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
Accordingly at first there may have been some negroes who were held as
servants for a term of years, and who were discharged when they had
served their time.[68] There is no certain proof that this was so,[69]
and the probabilities are rather against it, but the conscientious
scruples of some of the early settlers make it at least possible.
In the growth of the colony, however, this feeling did not continue
strong enough to be decisive. Economic adjustment, an influx of men of
different standards, and motives of expediency, perhaps of necessity,
made the legal recognition of an inferior status inevitable. Against
this the upholders of the idea that negroes should be held only as
servants, for a term of years, waged a losing fight. It is true they
did not desist, and in the course of one hundred years their view
won a complete triumph; but their success came in abolition, and in
overthrowing a system established, long after they had utterly failed
to prevent the swift growth and the statutory recognition of legal
slavery for life and in perpetuity.
Aside from this one fundamental difference the incidents of each status
were nearly the same. The negro held for life was subject to the same
restrictions, tried in the same courts, and punished with the same
punishments as the white servant. So far as either class was subject
to special regulation at this time it was because of the laws for
the management of servants, passed in 1683 and 1693, which concerned
white servants equally with black slaves. These restrictions were as
yet neither numerous nor detailed, being largely directed against
free people who abetted servants in wrong doing. Thus, servants were
forbidden to traffic in their masters' goods; but the only penalty
fell on the receiver, who had to make double restitution. They were
restricted as to movement, and when travelling they must have a pass.
If they ran away they were punished, the white servant by extra
service, the black slave by whipping, but this different punishment for
the slave was not enacted until 1700, the beginning of the next period.
Whoever harbored them was liable to the master for damages.[70] The
relations between master and servant were likewise simple. The servant
was compelled to obey the master. If he resisted or struck the master,
he was punished at the discretion of the court. On the other hand the
servant was to be treated kindly.[71]
The period, then, prior to 1700 was characteristically a period
of servitude. The laws spoke of servants white and black.[72] The
regulations, the restrictions, the trials, the punishments, were
identical. There was only the one difference: white servants were
discharged with freedom dues at the end of a specified number of years;
for negroes there was no discharge; they were servants for life, that
is, slaves.
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