduced the personal rights of black men and women.]

WHEREAS the only law in force for the punishment of refractory servants resisting their master, mistress or overseer cannot be inflicted upon negroes, nor the obstinacy of many of them by other than violent means suppress, Be it enacted and declared by this grand assembly, if any slave resist his master (or other by his masters order correcting him) and by the extremity of the correction should chance to die, that his death shall not be accompted felony, but the master (or that other person appointed by the master to punish him) be acquit from molestation, since it cannot be presumed that prepended malice (which alone makes murther ffelony) should induce any man to destroy his owned estate.

October 1670-ACT IV. Noe Negroes nor Indians to buy Christian servants.

WHEREAS it hath been questioned whither Indians or negroes manumitted, or otherwise free, could be capable of purchasing christian servants, It is enacted that noe negroe or Indian though baptised and enjoyned their owne freedom shall be capable of any such purchase of christians, but yet not debarred from buying any of their owne nation.

October 1670-ACT XII. What time Indians to serve.

[This law created an additional distinction between African Americans and Native Americans. It was an attempt to make lifetime servitude the normal condition for all Africans imported into Virginia. The legislators repealed this statute in November 1682.]

WHEREAS some disputes have arisen whither Indians taken in war by any other nation, and by that nation that taketh them sold to the English, are savants for life or termed of years, it is resolved and enacted that all servants not being christians imported into this colony by shipping shale slaves for their lives; but what shall come by land shall serve, if boys or girls, until thirty years of age, if men or women twelve years and no longer.

********BACON’S REBELLION OCCURRED AT THIS POINT, IN 1675-76********

June 1680-ACT X. An act for preventing Negroes Insurrections.

[This law represents an attempt to restrict the freedom and personal rights of enslaved persons. The members of the Assembly also decided that a slave who resisted a white individual was to be punished. The statute designated the punishments for three crimes: leaving a plantation without the permission of one’s master, raising a hand against a Christian, and resisting capture after running away.]

WHEREAS the frequent meeting of considerable numbers of negroe slaves under pretense of feasts and burials is judged of dangerous consequence; for prevention whereof for the future, Bee it enacted by the kings most excellent majesty by and with the consent of the general assembly, and it is hereby enacted by the authority aforesaid, that from and after the publication of this law, it shall not be lawful for any negroe or other slave to carry or armed himself with any club, staffed, gun, sword or any other weapon of defense or offence, nor to go or depart from of his masters ground without a certificate from his master, mistress or overseer and such permission not to be granted but upon particular and necessary occasions. . . . And it is further enacted by the authority aforesaid that if any negroe or other slave shall presume to lift up his hand in opposition against any christian, shall for every such offence, upon due proofed made thereof by the oath of the party before a magistrate, have and receive thirty lashes on his bare back well laid on.

April 1691-ACT XVI. An act for suppressing outlying slaves.

[This document contains the first legal restriction on the manumission of slaves. The law required a master to transport an emancipated slave out of the colony within six months. In addition, partners in an interracial marriage could not stay in Virginia more than three months after they wed. Lawmakers did not want white women to bear mulatto children because the free black population would increase. They decided to punish white women who gave birth to mulattos and to require a longer term of servitude (until the age of thirty) for these children than they did for poor orphans or illegitimate white boys (until the age of twenty-one) and girls (until the age of eighteen). Finally, in this law, the General Assembly first used the term “white” as an additional way to legally separate the English and Europeans from Africans and Native Americans.]

For prevention of that abominable mixture and spurious issue which hereafter may increase in this dominion, as well by negroes, mulattoes, and Indians intermarrying with English, or other white women, as by their unlawful accompanying with one another, Be it enacted by the authorities aforesaid, and it is hereby enacted, that for the time to come, whatsoever English or other white man or woman being free shall intermarry with a negroe, mulatto, or Indian man or woman bond or free shall within three months after such marriage be banished and removed from this dominion forever, and that the justices of each respective county within this dominion make it their particular care that this act be put in effectual execution. And be it further enacted by the authorities aforesaid, and it is hereby enacted, That if any English woman being free shall have a bastard child by any negro or mulatto, she pay the sum of fifteen pounds sterling, within one month after such bastard child be born, to the Church wardens of the parish where she shall be delivered of such child . . . and that such bastard child be bound out as a servant by the said Church wardens until he or she shall attained the age of thirty years, and in case such English woman that shall have such bastard child be a servant, she shall be sold by the said church wardens, (after her time is expired that she bought by law to serve her master) for five years, and the money she shall be sold for divided as is before appointed, and the child to serve as aforesaid.

And forasmuch as great inconveniences may happen to this country by the setting of negroes and mulattoes free, by their either entertaining negro slaves from their masters service, or receiving stolen goods, or being grown old bringing a charge upon the country; for prevention thereof, Be it enacted by the authority aforesaid, and it is hereby enacted, That no negro or mulatto be after the end of this present session of assembly set free by any person or persons whatsoever, unless such person or persons, their heiress, executors or administrators pay for the transportation of such negro or negroes out of the country within six months after such setting them free.

April 1692-ACT III. An act for the speedier prosecution of slaves committing Capital Crimes.

[This statute decreed that enslaved individual were not permitted to own horses, cattle, and hogs after December 31, 1692.]

And be it enacted by the authority aforesaid, and it is hereby enacted, that all horses, cattle and hoggs marked of any negro or other slaves’ market, or by any slave kept, and which shall not by the last day of December next, be converted by the owner of such slave to the use and market of the said owner, shall be forfeited to the use of the pore of the parish wherein such horse, beast, or hogg shall be kept, sizable by the church wardens thereof.

October 1705-CHAP. XLIX. An act concerning Servants and Slaves.

[This statute included a definition of who would become a slave upon entering Virginia and repeated previous restrictions placed upon enslaved persons in addition to new constraints. The law contained some modifications on the punishments placed on white women who bore a mulatto child and white individuals who married a person of color in 1691. The legislators made it clear that Christianity was not the path to freedom for a slave.]

1. And also be it enacted, by the authority aforesaid, and it is hereby enacted, That all servants imported and brought into this country, by sea or land, who were not christians in their native country, (except Turks and Moors in amity with her majesty, and others that can make due proof their being free in England, or any other christian country, before they were shipped, in order to transportation hither) shall be accounted and be slaves, and as such be here bought and sold notwithstanding a conversion to Christianity afterwards.
2. Provided always, that a slave’s being in England, shall not be sufficient to discharge him of his slavery, without other proof of his being manumitted there.

Viand also be in enacted, by the authority aforesaid, and it is hereby enacted, That all masters and owners of servants, shall find and provide for their servants, wholesome and competent diet, clothing, and lodging, by the discretion of the county court; and shall not, at any time, give immoderate correction; neither shall, at any time, whip a christian white servant naked, without an order from a justice of the peace: And if any, notwithstanding this act, shall presume to whip a christian white servant naked, without such order, the person so offending, shall forfeit and pay for the same, forty shillings sterling to the party injured.

XIX. And for a further prevention of that abominable mixture and spurious issue, which hereafter may increase in this her majesty’s colony and dominion, as well by English, and other white men and women intermarrying with negroes or mulattos, as by their unlawful coition with them, Be it enacted, by the authority aforesaid, and it is hereby enacted, That whatsoever English, or other white man or woman, being free, shall intermarry with a negro or mulatto man or woman, bond or free, shall, by judgment of the county court, be committed to prison, and there remain, during the space of six months, without bail or mainprize; and shall forfeit and pay ten pounds current money of Virginia, to the use of the parish, as aforesaid.

1. And be it further enacted, that no minister of the church of England, or other minister, or person whatsoever, within this colony and dominion, shall hereafter wittingly presume to marry a white man with a negro or mulatto woman; or to marry a white woman with a negro or mulatto man . . ..

1723—An Act directing the trial of Slaves, committing capital crimes; and for the more effectual punishing conspiracies and insurrections of them; and for the better government of Negros, Mulattos, and Indians, bond or free

XVII. And be it further enacted, by the authority aforesaid, that no negro, mullite, or Indian slaves, shall be set free, upon any pretense whatsoever, except for some meritorious services, to be adjudged and allowed by the governor and council, for the time being, and a license thereupon first had and obtained. −− And that, where any slave shall be set free by his master or owner, otherwise than is herein before directed, it shall and may be lawful for the churchwardens of the parish, wherein such negro, mullite, or Indian, shall reside for the space of one month, next after his or her being set free, and they are hereby authorized and required, to take up, and sell the said negro, mullite, or Indian, as slaves, at the next court held for the said county, by public outcry. . . .

XXII. And be it further enacted, by the authority aforesaid, that where any female mullite, or Indian, by law obliged to serve ’till the age of thirty or thirty-one years, shall during the time of her servitude, have any child born of her body, every such child shall serve the master or mistress of such mullite or Indian, until it shall attain the same age the mother of such child was obliged by law to serve unto.

XXIII. And be it further enacted, by the authority aforesaid, and it is hereby enacted and declared, that no free negro, mullite, or Indian whatsoever, shall hereafter have any vote at the election of burgesses, or any other election whatsoever.

Virginia Legislative Assemblies Against Slavery

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