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.)
At a later date, South Carolina also enacted laws which, by court
decision, were interpreted to mean the abolition of Indian slavery. The
act of 1740[1254] stated that “all negroes, Indians (free Indians in
amity with this government, and negroes, mulattoes, or mestizoes who
are now free, excepted), mulattoes, or mestizoes, who are now or who
shall hereafter be in this province, and all their issue and offspring
born, or to be born, shall be, and they are hereby declared to be
and remain forever hereafter, absolute slaves, and shall follow the
condition of the mother.” Under this provision it has been uniformly
held that color was _prima facie_ evidence that the party bearing the
color of a negro, mulatto or mestizo, was a slave; but the same _prima
facie_ result did not follow from the Indian color, according to the
decision of the courts.[1255] After the passage of the act, Indians
and descendants of Indians were regarded as free Indians in amity with
the government, until the contrary was shown. Elsewhere in the act of
1740 it is declared that “every negro, Indian, mulatto, and mestizo
is a slave unless the contrary can be made to appear”, yet in the
same act it is immediately thereafter provided—“the Indians in amity
with this government excepted, in which case the burden of the proof
shall lie on the defendant”, that is on the person claiming the Indian
plaintiff to be a slave. This latter clause of the provision grew to be
considered the rule, and so the race of slave Indians, or of Indians
not in amity with the government, passed out of existence and the
previous part of the provision lost its application.[1256]
By an act of May 18, 1652, passed by the Commissioners of Providence
Plantations and Warwick, it was provided that “no black mankind, or
white, being forced to covenant, bond or otherwise, serve any man or
his assigns longer than ten years, or until they come to be twenty-four
years of age, if they be taken under fourteen, from the time of their
coming within the limits of this colony, and at the end or term
of ten years to set them free, as the matter is with the English
servants”.[1257] The act makes no mention of Indian slaves, doubtless
because at this early date there were not enough in the colony to
arouse interest in their condition.
When at the time of King Philip’s War Indian slaves were being
transported by Massachusetts and distributed among the settlements,
Rhode Island, March, 1676, passed a law concerning them similar to the
law of 1652 relating to negroes. This act provided that “no Indian
in this colony be a slave but only to pay their debts, or for their
bringing up, or courtesy they have received, or to perform covenant, as
if they had been countrymen not in war.”[1258]
Public-domain text, read in full here on John Shaqi.
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