How America Adopted Race Based Slavery

Slate

Like most huge changes, the imposition of hereditary race slavery was gradual, taking hold by degrees over many decades. It proceeded slowly, in much the same way that winter follows fall.

Lifetime servitude could be enforced only by removing the prospect that a person might gain freedom through Christian conversion. One approach was to outlaw this traditional route to freedom. As early as 1664, a Maryland statute specified that Christian baptism could have no effect upon the legal status of a slave. A more sweeping solution, however, involved removing religion altogether as a factor in determining servitude.

Therefore, another fundamental key to the terrible transformation was the shift from changeable spiritual faith to unchangeable physical appearance as a measure of status. Increasingly, the dominant English came to view Africans not as “heathen people” but as “black people.” They began, for the first time, to describe themselves not as Christians but as whites. And they gradually wrote this shift into their colonial laws. Within a generation, the English definition of who could be made a slave had shifted from someone who was not a Christian to someone who was not European in appearance. Indeed, the transition for self-interested Englishmen went further. It was a small but momentous step from saying that black persons could be enslaved to saying that Negroes should be enslaved. One Christian minister was dismayed by this rapid change to slavery based on race: “These two words, Negro and Slave” wrote the Rev. Morgan Godwyn in 1680, are “by custom grown Homogeneous and Convertible”—that is, interchangeable.

As if this momentous shift were not enough, it was accompanied by another. Those who wrote the colonial laws not only moved to make slavery racial; they also made ithereditary. Under English common law, a child inherited the legal status of the father. As Virginia officials put it in 1655: “By the Comon Law the Child of a Woman slave begot by a freeman ought to bee free.”

But within seven years that option had been removed. Faced with cases of “whether children got by any Englishman upon a negro woman should be slave or Free,” the Virginia Assembly in 1662 decided in favor of the master demanding service rather than the child claiming freedom. In this special circumstance, the Assembly ignored all English precedents that children inherited the name and status of their father. Instead, the men in the colonial legislature declared that all such children “borne in this country shal be held bond or free only according to the condition of the mother.” In Virginia, and soon elsewhere, the children of slave mothers would be slaves forever.

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