History of the Negro Race in America from 1619 to 1880. Vol 1: Negroes as Slaves, as Soldiers, and as CitizensWilliams, George Washington
History
History of the Negro Race in America from 1619 to 1880. Vol 1: Negroes as Slaves, as Soldiers, and as Citizens
Williams, George Washington
African Americans -- History; Liberia; Sierra Leone
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 Assembly 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 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.[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
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.[200] But 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.
Public-domain text, read in full here on John Shaqi.
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