George Williams - History of the Negro Race in America from 1619 to 1880 (Vol. 1&2)

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, 180the 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," 181in the colony. If found with a "gun, sword, club, staff, or other weopon," 182they 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; 183but 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. 184If 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. 185If a slave remained on another plantation more than four hours, his master was liable to a fine of two hundred pounds of tobacco. 186And 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. 187If a slave had earned and owned a horse and buggy, it was lawful to seize them; 188and 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;" 190but this was modified somewhat in 1732, when Negroes, Indians, and Mulattoes were admitted as witnesses in the trial of slaves. 191In 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. 192And, 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. 193More 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;" 194but, where one slave was guilty of manslaughter in killing another slave, he was allowed the benefit of clergy. 195In 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." 196And 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. 198For 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. 199If 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. 200But 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. 201If slave women came in possession of their freedom, the law sought them out, and required of them to pay taxes; 202a 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." 203Perhaps 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. 204They 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. 205They 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; 206and 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. 207And 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. 208Instead 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." 209It was as late as 1756 before any white minister had the piety and courage to demand instruction for the slaves. 210The 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:—