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The New England Puritan Attitude Toward Black Slavery

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The New England Puritan Attitude Toward Black Slavery The New England Puritan Attitude Toward Black Slavery By PETER W. MACKINLAY HE Puritan involvement in black status, Negroes were considered both as slavery was a responseto a two- property and as persons before the law; T fold economic necessity: first, to hence their legal status was never rigidly provide capital, and second, to develop a fixed.“’ Due to a combination of eco- labor force. A dichotomy in the Puritan nomic and religious forces, the black attitude toward black slavery arises from slave held an indeterminate position in considering the slave as an economic unit society, a position derived from the Puri- and at the same time an element in the tan attitude toward the slave as both divine plan. The Puritan economic view property and person. and the theocratic overview led to the Although New England legislators unique position which the slave held in did not define the status of the black early New England society. John Hope slave, they did recognize the institution of Franklin identifies the distinction be- slavery and sought to justify the circum- tween the statusof the black slave and the stancesby which it was introduced to the white indentured servant by viewing the colony. With the Body of Liberties of slave’s initial status as vaguely indeter- 1641, Massachusetts became the first minate and later fixed by custom: “The colony in America to recognize the in- status of these first Negroes is not at all stitution of slavery. On the “Liberties of certain. In all probability the first were, Forreiners and Strangers” the Massa- as in the caseof Virginia, servants bound chusetts legislators ruled: to masters for a definite number of years. there shall never be any bond slaverie, vil- The desirability of a permanent labor linage or captivitie amongst us unles it be law- force led to the establishment of slavery ful captives taken in just warres, and such by custom before it was firmly entrenched strangers as willingly selle them selves or are sold to gs. And these shall have all the liberties by legal recognition.“1 Lorenzo John- and Christian usages which the law of God ston Greene views this indeterminate established in Israel1 concerning such persons status as a result of Puritan Hebraicism: doeth morally require. This exempts none “Legally, the New England slave held a from servitude who shall be Judged thereto by Authoritie.* position somewhere between that of a plantation slave and an indentured ser- The legal recognition of slavery im- vant. This was due to the influence of plied a view of the status of the slave as Jewish slavery after which the Puritans property capable of selling himself or patterned their system of involuntary being sold, and also implied a view of the servitude. The New England slave was slave as a person subject to the rights and in a measure a member of his master’s liberties of Christians. Although osten- family and, following the Hebraic tradi- sibly reducing the slave to the status of tion, was usually referred to as ‘servant,’ property, Puritan legislators created the rarely as slave. Holding this intermediate ambiguity of status in their legal code by 81 82 Old-Time New England considering the slave as an economic unit the possibility of Negro insurrections, they and as a person subject to rights estab- passed laws which stripped the Negro lished by Hebraic precedent. slave of his civil and personal rights. The After having passed the code on the modification and the restriction of the “Liberties of Forreiners and Strangers” rights of slaves gradually reduced the in the Massachusetts Body of Liberties, status of the slave. legislators next emended the law to pro- The Act of 1657 denied franchise to vide a more definite specification of the the slave by limiting the franchise to status of the slaves. The General Court those “who are at their own dispose.“s corrected the original law: “Page 5, 1j., The -Act of 1664 provided a more defi- 3, tit. Bond Slavery read ‘or such as shall nite specification for voters by limiting the willingly.“‘4 Such an emendation re- franchise to “all freeholders of competent moved the necessity of alien birth as a estate, not vicious in conversation and qualification for slavery and removed the orthodox in religion.“’ The Act of 1656 prohibition against the children of slaves reduced the role of the Negro slave in being born into slavery. Although the maintaining civil order by forbidding him Body of Liberties sought to restrict slav- the right to bear arms, thus ending the ery to the captives of just wars, later period from 1652-1656 when the Negro legislation recognized slavery as a legal was required to train in the militia with status which could be transmitted to chil- the other co1onists.l’ The Act of 1698 dren from generation to generation. denied the right to trade on the penalty Winthrop Jordan characterizes this early of whipping.l’ By forbidding the slave the legislation : “as early as 1641 the Puritan right to vote, the right to trade, the right settlers were seeking to guarantee in to serve in the militia, the legislators writing their own liberty without closing clearly defined the extent to which the off the opportunity of taking it from slave could participate in the civil affairs others whom they identified with the of the colony. Biblical term, ‘strangers.“” Other laws Puritan legislators sought to limit not which recognized the status of the slave only the civil rights of the black slave, but as property were written in 1641 and also his personal rights as well. Later I 643 and provided for the return of run- slave laws represent a body of repressive away slaves to the master.6 From 1700 legislation aimed at regulating the be- to I 7 I 9, the legal code gave the right to havior and social conduct of the Negro own property in slaves and guaranteed slave. The Act of I 703 constituted a de- that right by a system of taxation in nial of personal liberty by forbidding him which slaves were regarded as “personal to be abroad after 9 P.M. on the penalty estate.“’ of being sent to the house of correction or As the number of slaves in Massachu- on the penalty of a whipping not to ex- setts increased, Puritan legislators sought ceed ten stripes.l* The Act of 1705 for- to preserve and to protect a stable social bade the Negro to strike a Christian on the order by reducing their rights. The Body penalty of a whipping.13 The Act of of Lib&es had recognized the institution 1708 denied the Negro the right to of slavery, but stipulated certain rights, marry a white. The white entering into “Christian usages.” To maintain a stable such a marriage would be subject to a fine order and to protect themselves against of f 5 ; the clergyman contracting such a The New England Puritan Attitude Toward Black Slavery 83 marriage would be subject to a fine of Unlike Massachusetts, Connecticut f 50 ; and the Negro would be “ordered did not recognize the institution of slav- to be sold out of the province.“14 The Act ery by a direct act of legislation, but in- of I 707 further restricted personal liberty stead legalized it through regulative by denying the slave the right to social legislation and by custom. Benjamin intercourse with free Negroes “harbor- Brawley states: “It was almost by acci- ing and entertaining.“l’ Motivated by a dent that slavery was officially recog- concern for a strong social order and by nized in Connecticut in 1650. The code the fear of insurrections, Puritan legisla- of laws compiled for the colony in this tors clearly defined civil and personal year was especially hard on the Indians. liberties to regulate the behavior and con- It was enacted that certain of them who duct of slaves in the colony. incurred the displeasure of the colony The restriction of the civil and per- might be made to serve the person in- sonal liberties of black slaves ultimately jured or ‘be shipped out and exchanged determined a legal view of the slave as for Negroes.““’ In the code of 1650, a mere unit of property. Connecticut colonists passed a law pro- Due to the relative insignificance of viding for the return of runaway slaves. the number of slaves and due to the In this regulative legislation, the Puritans proximity of Massachusetts, New Hamp- recognized slavery as a legal status and shire seems to have derived its attitude defined that status as property. toward slaves from the example set by the Although Connecticut made no offi- Massachusetts colony. Isaac W. Ham- cial legal recognition of slavery, its mond maintains that “Negro slavery was legislators gradually restricted the civil never established in New Hampshire by liberties of its slaves in a manner similar any law of the province, or state; nor to the example of Massachusetts. In was it ever abolished by any legislative 1639 the colonists denied the franchise enactment.“l’ It is likely that in adopting to the Negro in the constitutions of Hart- the Massachusetts Body of Liberties, ford and New Haven, a restriction New Hampshire probably adopted the which was confirmed by the Act of I 7 I 5 same legislation and regulations which relating to free men.” The Acts of 1650 governed the liberty of the slave in Mas- and 1708 denied the negro the right to sachusetts. The legislators of New Hamp- trade on penalty of a whipping not to ex- shire passed few acts to regulate the con- ceed thirty stripes by law (1708) if the duct of slaves, and those which exist fol- goods appeared to be stolen.‘l The Act of low the pattern of the slave legislation of 1660 denied the slave the right to watch Massachusetts.
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