Slavery and freedom were constituent elements in American institutions from the very beginning. In the inherent antagonism of the two, DeTocqueville recognized the most serious menace to the permanence of the nation.[122] Slavery, which came in time to be known as the "peculiar institution" of the South, gradually shaped the social, moral, economic and political ideas of that section to fit its genius. The more democratic tendencies of the free industrial order of the North served by contrast to crystallize still more the group consciousness of the South. In this wise the erstwhile loyal South was slowly transformed into a section that was prepared to place local and sectional interests above national, and the result was secession. Just as it was not loyalty to inalienable human rights in the abstract that brought about the abolition of slavery in the North, but rather the gradual expansion of the idea of liberty through the free give and take of a vigorous democracy in which economic and social conditions militated against slavery, so it was not loyalty to States' rights in the abstract that brought about the Civil War but rather the alien group consciousness of the slave States which was the outgrowth of totally different economic and social conditions. It is the object of this paper to trace the influence of these various factors upon the status of the slave.
Slavery of both Indians and Negroes and white servitude were well recognized forms of social status in all the colonies, and slavery was general down to the time of the American Revolution. As early as 1639 we hear of a Negro slave in Pennsylvania. In 1644 Negroes were in demand to work the lowlands of the Delaware. In 1685 William Penn directed his steward at Pennsbury to secure blacks for work "since they might be held for life," which was not true of indentured servants.[123] Negro slaves were sold in Maryland in 1642.[124] Negroes are referred to in the Connecticut records as early as 1660.[125] An "act against trading with negro slaves" was passed in Elizabeth-Town, New Jersey, in 1682.[126] An entry in Winthrop's Journal, February 26, 1638, states that a "Mr. Peirce, in the Salem ship, the Desire, returned from the West Indies after seven months. He had been to Providence, and brought some cotton, and tobacco, and Negroes, etc."[127] The twenty Negroes sold to the colonists at Jamestown, 1619, were the first landed on the soil of Virginia and possibly the first brought to the American colonies.[128]
There is evidence to show that the status of the Negro was at first very closely affiliated with that of the white servant with whom the colonists were thoroughly familiar and who stood half way between freedom and complete subjection. It is probable, therefore, that both Indian and Negro servitude preceded Indian and Negro slavery in all the colonies,[129] though the transition to slavery as the normal status of the Negro was very speedily made. The first and essential feature in this transition was the lengthening of the period of servitude from a limited time to the natural life. The slave differed from the servant then not so much in the loss of liberty, civil and political, as in the perpetual nature of that loss.[130]
There were several factors operating in the case of the Negro to fix the status of the slave as his normal condition, the earliest and one of the strongest of which was economic in character. Certainly the influences which brought Negro slavery to the West-Indies and later to the British colonies to the north were primarily economic. As a result of her great commercial expansion in the first half of the fifteenth century Spain had established a thriving slave trade with the west coast of Africa. When it was discovered that the natives of the West Indies, who had been enslaved to meet the labor demands of the new world, were unable to do the work Spain began to import Negro slave labor at the suggestion of Bishop Las Casas, thus turning the stream of slave trade westward about the beginning of the sixteenth century. By way of the English island colonies, the Bermudas and Barbados, the slave trade extended northward to the American colonies, the first slaves being brought from the West Indies to Virginia in 1619, so that by the end of the seventeenth century the traffic had reached proportions that frightened the colonists into taking measures for its restriction.[131]
The fact that Negro slavery reached American soil by way of the West Indies is not without significance as throwing light upon the status of the slave especially in the southern colonies such as the Carolinas and Georgia. The first Negro slaves imported into South Carolina came from Barbados in 1671 and there is reason for thinking that the Barbadian slave code and customs were imported with the slaves, for the act passed in Barbados in 1668 declaring Negro slaves to be real estate was copied very closely in the South Carolina act of 1690.[132] The stringency of the Barbadian slave code and the resulting barbarous treatment of the slaves have made the little island famous in history. "For a hundred years," says Johnston, "slaves in Barbados were mutilated, tortured, gibbeted alive and left to starve to death, burnt alive, flung into coppers of boiling sugar, whipped to death, overworked, underfed, obliged from sheer lack of any clothing to expose their nudity to the jeers of the 'poor' whites."[133] And yet the owners of these slaves were English, of the same stock under which developed the mild patriarchal type of slavery of Virginia. The difference in the status of the slave in Virginia and in the northern colonies as opposed to the colonies farther south, where in some places the Barbadian conditions were at least approximated, is to be explained in terms of the different social and economic conditions rather than the character of the slave-owners. The West Indian type of slavery was not conducive to the more intimate and sympathetic relations which arose between slave and master in the colonies to the north where a fairly complete integration of the Negro in the social consciousness of the white took place.
It is easy to distinguish factors in the economic conditions in the northern and southern colonies which brought about these differences in the status of the slave in the two sections. In the trading colonies of New England and in the farming colonies of the Middle States the occupations in which slave labor could be profitably made use of were limited in number. The climate was too cool, especially for freshly imported slaves. Slave labor was ill adapted to the kind of crops the soil demanded. The status of the slave from the very nature of the case approximated that of the servant. The slaves became for the most part servants, the time of whose service was perpetual. The slaves of Pennsylvania, for this reason, were treated much more kindly than the Negroes in the West Indies. Their lot was doubtless far happier than that of the slaves in the lower South.[134]
The conditions in the planting colonies from Virginia southward were different. Here was an unlimited supply of fertile lands which lent themselves readily to the unskillful and exhausting methods of slave labor. Here too was a warm climate congenial to the Negro, though enervating and often unhealthful for the white. The staples, such as the sugar cane, rice and later the cotton plant, were such as the unscientific slave labor might easily cultivate. All the conditions of profitable slave labor were present, namely, possibilities for concentration of labor, its absolute control and direction and exploitation.
The status of the Negro in the planting colonies was the outcome of these economic conditions. He was deprived of the stimulating effect of personal intercourse with the white, enjoyed by the slave at the north. His status was fixed by a certain position in an industrial system, the tendency of which was to attach him more and more to the soil and, especially on the larger plantation, to make of him a "living tool." He became, as time went on, the economic unit. Even free labor, in so far as it survived slave labor, was forced to take its measure of values from the slave. There were of course gradations in status even among the slaves in the lower South so that the same system could include the conditions described in Fanny Kemble's Journal of a Residence on a Georgian Plantation as well as those portrayed in Smedes' Memorials of a Southern Planter. If we take the whole sweep of country from New England to the far South, the differences in the status of the slave varied still more, including the exceedingly mild form of slavery in Pennsylvania where the slave was not essentially different from the indentured servant, the patriarchal slavery of Virginia, as well as the capitalistic exploitation of slave labor in the great rice plantations of South Carolina and Georgia and the cotton and cane plantations of Mississippi and Louisiana. Here, in some cases at least, the West Indian conditions were approximated. In the lower South particularly were found those conditions which as we shall see later tended to fix the slave status as an integral part of southern life so that in time it came to be spoken of as the South's "peculiar institution."
Strange as it may seem, religion also played a large part in the determination of the status of the slave in early colonial days. Just as it was the zeal of the early Church which had much to do with the eradication of the slavery of antiquity, so it was also the zeal and bigotry of churchmen that had much to do with the reinstatement of slavery of a type worse in some respects than that of antiquity. Speaking of the custom of the Spaniards of enslaving the Moors that fell into their hands through conquest, Prescott says: "It was the received opinion among good Catholics of that period, that heathen and barbarous nations were placed by the circumstances of their infidelity without the pale both of spiritual and civil rights."[135] The expansion that took place as a result of the discovery of the new world brought Europeans into contact with heathen who according to the prevailing opinions were without the pale of Christianity and, therefore, possessed of no rights that Christians need observe. It is not surprising then that Columbus brought back Indian slaves with him, though Isabella ordered returned those "who had not been taken in just war."
The Puritan settlers of New England were not one whit behind the Spanish in making use of the same religious grounds for the enslaving of the Indians conquered in war. Roger Williams in a letter to John Winthrop in 1637 writes as follows of a successful expedition against the Pequots: "It having again pleased the Most High to put into our hands another miserable drove of Adam's degenerate seed, and our brethren by nature, I am bold (if I may not offend in it) to request the keeping and bringing up of one of the children." The following extract from a letter to Winthrop in 1645 is a curious mixture of religious bigotry and Yankee shrewdness: "A war with the Narragansetts is very considerable to this plantation, for I doubt whether it be not sin in us, having power in our hands, to suffer them to maintain the worship of the devil, which their pow wows often do; secondly, if upon a just war the Lord should deliver them into our hands, we might easily have men, women and children enough to exchange for Moors (Negroes?) which will be more gainful pillage for us than we conceive, for I do not see how we can thrive until we get into a flock of slaves sufficient to do all our business, for our children's children will hardly see this great continent filled with people, so that our servants will still desire freedom to plant for themselves and not stay but for very great wages. And I suppose you know very well how we shall maintain twenty Moors cheaper than one English servant."[136] Few passages better illustrate how religious ideas and economic needs conspired to bring about the enslavement of both Indian and Negro at this early period.