Servitude Distinguished from Slavery
The first Negroes in the American colonies were called Africans, Blackamores, Moores, Negars, Negers, Negros, Negroes, and the like.[1] It is highly probable that Negroes were brought to America by some of the early colonists before 1619, for Negroes had been in England since 1553.[2] James Otis said: "Our colonial charters made no difference between black and white."[3] Some of such early Negro settlers might have been brought over from Barbadoes or other islands. The English colonists often went to and from the mainland for settlement and trade, and by 1674 Barbadoes was a "flourishing state" with a white population of 50,000 and 100,000 "Negroes and colored."[4] Negroes, along with Spanish explorers, are known to have been in North and South Carolina, Florida, Alabama, New Mexico, and California as early as 1526, 1527, 1540, 1542, and 1537, respectively.[5] However, the first Negroes, thus far known, in the American colonies, were the "twenty negars" introduced at Jamestown, in 1619, by the Dutch frigate.[6]
The first status of these Negroes early imported is of some importance. Although the historians do not always mention the fact, there is nevertheless ample proof of the existence of Negro servitude in most of the American colonies. The servitude did not always precede slavery in every case, nor was it ever firmly established as slavery eventually became. Still it is an interesting fact that Negro servitude frequently preceded and sometimes followed Negro slavery. In colonies where servitude followed slavery, it was due to the fact that these colonies were founded after the change of Negro servitude into slavery was well advanced. Even here, servitude accompanied slavery. In some of the colonies, the question of priority resolves itself into the question of the priority of customary servitude to customary slavery. In this case, however, it is probable that servitude was first, even though slavery was first recognized in law. In certain instances, the records make it certain that servitude preceded slavery. This was the case in Virginia.
Several authorities have shown the extent to which the priority of Negro servitude has been recognized. "At first the African slave was looked upon as but an improved variety of indented servant whose term of labor was for life instead of a few years."[7] "As has been mentioned, some Negroes were bound as slaves for a term of years only."[8] The Negroes of 1619 and "others brought by early privateers were not reduced to slavery, but to limited servitude, a legalized status of Indian, white, and negro servants, preceding slavery in most, if not all, of the English mainland colonies."[9] "Negro and Indian servitude thus preceded negro and Indian slavery, and together with white servitude in instances continued even after the institution of slavery was fully developed."[10]
Furthermore, there is not the slightest evidence that the colonists were disposed to treat as slaves the first Negroes who landed in the colonies. They had no tradition of slavery in England at that time. "Whatever may have been the intent and hope of the persons in possession of the negroes as regards their ultimate enslavement, no attempt to do so legally seems for a long time to have been made ... for some reasons the notion of enslavement gained ground but slowly, and although conditions surrounding a negro or Indian in possession could easily make him a defacto slave, the colonist seems to have preferred to retain him only as a servant...."[11] Servitude, on the other hand, was familiar enough, although not in the form which it eventually assumed in the colonies. The attitude of the colonists, when they first became confronted with the Negro question, was the attitude of Queen Elizabeth and Hawkins when it was proposed to go to Africa to barter for African servants.[12]
It was just as true in the colonial days as now that the attitude which the community takes towards the Negro population is largely determined by their relative numbers. If the Negroes had been numerous in the colonies immediately after 1619, it is reasonable to suppose that their status would have been defined earlier and more sharply than it was. But the numbers were not there.[13] Six years after the introduction of the first Negroes in Virginia, there were but twenty-three in the colony. Meanwhile the white population was about 2500. All through the first half of the century importation of Negroes was of an "occasional nature."[14] Forty years after the first introduction there were but three hundred Negroes in the colony.[15] It was during the last quarter of the seventeenth century that the number of Negroes in Virginia showed a noticeable increase. By 1683 there were three thousand; between 1700 and 1750, the increase was even more noticeable.[16] In Maryland, Negroes were not extensively introduced until the eighteenth century.[17] In 1665 a few slaves were brought to North Carolina and it was not until 1700 and after that their number reached eight hundred.[18] After their introduction by Sir John Yeamans in 1671 it was not until 1708 that the number of Negroes in South Carolina became a considerable part of the population.[19] In Pennsylvania, as early as 1639, a number of Negroes served a Swedish company. How many there were is not known.[20] In 1644, 1657, 1664 and 1677 several Negroes singly and in groups are known to have been in the region which afterwards became Pennsylvania. In this colony they were spoken of as "numerous" in 1702, but numerous then did not mean so many. Later their number is noticeable.[21] In Massachusetts, from 1638, when the Salem ship, Desire, returned from the West Indies with cotton, tobacco, and Negroes, to the close of the seventeenth century the number of Negroes was comparatively small.[22] Josselyn saw Negroes in the colony when he visited it in 1638-39.[23] In 1678, there were 200 in the colony and in 1678 Governor Andros reported that there were but a few. In 1680, Governor Bradstreet said no blacks or slaves had been brought in the colony in the space of fifty years except between forty and fifty one time and two or three now and then. In the nine years from 1698 to 1707, two hundred arrived and in 1735 there were 2,600 in the Province.[24] Immediately after 1619, then, the number of Negroes scattered throughout the colonies was comparatively small. It seems likely that their condition may be described as that of servitude, which at that time universally prevailed, rather than slavery.
We are likely to think of the status of the early Negroes in America as having been inherited or transplanted. Far from this, the status of the Negro in the early period, like slavery itself, was purely a local development.[25] The status of the early Negroes shows unmistakably that it developed in lines parallel to that of white servitude.[26] The motives which determined the growth of white servitude and Negro slavery are peculiar to the social and economic conditions of the colony of Virginia and its neighbors, whose inhabitants were primarily imported settlers and laborers. White servitude and black servitude were but different aspects of the same institution. As white servitude disappeared, Negro slavery succeeded it.[27]
The reason the early Negroes were not given at once the status of slaves is that there was at this time no legal basis for slavery. The Dutch who settled in New York seem to have defined the status of the Negro slave on the civil law of Holland. In the English colonies it was a local development.[28] Clearly, the ownership in the Negroes was widely recognized and practiced in custom and in law. It is equally clear, however, that white servitude and some form of black servitude existed for a long time side by side with Negro slavery. This recognition of slavery in custom and practice, moreover, makes its appearance near the date of the statutory recognition of slavery by the colonies.[29] Hence, the dates of this statutory recognition fix the "upper limit to the period" in which slavery may be said to have had a beginning.[30] In a number of the colonies, not only is absolute ownership in Negroes, hence slavery, conspicuous, by the absence of any records of it, but the priority of Negro servitude and of a free Negro class is established. Ownership in the services but not of the person was characteristic of both whites and Negroes in this early period.[32]
"Prior to 1619 every inhabitant of Virginia was practically a 'servant manipulated in the interest of the company, held in servitude beyond a stipulated term.'" "It was not an uncommon practice in the early period for shipmasters to sell white servants to the planters." By 1619 servitude was already recognized in the law of Virginia.[33]