CONSTRUCTING WHITENESS

AGAINST BLACKNESS

IN THE YEAR 1660, CHARLES II RECLAIMED
THE ENGLISH THRONE FROM REBELS WHO HAD DECAPITATED HIS FATHER A DECADE EARLIER…

THE LEGISLATION OF RACE

An Act Regarding English Running Away with Negroes
Jamestown, Virginia — 1660

BEE it enacted That in case any English servant shall run away in company with any negroes who are incapable of making satisfaction by addition of time,

Bee it enacted that the English so running away in company with them shall serve for the time of the said negroes absence as they are to do for their owne by a former act.

An Act Concerning Indians
Jamestown, Virginia — 1661

And be it further enacted that what Englishman, trader, or other shall bring in any Indians as servants and shall assigne them over to any other, shall not sell them for slaves nor for any longer time than English of the like ages should serve by act of assembly.

Negro Women’s Children to Serve According to the Condition of the Mother
Jamestown, Virginia — 1662

WHEREAS some doubts have arisen whether children got by any Englishman upon a negro woman should be slave or ffree, Be it therefore enacted and declared by this present grand assembly, that all children borne in this country shall be held bond or free only according to the condition of the mother, And that if any christian shall commit fornication with a negro man or woman, he or she so offending shall pay double the fines imposed by the former act.

An Act Declaring that Baptism of Slaves Doth Not Exempt Them from Bondage
Jamestown, Virginia — 1667

WHEREAS some doubts have risen whether children that are slaves by birth, and by the charity and piety of their owners made pertakers of the blessed sacrament of baptism, should by virtue of their baptism be made free;

It is enacted and declared by this grand assembly, and the authority thereof, that the conferring of baptism doth not alter the condition of the person as to his bondage or freedom; that diverse masters, freed from this doubt, may more carefully endeavor the propagation of christianity by permitting children, though slaves, or those of greater growth if capable to be admitted to that sacrament

Election of Burgesses by Whom
Jamestown, Virginia — 1670

WHEREAS the usual way of choosing burgesses by the votes of all persons who haveing served their time are freemen of this country who haveing little interest in the country doe oftner make tumults at the election to the disturbance of his majesties peace, then by their discretions in their votes provide for the conservasion thereof, by making choice of persons fitly qualifyed for the discharge of so great a responsibility,

And whereas the lawes of England grant a voice in such election only to such as by their estates real or personal have interest enough to tie them to the endeavor of the public good;

It is hereby enacted, that none but landowners who only are answerable to the public for the levies shall hereafter have a voice in the election of any burgesses in this country…

No Negroes nor Indians to Buy Christian Servants
Jamestown, Virginia — 1670

WHEREAS it has beene questioned whether Indians or negroes manumited, or otherwise free, could be capable of purchasing christian servants,

It is enacted that no negroe or Indian though baptised and enjoying their owne freedom shall be capable of any such purchase of christians;

But yet not debarred from buying any of their owne nation.

WHILE IN EXILE, CHARLES WITNESSED THE IMMENSE WEALTH
HIS EUROPEAN RIVALS WERE ABLE TO EXTRACT FROM AFRICA VIA
THEIR HUMAN TRAFFICKING OPERATIONS

IMMEDIATELY UPON RETURNING TO POWER, CHARLES
FOUNDED THE ROYAL AFRICAN COMPANY

SOON, HE BEGAN PRESSURING HIS COLONIES
TO ABANDON THE PURCHASING OF INDENTURED SERVANTS
AND BUY NEGROE SLAVES FROM HIM, INSTEAD

CREST OF CHARLES’ ROYAL AFRICAN COMPANY

1676

THE CAPITAL OF VIRGINIA IS BURNED TO THE GROUND
BY FREEDMEN, SERVANTS, AND SLAVES

Butts v. Penny — 1677
London, England

Thompson argued: “There can be no Property in the Person of a Man”… and cited Co. Lit. 116:
“That no Property could be in Villains but by Compact, or Conquest”…

But the Court held, that Negroes being usually bought and sold among Merchants, as Merchandise, and also being Infidels, there might be a Property in them sufficient to maintain the suit, and gave Judgment for the Plaintiff

Act for Preventing Negroes Insurrections — 1680
Jamestown, Virginia

WHEREAS the frequent meeting of considerable numbers of negroe slaves under pretense of feasts and burials is judged of dangerous consequence;

For prevention whereof for the future — it shall not be lawful for any negroe or other slave to carry or arm himself with any club, staff, gun, sword or any other weapon of defense or offense;

Nor to go or depart from of his masters ground without a certificate from his master, mistris or overseer, and such permission not to be granted but upon particular and necessary occasions;

And every negroe or slave so offending not having a certificate as aforesaid shall be sent to the next constable, who is hereby enjoyned and required to give the said negroe twenty lashes on his bare back well laid on, and so sent home to his said master, mistris or overseer.

And it is further enacted by the authority aforesaid that if any negroe or other slave shall presume to lift up his hand in opposition against any christian, shall for every such offense, upon due proof made thereof by the oath of the party before a magistrate, have and receive thirty lashes on his bare back well laid on.

And it is hereby further enacted by the authority aforesaid that if any negroe or other slave shall absent himself from his masters service and lye hid and lurking in obscure places, committing injuries to the inhabitants, and shall resist any person or persons that shall be any lawful authority by employed to apprehend and take the said negroe,

That then in case of such resistance, it shall be lawful for such person or persons to kill the said negroe or slave who is resisting,

And that this law be once every six months published at the respective county courts and parish churches within this colony.

An Act to Repeal a Former Law Making Indians and Others Free
Jamestown, Virginia — 1682

It is enacted that all servants not being christians, being imported into this country by shipping (Africans) shall be slaves, but what shall come by land (Indigenous) shall serve if boys and girls until thirty years of age, if men or women, twelve years and no longer…

And be it further enacted by the authority aforesaid that all servants except Turks and Moors, while in amity with his majesty which from and after publication of this act shall be brought or imported into this country, either by sea or land, whether Negroes, Moors, Mollattoes or Indians, who and whose parentage and native country are not christian at the time of their first purchase of such servant by some christian, although afterwards, and before such their importation and bringing into this country, they shall be converted to the christian faith;

And all Indians which shall hereafter be sold by our neighboring Indians, or any other trafficking with us as for slaves are hereby adjudged, deemed and taken, and shall be adjudged, deemed and taken to be slaves to all intents and purposes, any law, usage or custom to the contrary notwithstanding

An Act for Suppressing Outlying Slaves
Jamestown, Virginia — 1691

WHEREAS many times negroes, mulattoes, and other slaves unlawfully absent themselves from their masters and mistresses service, and lie hid and lurk in obscure places killing hogs and committing other injuries to the inhabitants of this dominion, for remedy whereof for the future

Be it enacted by their majesties lieutenant governor, council and burgesses of this present general assembly, and the authority thereof, and it is hereby enacted, that in all such cases upon intelligence of any such negroes, mulattoes, or other slaves lying out, two of their majesties justices of the peace of that county, whereof one to be of the quorum, where such negroes, mulattoes or other slave shall be, shall be empowered and commanded,

And are hereby empowered and commanded to issue out their warrants directed to the sherrif of the same county to apprehend such negroes, mulattoes, and other slaves, which said sherriff is hereby likewise required upon all such occasions to raise such and so many forces from time to time as he shall think convenient and necessary for the effectual apprehending such negroes, mulattoes and other slave, and in case any negroes, mulattoes or other slaves or slaves lying out as aforesaid shall resist, runaway, or refuse to deliver and surrender him or themselves to any person or persons that shall be by lawful authority employed to apprehend and take such negroes, mulattoes or other slaves that in such cases it shall and may be lawful for such person and persons to kill and destroy such negroes, mulattoes, and other slave or slaves by gun or any otherwise whatsoever.

Provided that where any negroe or mulattoe slave or slaves shall be killed in pursuance of this act, the owner or owners of such negro or mulatto slave shall be paid for such negro or mulatto slave four thousand pounds of tobacco by the public.

And for prevention of that abominable mixture and spurious issue which hereafter may increase in this dominion, as well by negroes, mulattoes, and Indians intermarrying with English, or other white women, as by their unlawful accompanying with one another,

Be it enacted by the authority aforesaid, and it is hereby enacted, that for the time to come, whatsoever English or other white man or woman being free shall intermarry with a negroe, mulatto, or Indian man or woman bond or free shall within three months after such marriage be banished and removed from this dominion forever, and that the justices of each respective county within this dominion make it their particular care, that this act be put in effectual execution.

And be it further enacted by the authority aforesaid, and it is hereby enacted, That if any English woman being free shall have a bastard child by any negro or mulatto, she pay the sum of fifteen pounds sterling, within one month after such bastard child be born, to the Church wardens of the parish where she shall be delivered of such child, and in default of such payment she shall be taken into the possession of the said Church wardens and disposed of for five years, and the said fine of fifteen pounds, or whatever the woman shall be disposed of for, shall be paid, one third part to their majesties for and towards the support of the government and the contingent charges thereof, and one other third part to the use of the parish where the offense is committed, and the other third part to the informer, and that such bastard child be bound out as a servant by the said Church wardens until he or she shall attain the age of thirty years;

And in case such English woman that shall have such bastard child be a servant, she shall be sold by the said church wardens, (after her time is expired that she ought by law to serve her master) for five yeares, and the money she shall be sold for divided as is before appointed, and the child to serve as aforesaid.

And for as much as great inconveniences may happen to this country by the setting of negroes and mulattoes free, by their either entertaining negro slaves from their masters service, or receiving stolen goods, or being grown old bringing a charge upon the country; for prevention thereof,

Be it enacted by the authority aforesaid, and it is hereby enacted, That no negro or mulatto be after the end of this present session of assembly set free by any person or persons whatsoever, unless such person or persons, their heirs, executors or administrators pay for the transportation of such negro or negroes out of the country within six months after such setting them free, upon penalty of paying of ten pounds sterling to the Church wardens of the parish where such person shall dwell with, which money, or so much thereof as shall be necessary, the said Church wardens are to cause the said negro or mulatto to be transported out of the country, and the remainder of the said money to employ to the use of the poor of the parish.

An Act Concerning Servants and Slaves
Jamestown, Virginia — 1705

IV. And also be it enacted, by the authority aforesaid, and it is hereby enacted, That all servants imported and brought into this country, by sea or land, who were not christians in their native country, (except Turks and Moors in amity with her majesty, and others that can make due proof their being free in England, or any other christian country, before they were shipped, in order to transportation hither (shall be accounted and be slaves, and as such be here bought and sold notwithstanding a conversion to christianity afterwards.

V. And be it enacted, by the authority aforesaid, and it is hereby enacted, That if any person or persons shall hereafter import into this colony, and here sell as a slave, any person or persons that shall have been a freeman in any christian country, island, or plantation, such importer and seller as aforesaid, shall forfeit and pay, to the party from who the said freeman shall recover his freedom, double the sum for which the said freeman was sold. To be recovered, in any court of record within this colony, according to the course of the common law, wherein the defendant shall not be admitted to plead in bar, any act or statute for limitation of actions.

VI. Provided always, That a slave's being in England, shall not be sufficient to discharge him of his slavery, without other proof of his being manumitted there.

XI. And for a further christian care and usage of all christian servants, Be it also enacted, by the authority aforesaid, and it is hereby enacted, That no negros, mulattos, or Indians, although christians, or Jews, Moors, Mahometans, or other infidels, shall, at any time, purchase any christian servant, nor any other, except of their own complexion, or such as are declared slaves by this act: And if any negro, mulatto, or Indian, Jew, Moor, Mahometan, or other infidel, or such as are declared slaves by this act, shall, notwithstanding, purchase any christian white servant, the said servant shall, ipso facto, become free and acquit from any service then due, and shall be so held, deemed, and taken: And if any person, having such christian servant, shall intermarry with any such negro, mulatto, or Indian, Jew, Moor, Mahometan, or other infidel, every christian white servant of every such person so intermarrying, shall, ipso facto, become free and acquit from any service then due to such master or mistress so intermarrying, as aforesaid.

XV. And also be it enacted, by the authority aforesaid, and it is hereby enacted, That no person whatsoever shall, buy, sell, or receive of, to, or from, any servant, or slave, any coin or commodity whatsoever, without the leave, licence, or consent of the master or owner of the said servant, or slave: And if any person shall, contrary hereunto, without the leave or licence aforesaid, deal with any servant, or slave, he or she so offending, shall be imprisoned one calender month, without bail or main-prize; and then, also continue in prison, until he or she shall find good security, in the sum of ten pounds current money of Virginia, for the good behaviour for one year following; wherein, a second offence shall be a breach of the bond; and moreover shall forfeit and pay four times the value of the things so bought, sold, or received, to the master or owner of such servant, or slave: To be recovered, with costs, by action upon the case, in any court of record in this her majesty's colony and dominion, wherein no essoin, protection, or wager of law, or other than one imparlance, shall be allowed.

XVI. Provided always, and be it enacted, That when any person or persons convict for dealing with a servant, or slave, contrary to this act, shall not immediately give good and sufficient security for his or her good behaviour, as aforesaid: then in such case, the court shall order thirty-nine lashes, well laid on, upon the bare back of such offender, at the common whipping-post of the county, and the said offender to be thence discharged of giving such bond and security.

XVIII. And if any woman servant shall have a bastard child by a negro, or mulatto, over and above the years service due to her master or owner, she shall immediately, upon the expiration of her time to her then present master or owner, pay down to the church-wardens of the parish wherein such child shall be born, for the use of the said parish, fifteen pounds current money of Virginia, or be by them sold for five years, to the use aforesaid: And if a free christian white woman shall have such bastard child, by a negro, or mulatto, for every such offence, she shall, within one month after her delivery of such bastard child, pay to the church-wardens for the time being, of the parish wherein such child shall be born, for the use of the said parish fifteen pounds current money of Virginia, or be by them sold for five years to the use aforesaid: And in both the said cases, the church-wardens shall bind the said child to be a servant, until it shall be of thirty one years of age.

XIX. And for a further prevention of that abominable mixture and spurious issue, which hereafter may increase in this her majesty's colony and dominion, as well by English, and other white men and women intermarrying with negroes or mulattos, as by their unlawful coition with them, Be it enacted, by the authority aforesaid, and it is hereby enacted, That whatsoever English, or other white man or woman, being free, shall intermarry with a negro or mulatto man or woman, bond or free, shall, by judgment of the county court, be committed to prison, and there remain, during the space of six months, without bail or mainprize; and shall forfeit and pay ten pounds current money of Virginia, to the use of the parish, as aforesaid.

XX. And be it further enacted, That no minister of the church of England, or other minister, or person whatsoever, within this colony and dominion, shall hereafter wittingly presume to marry a white man with a negro or mulatto woman; or to marry a white woman with a negro or mulatto man, upon pain of forfeiting and paying, for every such marriage the sum of ten thousand pounds of tobacco; one half to our sovereign lady the Queen, her heirs and successors, for and towards the support of the government, and the contingent charges thereof; and the other half to the informer; To be recovered, with costs, by action of debt, bill, plaint, or information, in any court of record within this her majesty's colony and dominion, wherein no essoin, protection, or wager of law, shall be allowed.

XXIII. And for encouragement of all persons to take up runaways, Be it enacted, by the authority aforesaid, and it is hereby enacted, That for the taking up of every servant, or slave, if ten miles, or above, from the house or quarter where such servant, or slave was kept, there shall be allowed by the public, as a reward to the taker-up, two hundred pounds of tobacco; and if above five miles, and under ten, one hundred pounds of tobacco: Which said several rewards of two hundred, and one hundred pounds of tobacco, shall also be paid in the county where such taker-up shall reside, and shall be again levied by the public upon the master or ownmer of such runaway, for re-imbursement of the public, every justice of the peace before whom such runaway shall be brought, upon the taking up, shall mention the proper-name and sur-name of the taker-up, and the county of his or her residence, together with the time and place of taking up the said runaway; and shall also mention the name of the said runaway, and the proper-name and sur-name of the master or owner of such runaway, and the county of his or her residence, together with the distance of miles, in the said justice's judgment, from the place of taking up the said runaway, to the house or quarter where such runaway was kept.

XXIV. Provided, That when any negro, or other runaway, that doth not speak English, and cannot, or through obstinacy will not, declare the name of his or her masters or owner, that then it shall be sufficient for the said justice to certify the same, instead of the name of such runaway, and the proper name and sur-name of his or her master or owner, and the county of his or her residence and distance of miles, as aforesaid; and in such case, shall, by his warrant, order the said runaway to be conveyed to the public gaol, of this country, there to be continued prisoner until the master or owner shall be known; who, upon paying the charges of the imprisonment, or giving caution to the prison-keeper for the same, together with the reward of two hundred or one hundred pounds of tobacco, as the case shall be, shall have the said runaway restored.

XXV. And further, the said justice of the peace, when such runaway shall be brought before him, shall, by his warrant commit the said runaway to the next constable, and therein also order him to give the said runaway so many lashes as the said justice shall think fit, not exceeding the number of thirty-nine; and then to be conveyed from constable to constable, until the said runaway shall be carried home, or to the country gaol, as aforesaid, every constable through whose hands the said runaway shall pass, giving a receipt at the delivery; and every constable failing to execute such warrant according to the tenor thereof, or refusing to give such receipt, shall forefeit and pay two hundred pounds of tobacco to the church-wardens of the parish wherein such failure shall be, for the use of the poor of the said parish: To be recovered, with costs, by action of debt, in any court of record in this her majesty's colony and dominion, wherein no essoin, protection or wager of law, shall be allowed. And such corporal punishment shall not deprive the master or owner of such runaway of the other satisfaction here in this act appointed to be made upon such servant's running away.

XXIX. And be it enacted, by the authority aforesaid, and it is hereby enacted, That if any constable, or sheriff, into whose hands a runaway servant or slave shall be committed, by virtue of this act, shall suffer such runaway to escape, the said constable or sheriff shall be liable to the action of the party agrieved, for recovery of his damages, at the common law with costs.

XXXII. And also be it enacted, by the authority aforesaid, and it is hereby enacted, That no master, mistress, or overseer of a family, shall knowingly permit any slave, not belonging to him or her, to be and remain upon his or her plantation, above four hours at any one time, without the leave of such slave's master, mistress, or overseer, on penalty of one hundred and fifty pounds of tobacco to the informer; cognizable by a justice of the peace of the county wherein such offence shall be committed.

XXXIV. And if any slave resist his master, or owner, or other person, by his or her order, correcting such slave, and shall happen to be killed in such correction, it shall not be accounted felony; but the master, owner, and every such other person so giving correction, shall be free and acquit of all punishment and accusation for the same, as if such incident had never happened: And also, if any negro, mulatto, or Indian, bond or free, shall at any time, lift his or her hand, in opposition against any christian, not being negro, mulatto, or Indian, he or she so offending shall, for every such offence, proved by the oath of the party, receive on his or her bare back, thirty lashes, well laid on; cognizable by a justice of the peace for that county wherein such offence shall be committed.

XXXV. And also be it enacted, by the authority aforesaid, and it is hereby enacted, That no slave go armed with gun, sword, club, staff, or other weapon, nor go from off the plantation and seat of land where such slave shall be appointed to live, without a certificate of leave in writing, for so doing, from his or her master, mistress, or overseer: And if any slave shall be found offending herein, it shall be lawful for any person or persons to apprehend and deliver such slave to the next constable or head-borough, who is hereby enjoined and required, without further order or warrant, to give such slave twenty lashes on his or her bare back well laid on, and so send him or her home: And all horses, cattle, and hogs, now belonging, or that hereafter shall belong to any slave, or of any slaves mark in this her majesty's colony and dominion, shall be seised and sold by the church-wardens of the parish, wherein such horses, cattle, or hogs shall be, and the profit thereof applied to the use of the poor of the said parish: And also, if any damage shall be hereafter committed by any slave living at a quarter where there is no christian overseer, the master or owner of such slave shall be liable to action for the trespass and damage, as if the same had been done by him or herself.

XXXVI. And also it is hereby enacted and declared, That baptism of slaves doth not exempt them from bondage; and that all children shall be bond or free, according to the condition of their mothers, and the particular direction of this act.

XXXVII. And whereas, many times, slaves run away and lie out, hid or lurking in swamps, woods, and other obscure places, killing hogs, and committing other injuries to the inhabitants of this her majesty's colony and dominion, Be it therefore enacted, by the authority aforesaid, and it is hereby enacted, That in all such cases, upon intelligence given of any slaves lying out, as aforesaid, any two justices (Quorum unus) of the peace of the county wherein such slave is supposed to lurk or do mischief, shall be and are impowered and required to issue proclamation against all such slaves, reciting their names, and owners names, if they are known, and thereby requiring them, and every of them, forthwith to surrender themselves; and also impowering the sheriff of the said county, to take such power with him, as he shall think fit and necessary, for the effectual apprehending such out-lying slave or slaves, and go in search of them: Which proclamation shall be published on a Sabbath day, at the door of every church and chapel, in the said county, by the parish clerk, or reader, of the church, immediately after divine worship: And in case any slave, against whom proclamation hath been thus issued, and once published at any church or chapel, as aforesaid, stay out, and do not immediately return home, it shall be lawful for any person or persons whatsoever, to kill and destroy such slaves by such ways and means as he, she, or they shall think fit, without accusation or impeachment of any crime for the same: And if any slave, that hath run away and lain out as aforesaid, shall be apprehended by the sheriff, or any other person, upon the application of the owner of the said slave, it shall and may be lawful for the county court, to order such punishment to the said slave, either by dismembring, or any other way, not touching his life, as they in their discretion shall think fit, for the reclaiming any such incorrigible slave, and terrifying others from the like practices.

XXXVIII. Provided Always, and it is further enacted, That for every slave killed, in pursuance of this act, or put to death by law, the master or owner of such slave shall be paid by the public:

XXXIX. And to the end, the true value of every slave killed, or put to death, as aforesaid, may be the better known; and by that means, the assembly the better enabled to make a suitable allowance thereupon, Be it enacted, That upon application of the master or owner of any such slave, to the court appointed for proof of public claims, the said court shall value the slave in money, and the clerk of the court shall return a certificate thereof to the assembly, with the rest of the public claims.

XL. And for the better putting this act in due execution, and that no servants or slaves may have pretense of ignorance hereof, Be it also enacted, That the church-wardens of each parish in this her majesty's colony and dominion, at the charge of the parish, shall provide a true copy of this act, and cause entry thereof to be made in the register book of each parish respectively; and that the parish clerk, or reader of each parish, shall, on the first sermon Sundays in September and March, annually, after sermon or divine service is ended, at the door of every church and chapel in their parish, publish the same; and the sheriff of each county shall, at the next court held for the county, after the last day of February, yearly, publish this act, at the door of the court-house: And every sheriff making default herein, shall forfeit and pay six hundred pounds of tobacco; one half to her majesty, her heirs, and successors, for and towards the support of the government; and the other half to the informer. And every parish clerk, or reader, making default herein, shall, for each time so offending, forfeit and pay six hundred pounds of tobacco; one half whereof to be to the informer; and the other half to the poor of the parish, wherein such omission shall be : To be recovered, with costs, by action of debt, bill, plaint, or information, in any court of record in this her majesty's colony and dominion, wherein no essoin, protection, or wager of law, shall be allowed.

XLI. And be it further enacted, That all and every other act and acts, and every clause and article thereof, heretofore made, for so much thereof as relates to servants and slaves, or to any other matter or thing whatsoever, within the purview of this act, is and are hereby repealed, and made void, to all intents and purposes, as if the same had never been made.

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