North American and South American Slavery

Slavery, as it existed in British North America, contained interesting points of comparison and contrast with the slave system existing in Portuguese and Spanish South America. Although both institutions were geared to the needs of capitalistic agriculture, the rights and privileges of the South American planter were restricted and challenged at many points by the traditional powers the Crown and the Church. On one hand, capitalism, unimpeded by other powerful institutions, created a closed slave system which regimented the totality of the slave's life. On the other hand, through the clash of competing institutions, the slave as been left with a little opportunity in which he could develop as a person.

In the seventeenth century, while the British colonies were being established in North America and their slave system was being created, the English Crown underwent a series of severe shocks including two revolutions. Although it eventually emerged secure, the monarchy managed to survive only by making its peace with the emerging commercial and industrial forces. These same crises undermined the authority of the Church as a powerful institution in society. The nonconformist sects were the stronghold of the merchant class and spread rapidly in the American colonies. There, instead of being a check on the commercial spirit, the Church itself had become dominated by the middle class. Equally important is the fact that in colonial America the level of religious life was very low. Most colonists, with the exception of the original founders who had fled religious persecution, did not come for religious freedom but for economic advancement. When some Virginians at the end of the seventeenth century, petitioned the government to build a college for the training of ministers, they were told to forget about the cure of souls and instead to cure tobacco. The result was that the planter class, unchallenged by any other powerful institutions, was free to shape a slave system to meet its labor needs. In any conflict which arose between personality rights and property rights the property rights of the master were always protected.

In contrast, the South American planter would not have such a free hand in shaping his own affairs. The Renaissance and Reformation had not made the same impact on Spain and Portugal as they did on the rest of Western Europe. Consequently, secularization and commercialization had not progressed as far in eroding the traditional power and prestige of the Crown and the Church. Although both institutions readily compromised with capitalist interests and strove to develop a working alliance with them, neither the Crown nor the Church in Spain and Portugal had ever been taken over by the commercial interests.

Both Spain and Portugal had had continuous contact with slavery extending back into ancient times. Roman law as well as the Church fathers had concerned themselves with it, and these concepts had been incorporated into Spanish and Portuguese law. Also, slaves continued to exist in both countries down to modern times. Therefore, when Portugal began importing slaves from West Africa in the fifteenth century, the institution of slavery was already in existence. Before long, significant numbers of African slaves were to be found in both Portugal and Spain. When the South American planters began importing slaves, slavery already had a framework and a tradition within which the planter had to operate.

The Spanish Crown devoted a great deal of time and energy to the supervision of its overseas possessions. Instead of permitting considerable local autonomy as the British did, the Spanish Council of the Indies in Madrid assumed a stance of illiberal, paternal, bureaucratic control. From the point of view of the colonial capitalists, the cumbersome royal bureaucracy was always involved in troublesome meddling which impeded their progress. As part of the careful management of its colonies, the Crown strove to control the operation of the slave trade. Similarly, it was concerned with the treatment of the African slaves within the colonies. The Spanish Crown included the slaves as persons instead of relegating them solely to the status of property at the disposal of their owners.

The Church, as a powerful institution, jealously guarded its right to be the guardian and protector of social morality. Besides being concerned with influencing individual behavior, the Church insisted that it was a social institution with the right to interfere in matters relating to public morals. In fact, it was through this role that the Church was able to exercise its worldly powers. While condemning slavery as an evil and warning that it endangered those who participated in it, the Church found it expedient to accept slavery as a labor system. However, it insisted that the African slaves must be Christianized. Missionaries were sent to the trading stations on the African coast where the captives were baptized and catechized. The Church feared that the purity of the faith might be undermined by the infusion of pagan influences. Then, when a slave ship reached the New World, a friar boarded the ship and examined the slaves to see that the requirements had been met. The Church also insisted that the slaves become regular communicants, and it liked to view itself as the champion of their human rights.

The degree to which the individual rights of the slave were either protected or totally suppressed provides a clearer insight to the differences between North American and South American slavery. The laws outlining the rights of slaves have been traditionally placed into four categories: term of servitude, marriage and the family, police and disciplinary powers, and, finally, property and other civil rights.

In both systems the term of servitude was for life, and the child's status was inherited from its mother. Children of slave mothers were slaves, and children of free mothers were free regardless of the status of the father. Inherited lifetime slavery was the norm.