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
Such was the legal status of the slave in Pennsylvania. Before 1700 it
was ill defined, but probably much like that of the servant, having
only the distinctive incident of perpetual service, and the developing
incident of the transmission of servile condition to offspring.
Gradually it became altogether different. To the slave now appertained
a number of incidents of lower status. He was tried in separate courts,
subject to special judges, and punished with different penalties.
Admixture with white people was sternly prohibited. He was subject to
restrictions upon movement, conduct, and action. He could be corrected
with corporal punishment. The slave legislation of Pennsylvania
involved discriminations based both upon inferior status, and what
was regarded as inferior race. Nevertheless it will be shown that in
most respects the punishments and restrictions imposed upon negro
slaves were either similar to those imposed upon white servants, or
involved discriminations based upon the inability of the slave to pay
a fine, and upon the fact that mere imprisonment punished the master
alone. Moreover, what harshness there was must be ascribed partly to
the spirit of the times, which made harsher laws for both white men
and black men. The slave code almost never comprehended any cruel or
unusual punishments. As a legal as well as a social system slavery in
Pennsylvania was mild.
FOOTNOTES:
/#[7.2,70]
[52] Throughout this work the fundamental distinction between the
words "slave" and "servant," as used in the text, is that
"slave" denotes a person held for life, "servant" a person
held for a term of years only.]
[53] _Cf._ O'Callaghan, _Voyages of the Slavers St. John and
Arms of Amsterdam_, etc., 100, for a bill of sale, 1646.
Sprinchorn, _Kolonien Nya Sveriges Historia_, 217.]
[54] MS. Record of the Court at Upland in Penn., Sept. 25, 1676.]
[55] "No Christian shall be kept in Bondslavery villenage or
Captivity, Except Such who shall be Judged thereunto by
Authority, or such as willingly have sould, or shall sell
themselves," ... _Laws of the Province of Pennsylvania ...
preceded by the Duke of York's Laws_, etc., 12. This is not to
prejudice any masters "who have ... Apprentices for Terme of
Years, or other Servants for Term of years or Life." _Ibid._,
12. Another clause directs that "No Servant, except such are
duly so for life, shall be Assigned over to other Masters
... for above the Space of one year, unless for good reasons
offered". _Ibid._, 38.]
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