Slavery in Pennsylvania: A Dissertation Submitted to the Board of University Studies of the Johns Hopkins University in Conformity with the Requirements for the Degree of Doctor of Philosophy, 1910Turner, Edward Raymond
History
Slavery in Pennsylvania: A Dissertation Submitted to the Board of University Studies of the Johns Hopkins University in Conformity with the Requirements for the Degree of Doctor of Philosophy, 1910
It is probable that slavery existed among the Dutch of New Netherland,
and possibly among the Swedes along the Delaware.[53] In 1664 their
settlements passed under English authority. To regulate them the
so-called "Duke of York's Laws" were promulgated. Meanwhile around the
estuary of the Delaware English colonists were settling with their
negroes. In 1676, five years before Penn set out for his territories,
the Duke's laws seem to have been obeyed in part of the Delaware River
country.[54] In these laws servants for life are explicitly mentioned.
In them it is also ordained that no Christian shall be held in bond
slavery or villenage.[55] This latter may be a tacit permission to hold
heathen negroes as slaves.
Not much can be based upon the Duke of York's laws since their meaning
upon this latter point is doubtful. Moreover, when Penn founded his
colony they were superseded after a short time by laws enacted in
Pennsylvania assemblies. In the years following at first no act was
passed recognizing slavery, but that some slaves were held there
is apparent. Numerous little pieces of evidence may be accumulated
indicating that there were negroes who were not being held as servants
for a term of years, nor does anything appear to indicate that this
was looked upon as illegal.[56] In 1685 William Penn, writing to his
steward at Pennsbury, said that it would be better to have blacks to
work the place, since they might be held for life.[57] In the same
year by the terms of a recorded deed a negro was sold to a new master
"forever."[58] Three years later the Friends of Germantown issued
their celebrated protest against slavery,[59] while in 1693 George
Keith denounced the practice of enslaving men and holding them in
perpetual bondage.[60] Meanwhile no law was made authorizing slavery
in the colony, and no court seems to have been called upon to decide
whether slavery was legal. It is not until 1700 that a statute was
passed bearing upon the subject. In that year a law for the regulation
of servants contains a section designed to prevent the embezzlement by
servants of their masters' goods. This section asserts that the servant
if white shall atone for such theft by additional servitude at the end
of his time sufficient to pay for double the value of the goods; but
if black he shall be severely whipped in the most public place of the
township.[61] It is probable that the law was so worded because it had
come to be seen that there were few cases in which a negro could give
satisfaction by additional time at the end of his term, since negroes
were being held for life. If such be the case, this law may be said to
contain the formal recognition of slavery in the colony.
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