History of the Negro Race in America
Chapter 18 : The Negro of this country can turn to his Saxon brothers and say, as Joseph said to his

The Negro of this country can turn to his Saxon brothers and say, as Joseph said to his brethren who wickedly sold him, "As for you, ye meant it unto evil but G.o.d meant it unto good; that we, after learning your arts and sciences, might return to Egypt and deliver the rest of our brethren who are yet in the house of bondage."

That day will come! Her chains will be severed by the sword of civilization and liberty. Science will penetrate her densest forests, and climb her loftiest mountains, and discover her richest treasures. The Sun of righteousness, and the star of peace shall break upon her sin-clouded vision, and smile upon her renewed households The anthem of the Redeemer's advent shall float through her forests, and be echoed by her mountains. Those dusky children of the desert, who now wander and plunder, will settle to quiet occupations of industry. Gathering themselves into villages, plying the labors of handicraft and agriculture, they will become a well disciplined society, instead of being a roving, barbarous horde.

The sabbath bells will summon from scattered cottages smiling populations, linked together by friends.h.i.+p, and happy in all the sweetness of domestic charities. Thus the glory of her latter day shall be greater than at the beginning, _and Ethiopia shall stretch forth her hands unto G.o.d_.

It is our earnest desire and prayer, that the friends of missions in all places where G.o.d in his providence may send this history will give the subject of the civilization and Christianization of Africa prayerful consideration. The best schools the world can afford should be founded on the West Coast of Africa The native should be educated at home, and mission stations should be planted under the very shadow of the idol-houses of the heathen. The best talent and abundant means have been sent to Siam, China, and j.a.pan. Why not send the best talent and needful means to Liberia, Sierra Leone, and Cape Palmas, that native missionaries may be trained for the outposts of the Lord? There is not a more promising mission-field in the world than Africa, and yet our friends in America take so little interest in this work! The Lord is going to save that Dark Continent, and it behooves his servants here to honor themselves in doing something to hasten the completion of this inevitable work! Africa is to be redeemed by the African, and the white Christians of this country can aid the work by munificent contributions. Will you do it, brethren? G.o.d help you!

FOOTNOTES:

[115] Deut. xii. 2, 3, also 30th verse.

[116] Deut. vi. 19.

[117] Deut. vii. 7.

[118] News comes to us from Egypt that Arabi Pacha's best artillerists are Negro soldiers.

Part II.

_SLAVERY IN THE COLONIES_.[119]

CHAPTER XII.

THE COLONY OF VIRGINIA.

1619-1775.

INTRODUCTION OF THE FIRST SLAVES.--"THE TREASURER" AND THE DUTCH MAN-OF-WAR.--THE CORRECT DATE.--THE NUMBER OF SLAVES.--WERE THERE TWENTY, OR FOURTEEN?--LITIGATION ABOUT THE POSSESSION OF THE SLAVES.--CHARACTER OF THE SLAVES IMPORTED, AND THE CHARACTER OF THE COLONISTS.--RACE PREJUDICES.--LEGAL ESTABLISHMENT OF SLAVERY. WHO ARE SLAVES FOR LIFE.--DUTIES ON IMPORTED SLAVES.--POLITICAL AND MILITARY PROHIBITIONS AGAINST NEGROES.--PERSONAL RIGHTS.--CRIMINAL LAWS AGAINST SLAVES. EMANc.i.p.aTION.--HOW BROUGHT ABOUT.--FREE NEGROES.--THEIR RIGHTS.--MORAL AND RELIGIOUS TRAINING.--POPULATION.--SLAVERY FIRMLY ESTABLISHED.

Virginia was the mother of slavery as well as "the mother of Presidents." Unfortunate for her, unfortunate for the other colonies, and thrice unfortunate for the poor Colored people, who from 1619 to 1863 yielded their liberty, their toil,--unrequited,--their bodies and intellects to an inst.i.tution that ground them to powder. No event in the history of North America has carried with it to its last a.n.a.lysis such terrible forces. It touched the brightest features of social life, and they faded under the contact of its poisonous breath. It affected legislation, local and national; it made and destroyed statesmen; it prostrated and bullied honest public sentiment; it strangled the voice of the press, and awed the pulpit into silent acquiescence; it organized the judiciary of States, and wrote decisions for judges; it gave States their political being, and afterwards dragged them by the fore-hair through the stormy sea of civil war; laid the parricidal fingers of Treason against the fair throat of Liberty,--and through all time to come no event will be more sincerely deplored than the introduction of slavery into the colony of Virginia during the last days of the month of August in the year 1619!

The majority of writers on American history, as well as most histories on Virginia, from Beverley to Howison, have made a mistake in fixing the date of the introduction of the first slaves. Mr. Beverley, whose history of Virginia was printed in London in 1772, is responsible for the error, in that nearly all subsequent writers--excepting the laborious and scholarly Bancroft and the erudite Campbell--have repeated his mistake. Mr. Beverley, speaking of the burgesses having "met the Governor and Council at James Town in May 1620," adds in a subsequent paragraph, "In August following a Dutch Man of War landed twenty Negroes for sale; which were the first of that kind that were carried into the country."[120] By "August following," we infer that Beverley would have his readers understand that this was in 1620. But Burk, Smith, Campbell, and Neill gave 1619 as the date.[121] But we are persuaded to believe that the first slaves were landed at a still earlier date. In Capt. John Smith's history, printed in London in 1629, is a mere incidental reference to the introduction of slaves into Virginia. He mentions, under date of June 25, that the "governor and councell caused Burgesses to be chosen in all places,"[122] which is one month later than the occurrence of this event as fixed by Beverley. Smith speaks of a vessel named "George" as having been "sent to Newfoundland" for fish, and, having started in May, returned after a voyage of "seven weeks." In the next sentence he says, "About the last of August came in a dutch man of warre that sold us twenty Negars."[123] Might not he have meant "about the end of last August"

came the Dutch man-of-war, etc.? All historians, except two, agree that these slaves were landed in August, but disagree as to the year.

Capt. Argall, of whom so much complaint was made by the Virginia Company to Lord Delaware,[124] fitted out the s.h.i.+p "Treasurer" at the expense of the Earl of Warwick, who sent him "an olde commission of hostility from the Duke of Savoy against the Spanyards," for a "filibustering" cruise to the West Indies.[125] And, "after several acts of hostility committed, and some purchase gotten, she returns to Virginia at the end of ten months or thereabouts."[126] It was in the early autumn of 1618,[127] that Capt. Edward (a son of William) Brewster was sent into banishment by Capt. Argall; and this, we think, was one of the last, if not _the_ last official act of that arbitrary governor. It was certainly before this that the s.h.i.+p "Treasurer,"

manned "with the ablest men in the colony," sailed for "the Spanish dominions in the Western hemisphere." Under date of June 15, 1618, John Rolfe, speaking of the death of the Indian Powhatan, which took place in April, says, "Some private differences happened betwixt Capt.

Bruster and Capt. Argall," etc.[128] Capt. John Smith's information, as secured from Master Rolfe, would lead to the conclusion that the difficulty which took place between Capt. Edward Brewster and Capt.

Argall occurred in the spring instead of the autumn, as Neill says. If it be true that "The Treasurer" sailed in the early spring of 1618, Rolfe's statement as to the time of the strife between Brewster and Argall would harmonize with the facts in reference to the length of time the vessel was absent as recorded in Burk's history. But if Neill is correct as to the time of the quarrel,--for we maintain that it was about this time that Argall left the colony,--then his statement would tally with Burk's account of the time the vessel was on the cruise.

If, therefore, she sailed in October, 1618, being absent ten months, she was due at Jamestown in August, 1619.

But, nevertheless, we are strangely moved to believe that 1618 was the memorable year of the landing of the first slaves in Virginia. And we have one strong and reliable authority on our side. St.i.th, in his history of Virginia, fixes the date in 1618.[129] On the same page there is an account of the trial and sentence of Capt. Brewster. The s.h.i.+p "Treasurer" had evidently left England in the winter of 1618.

When she reached the Virginia colony, she was furnished with a new crew and abundant supplies for her cruise. Neill says she returned with booty and "a certain number of negroes." Campbell agrees that it was some time before the landing of the Dutch man-of-war that "The Treasurer" returned to Virginia. He says, "She returned to Virginia after some ten months with her booty, which consisted of captured negroes, who were not left in Virginia, because Capt. Argall had gone back to England, but were put on the Earl of Warwick's plantation in the Somer Islands."[130]

During the last two and one-half centuries the readers of the history of Virginia have been mislead as to these two vessels, the Dutch man-of-war and "The Treasurer." The Dutch man-of-war did land the first slaves; but the s.h.i.+p "Treasurer" was the first to bring them to this country, in 1618.

When in 1619 the Dutch man-of-war brought the first slaves to Virginia, Capt. Miles Kendall was deputy-governor. The man-of-war claimed to sail under commission of the Prince of Orange. Capt.

Kendall gave orders that the vessel should not land in any of his harbors: but the vessel was without provisions; and the Negroes, _fourteen_ in number, were tendered for supplies. Capt. Kendall accepted the slaves, and, in return, furnished the man-of-war with the coveted provisions. In the mean while Capt. Butler came and a.s.sumed charge of the affairs of the Virginia Company, and dispossessed Kendall of his slaves, alleging that they were the property of the Earl of Warwick. He insisted that they were taken from the s.h.i.+p "Treasurer,"[131] "with which the said Holland man-of-war had consorted." Chagrined, and wronged by Gov. Butler, Capt. Kendall hastened back to England to lay his case before the London Company, and to seek equity. The Earl of Warwick appeared in court, and claimed the Negroes as his property, as having belonged to his s.h.i.+p, "The Treasurer." Every thing that would embarra.s.s Kendall was introduced by the earl. At length, as a final resort, charges were formally preferred against him, and the matter referred to Butler for decision.

Capt. Kendall did not fail to appreciate the gravity of his case, when charges were preferred against him in London, and the trial ordered before the man of whom he asked rest.i.tution! The case remained in _statu quo_ until July, 1622, when the court made a disposition of the case. Nine of the slaves were to be delivered to Capt. Kendall, "and the rest to be consigned to the company's use." This decision was reached by the court after the Earl of Warwick had submitted the case to the discretion and judicial impartiality of the judges. The court gave instructions to Capt. Bernard, who was then the governor, to see that its order was enforced. But while the order of the court was _in transitu_, Bernard died. The earl, learning of the event, immediately wrote a letter, representing that the slaves should _not_ be delivered to Kendall; and an advantage being taken--purely technical--of the omission of the name of the captain of the Holland man-of-war, Capt.

Kendall never secured his nine slaves.

It should be noted, that while Rolfe, in Capt. Smith's history, fixes the number of slaves in the Dutch vessel at _twenty_,--as also does Beverley,--it is rather strange that the Council of Virginia, in 1623, should state that the commanding officer of the Dutch man-of-war told Capt. Kendall that "he had fourteen Negroes on board!"[132] Moreover, it is charged that the slaves taken by "The Treasurer" were divided up among the sailors; and that they, having been cheated out of their dues, asked judicial interference.[133] Now, these slaves from "The Treasurer" "were placed on the Earl of Warwick's lands in Bermudas, and there kept and detained to his Lords.h.i.+p's use." There are several things apparent; viz., that there is a mistake between the statement of the Virginia Council in their declaration of May 7, 1623, about the number of slaves landed by the man-of-war, and the statements of Beverley and Smith. And if St.i.th is to be relied upon as to the slaves of "The Treasurer" having been taken to the "Earl of Warwick's lands in Bermudas, and there kept," his lords.h.i.+p's claim to the slaves Capt.

Kendall got from the Dutch man-of-war was not founded in truth or equity!

Whether the number was fourteen or twenty, it is a fact, beyond historical doubt, that the Colony of Virginia purchased the first Negroes, and thus opened up the nefarious traffic in human flesh. It is due to the Virginia Colony to say, that these slaves were forced upon them; that they were taken in exchange for food given to relieve the hunger of famis.h.i.+ng sailors; that white servitude[134] was common, and many whites were convicts[135] from England; and the extraordinary demand for laborers may have deadened the moral sensibilities of the colonists as to the enormity of the great crime to which they were parties. Women were sold for wives,[136] and sometimes were kidnapped[137] in England and sent into the colony. There was nothing in the moral atmosphere of the colony inimical to the spirit of bondage that was manifest so early in the history of this people.

England had always held her sceptre over slaves of some character: villeins in the feudal era, stolen Africans under Elizabeth and under the house of the Tudors; Caucasian children--whose German blood could be traced beyond the battle of Hastings--in her mines, factories, and mills; and vanquished Brahmans in her Eastern possessions. How, then, could we expect less of these "knights" and "adventurers" who "degraded the human race by an exclusive respect for the privileged cla.s.ses"?[138]

The inst.i.tution of slavery once founded, it is rather remarkable that its growth was so slow. According to the census of Feb. 16, 1624, there were but twenty-two in the entire colony.[139] There were eleven at Flourdieu Hundred, three in James City, one on James Island, one on the plantation opposite James City, four at Warisquoyak, and two at Elizabeth City. In 1648 the population of Virginia was about fifteen thousand, with a slave population of three hundred.[140] The cause of the slow increase of slaves was not due to any colonial prohibition.

The men who were engaged in tearing unoffending Africans from their native home were some time learning that this colony was at this time a ready market for their helpless victims. Whatever feeling or scruple, if such ever existed, the colonists had in reference to the subject of dealing in the slave-trade, was destroyed at conception by the golden hopes of large gains. The lat.i.tude, the products of the soil, the demand for labor, the custom of the indenture of white servants, were abundant reasons why the Negro should be doomed to bondage for life.

The subjects of slavery were the poor unfortunates that the strong push to the outer edge of organized African society, where, through neglect or abuse, they are consigned to the mercy of avarice and malice. We have already stated that the weaker tribes of Africa are pushed into the alluvial flats of that continent; where they have perished in large numbers, or have become the prey of the more powerful tribes, who consort with slave-hunters. Disease, tribal wars in Africa, and the merciless greed of slave-hunters, peopled the colony of Virginia with a cla.s.s that was expected to till the soil.

African criminals, by an immemorial usage, were sold into slavery as the highest penalty, save death; and often this was preferred to bondage. Many such criminals found their way into the colony. To be bondmen among neighboring tribes at home was dreaded beyond expression; but to wear chains in a foreign land, to submit to the dehumanizing treatment of cruel taskmasters, was an ordeal that fanned into life the last dying ember of manhood and resentment.

The character of the slaves imported, and the pitiable condition of the white servants, produced rather an anomalous result. "Male servants, and slaves of both s.e.x" were bound together by the fellows.h.i.+p of toil. But the distinction "made between them in their clothes and food"[141] drew a line, not between their social condition,--for it was the same,--but between their nationality.

First, then, was social estrangement, next legal difference, and last of all political disagreement and strife. In order to oppress the weak, and justify the unchristian distinction between G.o.d's creatures, the persons who would bolster themselves into respectability must have the aid of law. Luther could march fearlessly to the Diet of Worms if every tile on the houses were a devil; but Macbeth was conquered by the remembrance of the wrong he had done the virtuous Duncan and the unoffending Banquo, long before he was slain by Macduff. A guilty conscience always needs a mult.i.tude of subterfuges to guard against dreaded contingencies. So when the society in the Virginia Colony had made up its mind that the Negroes in their midst were mere heathen,[142] they stood ready to punish any member who had the temerity to cross the line drawn between the races. It was not a mitigating circ.u.mstance that the white servants of the colony who came into natural contact with the Negroes were "disorderly persons," or convicts sent to Virginia by an order of the king of England. It was fixed by public sentiment and law that there should be no relation between the races. The first prohibition was made "September 17th, 1630." Hugh Davis, a white servant, was publicly flogged "before an a.s.sembly of Negroes and others," for defiling himself with a Negro. It was also required that he should confess as much on the following sabbath.[143]

In the winter of 1639, on the 6th of January, during the inc.u.mbency of Sir Francis Wyatt, the General a.s.sembly pa.s.sed the first prohibition against Negroes. "All persons," doubtless including fraternizing Indians, "except Negroes," were required to secure arms and ammunition, or be subject to a fine, to be imposed by "the Governor and Council."[144] The records are too scanty, and it is impossible to judge, at this remote day, what was the real cause of this law. We have already called attention to the fact that the slaves were but a mere fraction of the _summa summarum_ of the population. It could not be that the brave Virginians were afraid of an insurrection! Was it another reminder that the "Negroes were heathen," and, therefore, not ent.i.tled to the privileges of Christian freemen? It was not the act of that government, which in its conscious rect.i.tude "can put ten thousand to flight," but was rather the inexcusable feebleness of a diseased conscience, that staggers off for refuge "when no man pursueth."

Mr. Bancroft thinks that the "special tax upon female slaves"[145] was intended to discourage the traffic. It does not so seem to us. It seems that the Virginia a.s.sembly was endeavoring to establish friendly relations with the Dutch and other nations in order to secure "trade."

Tobacco was the chief commodity of the colonists. They intended by the act[146] of March, 1659, to guarantee the most perfect liberty "to trade with" them. They required, however, that foreigners should "give bond and pay the impost of tenn s.h.i.+llings per hogshead laid upon all tobacco exported to any fforreigne dominions." The same act recites, that whenever any slaves were sold for tobacco, the amount of imposts would only be "two s.h.i.+llings per hogshead," which was only the nominal sum paid by the colonists themselves. This act was pa.s.sed several years before the one became a law that is cited by Mr. Bancroft. It seems that much trouble had been experienced in determining who were taxable in the colony. It is very clear that the LIV. Act of March, 1662, which Mr. Bancroft thinks was intended to discourage the importation of slaves by taxing female slaves, seeks only to determine who shall be taxable. It is a general law, declaring "that _all_ male persons, of what age soever imported into this country shall be brought into lysts and be liable to the payment of all taxes, and all negroes, male and female being imported shall be accompted tythable, and all Indian servants male or female however procured being adjudged sixteen years of age shall be likewise tythable from which none shall be exempted."[147] Beverley says that "the male servants, and slaves of both s.e.xes," were employed together. It seems that white women were so scarce as to be greatly respected. But female Negroes and Indians were taxable; although Indian children, unlike those of Negroes, were not held as slaves.[148] Under the LIV. Act there is but one cla.s.s exempted from tax,--white females, and, we might add, persons under sixteen years of age.[149] So what Mr. Bancroft mistakes as repressive legislation against the slave-trade is only an exemption of white women, and intended to encourage their coming into the colony.

The legal distinction between slaves and servants was, "slaves for life, and servants for a time."[150] Slavery existed from 1619 until 1662, without any sanction in law. On the 14th of December, 1662, the foundations of the slave inst.i.tution were laid in the old law maxim, "_Partus sequitur ventrum_,"--that the issue of slave mothers should follow their condition.[151] Two things were accomplished by this act; viz., slavery received the direct sanction of statutory law, and it was also made hereditary. On the 6th of March, 1655,--seven years before the time mentioned above,--an act was pa.s.sed declaring that all Indian children brought into the colony by friendly Indians should not be treated as slaves,[152] but be instructed in the trades.[153] By implication, then, slavery existed legally at this time; but the act of 1662 was the first direct law on the subject. In 1670 a question arose as to whether Indians taken in war were to be servants for a term of years, or for life. The act pa.s.sed on the subject is rather remarkable for the language in which it is couched; showing, as it does, that it was made to relieve the Indian, and fix the term of the Negro's bondage beyond a reasonable doubt. "_It is resolved_ and enacted that all servants not being Christians imported into this colony by s.h.i.+pping shall be slaves for their lives; but what shall come by land shall serve, if boyes or girles, until thirty yeares of age, if men or women twelve yeares and no longer."[154] This remarkable act was dictated by fear and policy. No doubt the Indian was as thoroughly despised as the Negro; but the Indian was on his native soil, and, therefore, was a more dangerous[155] subject.

Instructed by the past, and fearful of the future, the sagacious colonists declared by this act, that those who "shall come by land"

should not be a.s.signed to servitude for life. While this act was pa.s.sed to define the legal status of the Indian, at the same time, and with equal force, it determines the fate of the Negro who is so unfortunate as to find his way into the colony. "_All servants not being Christians imported into this colony by s.h.i.+pping shall be slaves for their lives_." Thus, in 1670, Virginia, not abhorring the inst.i.tution, solemnly declared that "all servants not christians"--heathen Negroes--coming into her "colony by s.h.i.+pping"--there was no other way for them to come!--should "_be slaves for their lives_!"

In 1682 the colony was in a flouris.h.i.+ng condition. Opulence generally makes men tyrannical, and great success in business makes them unmerciful. Although Indians, in special acts, had not been cla.s.sed as slaves, but only accounted "servants for a term of years," the growing wealth and increasing number of the colonists seemed to justify them in throwing off the mask. The act of the 3d of October, 1670, defining who should be slaves, was repealed at the November session of the General a.s.sembly of 1682. Indians were now made slaves,[156] and placed upon the same legal footing with the Negroes. The sacred rite of baptism[157] did not alter the condition of children--Indian or Negro--when born in slavery. And slavery, as a cruel and inhuman inst.i.tution, flourished and magnified with each returning year.

Encouraged by friendly legislation, the Dutch plied the slave-trade with a zeal equalled only by the enormous gains they reaped from the planters. It was not enough that faith had been broken with friendly Indians, and their children doomed by statute to the h.e.l.l of perpetual slavery; it was not sufficient that the Indian and Negro were compelled to serve, unrequited, for their lifetime. On the 4th of October, 1705, "an act declaring the Negro, Mulatto, and Indian slaves, within this dominion, to be real estate,"[158] was pa.s.sed without a dissenting voice. Before this time they had been denominated by the courts as chattels: now they were to pa.s.s in law as real estate. There were, however, several provisos to this act. Merchants coming into the colony with slaves, not sold, were not to be affected by the act until the slaves had actually pa.s.sed in a _bona-fide_ sale.

Until such time their slaves were contemplated by the law as chattels.

In case a master died without lawful heirs, his slaves did not escheat, but were regarded as other personal estate or property. Slave property was liable to be taken in execution for the payment of debts, and was recoverable by a personal action.[159]

The only apology for enslaving the Negroes we can find in all the records of this colony is, that they "were heathen." Every statute, from the first to the last, during the period the colony was under the control of England, carefully mentions that all persons--Indians and Negroes--who "are not Christians" are to be slaves. And their conversion to Christianity afterwards did not release them from their servitude.[160]

The act making Indian, Mulatto, and Negro slaves real property, pa.s.sed in October, 1705, under the reign of Queen Anne, and by her approved, was "explained" and "amended" in February, 1727, during the reign of King George II. Whether the act received its being out of a desire to prevent fraud, like the "Statutes of Frauds," is beyond finding out.

But it was an act that showed that slavery had grown to be so common an inst.i.tution as not to excite human sympathy. And the attempt to "explain" and "amend" its cruel provisions was but a faint precursor of the evils that followed. Innumerable lawsuits grew out of the act, and the courts and barristers held to conflicting interpretations and constructions. Whether complaints were made to his Majesty, the king, the records do not relate; or whether he was moved by feelings of humanity is quite as difficult to understand. But on the 31st of October, 1751, he issued a proclamation repealing the act declaring slaves real estate.[161] The proclamation abrogated nine other acts, and quite threw the colony into confusion.[162] It is to be hoped that the king was animated by the n.o.blest impulses in repealing one of the most dehumanizing laws that ever disgraced the government of any civilized people. The General a.s.sembly, on the 15th of April, 1752, made an appeal to the king, "humbly" protesting against the proclamation. The law-makers in the colony were inclined to doubt the king's prerogative in this matter. They called the attention of his Majesty to the fact that he had given the "Governor" "full power and authority with the advice and consent of the council" to make needful laws; but they failed to realize fully that his Majesty, in accordance with the proviso contained in the grant of authority made to the governor and council of the colony, was using his veto. They recited the causes which induced them to enact the law, recounted the benefits accruing to his Majesty's subjects from the conversion of human beings into real property,[163] and closed with a touching appeal for the retention of the act complained of, so that slaves "_might not at the same time be real estate in some respects, personal in others, and bothe in others_!" History does not record that the brusque old king was at all moved by this earnest appeal and convincing argument of the Virginia a.s.sembly.

In 1699 the government buildings at James City were destroyed. The General a.s.sembly, in an attempt to devise means to build a new Capitol, pa.s.sed an act on the 11th of April of the aforesaid year, fixing a "duty on servants and slaves imported"[164] into the colony.

Fifteen s.h.i.+llings was the impost tax levied upon every servant imported, "not born in England or Wales, and twenty s.h.i.+llings for every Negro or other slave" thus imported. The revenue arising from this tax on servants and slaves was to go to the building of a new Capitol. Every slave-vessel was inspected by a customs-officer. The commanding officer of the vessel was required to furnish the names and number of the servants and slaves imported, the place of their birth, and pay the duty imposed upon each before they were permitted to be landed. This act was to be in force for the s.p.a.ce of "three years from the publication thereof, and no longer."[165] But, in the summer of 1701, it was continued until the 25th day of December, 1703. The act was pa.s.sed as a temporary measure to secure revenue with which to build the Capitol.[166] Evidently it was not intended to remain a part of the code of the colony. In 1732 it was revived by an act, the preamble of which leads us to infer that the home government was not friendly to its pa.s.sage. In short, the act is preceded by a prayer for permission to pa.s.s it. Whatever may have been the feeling in England in reference to levying imposts upon servants and slaves, it is certain the colonists were in hearty accord with the spirit and letter of the act. It must be clear to every honest student of history, that there never was, up to this time, an attempt made to cure the growing evils of slavery. When a tax was imposed upon slaves imported, the object in view was the replenis.h.i.+ng of the coffers of the colonial government. In 1734 another act was pa.s.sed taxing imported slaves, because it had "been found very easy to the subjects of this colony, and no ways burthensome to the traders in slaves." The additional reason for continuing the law was, "that a competent revenue" might be raised "for preventing or lessening a poll-tax."[167] And in 1738, this law being "found, by experience, to be an easy expedient for raising a revenue towards the lessening a pooll-tax, always grievous to the people of this colony, and is in no way burthensom to the traders in slaves," it was re-enacted. In every instance, through all these years, the imposition of a tax on slaves imported into the colony had but one end in view,--the raising of revenue. In 1699 the end sought through the taxing of imported slaves was the building of the Capitol; in 1734 it was to lighten the burden of taxes on the subjects in the colony; but, in 1740, the object was to get funds to raise and transport troops in his Majesty's service.[168] The original duty remained; and an additional levy of five per centum was required on each slave imported, over and above the twenty s.h.i.+llings required by previous acts.

In 1742 the tax was continued, because it was "necessary" "to discharge the public debts."[169] And again, in 1745, it was still believed to be necessary "for supporting the public expense."[170] The act, in a legal sense, expired by limitation, but in spirit remained in full force until revived by the acts of 1752-53.[171] In the spring of 1755 the General a.s.sembly increased the tax on imported slaves above the amount previously fixed by law.[172] The duty at this time was ten per centum on each slave sold into the colony. The same law was reiterated in 1757,[173] and, when it had expired by limitation, was revived in 1759, to be in force for "the term of seven years from thence next following."[174]

Encouraged by the large revenue derived from the tax imposed on servants and slaves imported into the colony from foreign parts, the General a.s.sembly stood for the revival of the impost-tax. The act of 1699 required the tax at the hands of "the importer," and from as many persons as engaged in the slave-trade who were subjects of Great Britain, and residents of the colony; but the tax at length became a burden to them. In order to evade the law and escape the tax, they frequently went into Maryland and the Carolinas, and bought slaves, ostensibly for their own private use, but really to sell in the local market. To prevent this, an act was pa.s.sed imposing a tax of twenty per centum on all such sales;[175] but there was a great outcry made against this act. Twenty per centum of the gross amount on each slave, paid by the person making the purchase, was a burden that planters bore with ill grace. The question of the reduction of the tax to ten per centum was vehemently agitated. The argument offered in favor of the reduction was three-fold; viz., "very burthensom to the fair purchaser," inimical "to the settlement and improvement of the lands"