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
In the period following 1700 this difference gradually became apparent,
and made necessary different treatment and distinct laws. This
resulted from a recognition of the dissimilarity in character between
property based on temporary service and that based on service for
life. In the first place perpetual service gave rise to a new class of
slaves. At first the only ones in Pennsylvania were such negroes as
were imported and sold for life. But after a time children were born
to them. These children were also slaves, because ownership of a negro
held for life involved ownership of his offspring also, since, the
negro being debarred by economic helplessness from rearing children,
all of his substance belonging to his master, the master must assume
the cost of rearing them, and might have the service of the children
as recompense.[73] This was the source of the second and largest class
of slaves. The child of a slave was not necessarily a slave if one
of the parents was free. The line of servile descent lay through the
mother.[74] Accordingly the child of a slave mother and a free father
was a slave, of a free mother and a slave father a servant for a term
of years only. The result of the application of this doctrine to the
offspring of a negro and a white person was that mulattoes were divided
into two classes. Some were servants for a term of years; the others
formed a third class of slaves.
In the second place perpetual service gave to slave property more of
the character of a thing, than was the case when the time of service
was limited. The service of both servants and slaves was a thing,
which might be bought, sold, transferred as a chattel, inherited and
bequeathed by will; but in the case of a slave, the service being
perpetual, the idea of the service as a thing tended to merge into
the idea of the slave himself as a thing. The law did not attempt to
carry this principle very far. It never, as in Virginia, declared the
slave real estate. In Pennsylvania he was emphatically both person and
thing, with the conception of personality somewhat predominating.[75]
Yet there was felt to be a decided difference between the slave and the
servant, and this, together with the desire to regulate the slave as a
negro distinguished from a white man, was the cause of the distinctive
laws of the second period.
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