The Evolution of the Virginia Laws of Servitude and Slavery (1643-1691)

This lesson can be used with The United States: An Open Ended History, a free online textbook.  Adapted in part from open sources.

Virginia laws of servitude and slavery (1643-1691): These laws attempted to set boundaries between different categories of people in Virginia.

  1. In your own words, briefly summarize what each law is saying.
  2. What categories of people are described in these laws?  Note especially when the category of a “white” person was invented, as well as words used to describe people of European descent before its first use. 
  3. According to these laws, how does a child become a slave?
  4. By 1691, is there a such thing as a free black person legally living in Virginia?
  5. Was there a “white” before there was slavery?  What does this evidence seem to suggest about race in America – did it occur naturally or was it invented?

March 1643

Whereas there are divers loytering runaways in the collony who very often absent themselves from their masters service, And sometimes in two or three monthes cannot be found, whereby their said masters are at great charge in finding them, And many times even to the loss of their year’s labour before they be had, Be it therefore enacted and confirmed that all runaways that shall absent themselves from their said masters service shall be lyable to make satisfaction by service at the end of their tymes by indenture double the tyme of service soe neglected, And in some cases more if the comissioners for the place appointed shall find it requisite and convenient. And if such runaways shall be found to transgresse the second time or oftener (if it shall be duely proved against them) that then they shall be branded in the cheek with the letter R. and passe under the statute of incorrigible rogues.

December 1662

WHEREAS some doubts have arrisen whether children got by any Englishman upon a negro woman should be slave or ffree, Be it therefore enacted and declared by this present grand assembly, that all children borne in this country shalbe held bond or free only according to the condition of the mother, And that if any christian shall committ ffornication with a negro man or woman, hee or shee soe offending shall pay double the ffines imposed by the former act.

September 1667

WHEREAS some doubts have risen whether children that are slaves by birth, and by the charity and piety of their owners made pertakers of the blessed sacrament of baptisme, should by vertue of their baptisme be made ffree; It is enacted and declared by this grand assembly, and the authority thereof, that the conferring of baptisme doth not alter the condition of the person as to his bondage or ffreedome; that diverse masters, ffreed from this doubt, may more carefully endeavour the propagation of christianity by permitting children, though slaves, or those of greater growth if capable to be admitted to that sacrament.

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Virginian Luxuries, a painting by an anonymous artist, 1810.

October 1670

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

June 1680

WHEREAS the frequent meeting of considerbale numbers of negroe slaves under pretence of feasts and burialls is judged of dangerous consequence; for prevention whereof for the future, Bee it enacted by the kings most excellent majestie by and with the consent of the generall assembly, and it is hereby enacted by the authority foresaid, that from and after the publication of this law, it shall not be lawfull for any negroe or other slave to carry or arme himselfe with any club, staffe, gunn, sword or any other weapon of defence or offence, nor to goe or depart from of his masters ground without a certificate from his master, mistris or overseer and such permission not to be granted but upon perticuler and necessary occasions; and every negroe or slave soe offending not haveing a certificate as aforesaid shalbe sent to the next constable, who is hereby enjoyned and required to give the said negroe twenty lashes on his bare back well layd on, and soe sent home to his said master, mistris or overseer. 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 proofe made thereof by the oath of the party before a magistrate, have and receive thirty lashes on his bare back well laid on. And it is hereby further enacted by the authority aforesaid that if any negroe or other slave shall absent himself from his masters service and lye hid and lurking in obscure places, comitting injuries to the inhabitants, and shall resist any person or persons that shalby any lawfull authority by imployed to apprehend and take the said negroe, that then in case of such resistance, it shalbe lawfull for such person or persons to kill the said negroe or slave soe lying out and resisting, and that this law be once every six months published at the respective county courts and parish churches within this colony.

3-tobacco-plantation-granger

April 1691

And for prevention of that abominable mixture and spurious issue which hereafter may encrease in this dominion, as well by negroes, mulattoes, and Indians intermarrying with English, or other white women, as by their unlawfull accompanying with one another, Be it enacted by the authoritie 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 countie within this dominion make it their perticular care that this act be put in effectuall execution. And be it further enacted by the authoritie 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 sume of fifteen pounds sterling, within one moneth after such bastard child be born, to the Church wardens of the parish where she shall be delivered of such child, and in default of such payment she shall be taken into the possession of the said Church wardens and disposed of for five yeares, and the said fine of fifteen pounds, or whatever the woman shall be disposed of for, shall be paid, one third part to their majesties for and towards the support of the government and the contingent charges thereof, and one other third part to the use of the parish where the offence is committed, and the other third part to the informer, and that such bastard child be bound out as a servant by the said Church wardens untill he or she shall attaine the age of thirty yeares, 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 ought by law to serve her master) for five yeares, 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 receiveing 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 heires, executors or administrators pay for the transportation of such negro or negroes out of the countrey within six moneths after such setting them free, upon penalty of paying of tenn pounds sterling to the Church wardens of the parish where such person shall dwell with, which money, or so much thereof as shall be necessary, the said Church wardens are to cause the said negro or mulatto to be transported out of the countrey, and the remainder of the said money to imploy to the use of the poor of the parish.

 

In The Trenches: Harper’s Weekly Covers the Philippine-American War

This lesson is a part of a larger unit on the Philippines: At the Crossroads of the World.  
This lesson was reported from:

The Philippine–American War was an armed conflict between the First Philippine Republic and the United States that lasted from February 4, 1899, to July 2, 1902. While Filipino nationalists viewed the conflict as a continuation of the struggle for independence that began in 1896 with the Philippine Revolution, the U.S. government regarded it as an insurrection. The conflict arose when the First Philippine Republic objected to the terms of the Treaty of Paris under which the United States took possession of the Philippines from Spain, ending the short Spanish–American War.  The war resulted in the deaths of at least 200,000 Filipino civilians, mostly due to famine and disease.  Some estimates for total civilian dead reach up to 1,000,000.  Harper’s Weekly, A Journal of Civilization was a widely read news magazine which offered extensive coverage of the war for its American readers.  One of its most prominent correspondents during that war was John F. Bass, the author of this dispatch from Manila in March, 1899, a month after open hostilities between the Filipinos and the occupying American army commenced.

Answer the following questions using details from the text to support your answers:

  1. To whom does Bass assign blame for the war?
  2. What does Bass think of the American project of bringing self-government and civilization to the Philippines?
  3. What are Bass’s ideas about race?  How does this shape his understanding of the war?
  4. Does he seem to think that the Americans deserve their bad reputation among the insurgents?
  5. What is the purpose of Bass’s anecdote about the Spaniard?
An excerpt from “In The Trenches” by John F. Bass, originally published in Harper’s Weekly.
Manila, March 9, 1899.
john bass
John F. Bass was a correspondent for the American magazine Harper’s Weekly, covering the Philippine-American War from Manila. He is pictured here with a cage full of homing pigeons which he used to file breaking news dispatches from the field.

New comers in Manila keep asking where the blame lies for this outbreak. Is the responsibility alike for American and Filipino deaths with our government or with the leaders of the Filipino people? At such a time as this it is difficult for a good American not to throw the blame on Aguinaldo and his followers. The American army has done so well that one feels like overlooking the past. Although the true cause does not lie within the scope of any generalization, but rather in a multitude of small detached facts, still I believe that the fundamental reason for our present fight lies in an unrestrained race antipathy. Americans differ so absolutely in mind, body, and soul from Filipinos that the two could not live together in harmony under the then existing conditions. First among these conditions was an American and a Filipino volunteer force, both more or less undisciplined and longing to jump at each other’s throats; and, secondly, a want of any consistent policy in our government. Moreover, both American and Filipino leaders have been so provincial in their point of view that at no time during the military occupation of Manila has the least good feeling existed between the American and Filipino governments. We have ignored Aguinaldo and his followers in so far as it is possible to ignore an army which for months has been encircling Manila in a peaceful siege. Aguinaldo has stuck out through thick and thin for the independence of his people. Instead of getting what he wanted, he received the hard-and-fast declaration of our President that the islands were American property, that the army would proceed to take possession of them, and that any one resisting our authority would be suppressed by force of arms. Since this manifesto was issued there has been no hope of a peaceful settlement.

Image result for wilcox harper's weekly philippines
Illustration from Harper’s Weekly, April 24, 1899 edition, drawn by G.W. Peters.

The bone of contention is the sovereignty of the islands. It is said that the Filipinos will not be able to establish a good government, but the same argument would apply to many of our own communities at home which have wretched local self-government. Much as one may dislike the native – and I must say that I have never met with a more unlovable people – it is important occasionally to get his point of view. No doubt the government which the natives would establish would not please the Anglo-Saxon, but would it not be good enough for the natives themselves?

The natives soon learned to dislike us. We plastered the town from end to end with beer and whiskey advertisements. And, so far, Americans who have followed the army have their time and money into saloons. No other business attracts them. According to native standards, the American soldier has been rough and tyrannical, while from our point of view the natives have been tricky and dishonest. The extreme East and the extreme West have learned to hate each other. The importance of these things is great as indicating what the future has in store. The immediate cause of the outbreak was that the insurgent officers and soldiers, being under less control than our men, became so hostile and insulting that we had either to fight or to leave the islands. The outbreak was hastened and made inevitable by the unsettled state of public opinion in the United States, the absence of any fixed policy in Washington, and the consequent contradictory and restricting orders on our local government in Manila. The fact of the matter is that the policy of ignoring the insurgents completely has had its origin in Washington. It reminds one of the ultra-idealistic philosopher who ignored the hard-and-fast world of environment, and while absorbed in thought bumped his head against a stone wall. The insurgent government is here and must be dealt with.

iloilo
Harper’s Weekly, A Journal of Civilization – “Our New Citizens – A Native Family in Iloilo,” January 14, 1899.

Formerly we might have compromised with them; now we must crush them. There are a few men of education and ability who are managing the insurrection; the rest of the army follows blindly, misled by false reports about our cruelty, and they look upon us now as a species of ogre. We have fallen heir to the hatred which the natives felt for the Spaniards, and the same stories are told about us that were told about our predecessors. The Spaniards and the priests have done what they could to make trouble by circulating false reports in both camps. These reports have been believed by the insurgents and in many instances by our own officers.

The Spaniards are jubilant over the present state of affairs. One of them said to me:

“I speak to you as a Spaniard and an enemy of the United States. If fifty insurgents are killed, good; if the insurgents kill one hundred Americans, better; if the Americans in turn kill two hundred insurgents, best all.”

Read more on this subject -> The Origins of the Philippine-American War  ◦  The Brutality of the Philippine-American War  ◦  The Philippines in the American Empire  ◦  “The White Man’s Burden”: Kipling’s Hymn to U.S. Imperialism  ◦  Stereoscopic Visions of War and Empire  ◦  In The Trenches: Harper’s Weekly Covers the Philippine-American War Ninoy and Marcos – “A Pact with the Devil is No Pact at All.”

FURTHER READING

Harper’s History of the War in the Philippines edited by Marrion Wilcox.

History of the Philippines: From Indios Bravos to Filipinos by Luis Francia.

hawaii annex

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Read more of Harper’s Weekly’s coverage of the Philippine-American War.

Trading Card Propaganda: Winning Over the Children of the Revolution

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Adapted in part from open sources.

Continue reading “Trading Card Propaganda: Winning Over the Children of the Revolution”

The Dubai Mall, Sharia Law, and Social Norms: No Short-Shorts, No PDA

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Continue reading “The Dubai Mall, Sharia Law, and Social Norms: No Short-Shorts, No PDA”