Indian slavery in colonial times within the present limits of the United StatesLauber, Almon Wheeler
History
Indian slavery in colonial times within the present limits of the United States
Lauber, Almon Wheeler
Indians of North America; Indians, Treatment of -- United States; Slavery -- United States; Thesis (Ph. D.)
In South Carolina, even after the wholesale deportation of captive
and kidnapped Indians for slaves had practically ceased, natives were
sometimes sentenced to slavery by the assembly as punishment for crime
of which the accused was convicted or suspected. Such an instance
occurred, May 29, 1725, when it was “Ordered that Colonel Alexander
Parris, Public Receiver, do forthwith sell the Indian now in jail for
the supposed murder of a white man to the northward of the province,
in order that he may be transferred to Bermuda, Jamaica or Barbadoes,
or some other of the West India Islands.”[696] Again on May 31, 1732,
“His Excellency having asked the advice of the Council in relation to
an Indian delivered up by her own nation, now in jail of this town, on
suspicion of having murdered an Indian trader; it is resolved, that
as it could not be fully proved that she was the person that murdered
the said Indian trader, but strong presumptions appearing ordered that
Colonel Parris cause her to be transported and sold, for the use of
the Publick.”[697] A similar instance occurred in Massachusetts in
1666 when the general court sentenced a Pequot to slavery for life as
punishment for the murder of a white colonist by the Indians.[698]
In Virginia, as a measure of protection to property rights upon a
complaint of damages committed by Indians, the assembly voted in
1660 that the plaintiff in the case be given the right, provided
satisfaction were not made, to sell as many Indians out of the country
as the court might prescribe.[699] Another act of similar character
was passed in 1722 after the treaty of Albany, when the assembly voted
that no Virginia Indian should cross the Potomac River, and that none
of the Five Nations or their allies should go beyond that boundary. Any
offenders were to be punished by death, or be transported and sold as
slaves.[700] In Massachusetts, also, the question of runaway slaves who
sought refuge among the Indians, led the general court, June 2, 1641,
to pass an order by which it was declared to be the mind of the court
“that if the Indians send not back our runaways, then, by commission
of the governor and any three of the magistrates, to send and take so
many as to satisfy for the want of them and for the charge of sending
for them”.[701] The order, like that of the Virginia legislature, meant
that any master might be authorized to right himself upon the Indians
for wrong done him by them.
Not only the higher courts, but the lower courts as well, were
accustomed to make use of this form of punishment. In 1678, the
court of Sandwich, Plymouth, directed that three Indians convicted
of breaking open a house and stealing therefrom, should be perpetual
slaves, and empowered the owner of the house and stolen property to
“make sale of them in New England or elsewhere, as his lawful slaves,
for the term of their lives.”[702]
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