Legislative Removal of the Indigenous People of America
Legislative Removal of the Indigenous People of America
In order to understand what happened to the indigenous Americans you must first look at the laws passed by the European conquerors. In particular you must review the Jamestown Laws on Slavery, which, under several pretexts, legislatively grouped and regrouped the indigenous people with Indians, Moors, Turks, and African slaves, and the Slave Trade Act of 1794, stopped the deportation of the slaves (the Indigenous Americans) out of America but did not stop the slave trade between the states.
The Jamestown Laws on Slavery
March 1655/6-ACT I. An Induction to the Acts concerning Indians
[Colonial legislators created a distinction between Native Americans and Africans in this statute.]
"If the Indians shall bring in any children as gages of their good and quiet intentions to us and amity with us, then the parents of such children shall choose the persons to whom the care of such children shall be intrusted and the countrey by us their representatives do engage that wee will not use them as slaves, but do their best to bring them up in Christianity, civillity and the knowledge of necessary trades; And on the report of the commissioners of each respective country that those under whose tuition they are, do really intend the bettering of the children in these particulars then a salary shall be allowed to such men as shall deserve and require it."
Source: Hening, ed., The Statutes at Large, vol. 1, p. 396 (Commonwealth).
March 1661/2-ACT CXXXVIII. Concerning Indians.
[The legislators decided that Native American and English servants were to serve their masters the same length of time.]
"And be it further enacted that what Englishman, trader, or other shall bring in any Indians as servants and shall assigne them over to any other, shall not sell them for slaves nor for any longer time than English of the like ages should serve by act of assembly."
Source: Hening, ed., The Statutes at Large, vol. 2, p. 143.
September 1667-ACT III. An act declaring that baptisme of slaves doth not exempt them from bondage.
[The passage of this statute indicates that Christianity was important to the concept of English identity. Legislators decided that slaves born in Virginia could not become free if they were baptized, but masters were encouraged to Christianize their enslaved laborers.]
"WHEREAS some doubts have risen whether children that are slaves by birth, and by the charity and piety of their owners made pertakers of the blessed sacrament of baptisme, should by vertue of their baptisme be made ffree; It is enacted and declared by this grand assembly, and the authority thereof, that the conferring of baptisme doth not alter the condition of the person as to his bondage or ffreedome; that diverse masters, ffreed from this doubt, may more carefully endeavour the propagation of christianity by permitting children, though slaves, or those of greater growth if capable to be admitted to that sacrament."
Source: Hening, ed., The Statutes at Large, vol. 2, p. 260.
October 1670-ACT IV. Noe Negroes nor Indians to buy christian servants.
[The number of blacks and Native Americans in Tidewater Virginia was small when this act was passed. The legislators knew that access to labor was necessary to succeed.]
"WHEREAS it hath beene questioned whither Indians or negroes manumited, or otherwise free, could be capable of purchasing christian servants, It is enacted that noe negroe or Indian though baptised and enjoyned their owne ffreedome shall be capable of any such purchase of christians, but yet not debarred from buying any of their owne nation."
Source: Hening, ed., The Statutes at Large, vol. 2, pp. 280-281.
The Jamestown Laws on Slavery
March 1655/6-ACT I. An Induction to the Acts concerning Indians
[Colonial legislators created a distinction between Native Americans and Africans in this statute.]
"If the Indians shall bring in any children as gages of their good and quiet intentions to us and amity with us, then the parents of such children shall choose the persons to whom the care of such children shall be intrusted and the countrey by us their representatives do engage that wee will not use them as slaves, but do their best to bring them up in Christianity, civillity and the knowledge of necessary trades; And on the report of the commissioners of each respective country that those under whose tuition they are, do really intend the bettering of the children in these particulars then a salary shall be allowed to such men as shall deserve and require it."
Source: Hening, ed., The Statutes at Large, vol. 1, p. 396 (Commonwealth).
March 1661/2-ACT CXXXVIII. Concerning Indians.
[The legislators decided that Native American and English servants were to serve their masters the same length of time.]
"And be it further enacted that what Englishman, trader, or other shall bring in any Indians as servants and shall assigne them over to any other, shall not sell them for slaves nor for any longer time than English of the like ages should serve by act of assembly."
Source: Hening, ed., The Statutes at Large, vol. 2, p. 143.
September 1667-ACT III. An act declaring that baptisme of slaves doth not exempt them from bondage.
[The passage of this statute indicates that Christianity was important to the concept of English identity. Legislators decided that slaves born in Virginia could not become free if they were baptized, but masters were encouraged to Christianize their enslaved laborers.]
"WHEREAS some doubts have risen whether children that are slaves by birth, and by the charity and piety of their owners made pertakers of the blessed sacrament of baptisme, should by vertue of their baptisme be made ffree; It is enacted and declared by this grand assembly, and the authority thereof, that the conferring of baptisme doth not alter the condition of the person as to his bondage or ffreedome; that diverse masters, ffreed from this doubt, may more carefully endeavour the propagation of christianity by permitting children, though slaves, or those of greater growth if capable to be admitted to that sacrament."
Source: Hening, ed., The Statutes at Large, vol. 2, p. 260.
October 1670-ACT IV. Noe Negroes nor Indians to buy christian servants.
[The number of blacks and Native Americans in Tidewater Virginia was small when this act was passed. The legislators knew that access to labor was necessary to succeed.]
"WHEREAS it hath beene questioned whither Indians or negroes manumited, or otherwise free, could be capable of purchasing christian servants, It is enacted that noe negroe or Indian though baptised and enjoyned their owne ffreedome shall be capable of any such purchase of christians, but yet not debarred from buying any of their owne nation."
Source: Hening, ed., The Statutes at Large, vol. 2, pp. 280-281.
October 1670-ACT XII. What tyme Indians to serve.
[This law created an additional distinction between African Americans and Native Americans. It was an attempt to make lifetime servitude the normal condition for all Africans imported into Virginia. The legislators repealed this statute in November 1682.]
"WHEREAS some dispute have arisen whither Indians taken in warr by any other nation, and by that nation that taketh them sold to the English, are sevants for life or terme of yeares, It is resolved and enacted that all servants not being christians imported into this colony by shipping shalbe slaves for their lives; but what shall come by land shall serve, if boyes or girles, untill thirty yeares of age, if men or women twelve yeares and no longer."
Source: Hening, ed., The Statutes at Large, vol. 2, p. 283.
June 1676-ACT I. An act for carrying on a warre against the barbarous Indians.
[In 1676 many Virginians were alarmed by Governor Berkeley's poor leadership and weak response in handling the Indian threat by merely suggesting a series of forts be built along the frontier rather than dispatching troops. Nathaniel Bacon, a member of England's gentry newly arrived in Virginia, became the military leader of a band of Virginians who armed themselves against the Indians in defiance of the governor in the spring of that year. Berkeley responded by unsuccessfully dispatching men to confront Bacon and declared him a rebel. Until Bacon's death from natural causes on October 26, 1676 he and Governor Berkeley struggled to control Virginia militarily and politically, embroiling Virginians in civil war. After the Assembly enacted many of Bacon's demands, Bacon with five hundred men captured the government and demanded from Berkeley the power to fight the Indians. That was granted on June 25 but later withdrawn. The governor, however, could not raise loyal troops to assert his authority and was forced to retreat to the Eastern Shore. Berkeley later returned to Jamestown to prepare for Bacon's attack but was forced to return to the Eastern Shore while Bacon burned the capital. Virginians, hesitant to fight one another, continued to vacillate in their support of Berkeley and Bacon in the ever-increasing confusion. Bacon's men, however, now turned to plundering loyalist plantations in Gloucester County and elsewhere. Bacon's sudden death left his men without a strong leader, and in January 1677 Berkeley returned to power and sought reparations for the loyalists. During the Rebellion the Indians probably suffered the most. Many were killed and a number of their villages were destroyed. In June of 1676 members of the Assembly decided that Native Americans captured during the rebellion would become slaves for life.]
"And bee it further enacted by the authority aforesaid, that all Indians taken in warr be held and accounted slaves dureing life, and if any differences shall arise in cases about plunder or slaves, the cheife commander of the party takeing such slaves or plunder is to be the sole judge thereof to make equall division as hee shall see fit."
Source: Hening, ed., The Statutes at Large, vol. 2, p. 346 (BACON'S LAWS).
November 1682-ACT I. An act to repeale a former law making Indians and others ffree.
[Two acts passed in November of 1682 joined Native Americans, [Indigenous Americans,] and Africans into one racial category-"negroes and other slaves."]
"And be it further enacted by the authority aforesaid that all servants except Turkes and Moores, whilest in amity with his majesty which from and after publication of this act shall be brought or imported into this country, either by sea or land, whether Negroes, Moors, Mollattoes or Indians, who and whose parentage and native country are not christian at the time of their first purchase of such servant by some christian, although afterwards, and before such their importation and bringing into this country, they shall be converted to the christian faith; and all Indians which shall hereafter be sold by our neighbouring Indians, or any other trafiqueing with us as for slaves are hereby adjudged, deemed and taken to be slaves to all intents and purposes, any law, usage or custome to the countrary notwithstanding."
Source: Hening, ed., The Statutes at Large, vol. 2, pp. 491-492
November 1682-ACT II. An act declaring Indian women servants tithables.
"WHEREAS it hath bin doubted whether Indian women servants sold to the English above the age of sixteene yeares be tythable, Bee it enacted and declared, and it is hereby enacted and declared by the governour, councill and burgesses of this generall assembly and the authority thereof, that all Indian women are and shall be tythables, and ought to pay levies in like manner as negroe women brought into this country doe, and ought to pay."
Source: Hening, ed., The Statutes at Large, vol. 2, p. 492.
October 1705-CHAP. IV. An act declaring who shall not bear office in this country.
[The text of this act suggests that a free man of color did hold an office sometime before October of 1705. The statute contains the first definition of a mulatto in Virginia's laws.]
"BE it enacted by the governor, council and burgesses, of this present general assembly, and it is hereby enacted by the authority of the same, That no person whatsoever, already convicted, or which hereafter shall be convicted in her majestys kingdom of England in this or in any other her majestys dominion, colonies, islands, territorys or plantations, or in any other kingdom, dominion or place, belonging to any foreigh prince or state whatsoever, of treason, murther, fellony, blasphemy, perjury, forgery or any other crime whatsoever, punishable by the laws of England, this country, or other place wherein he was convicted with the loss of life or member, nor any negro, mulatto or Indian, shall, from and after the publication of this act, bear any office, ecclesiasticall, civill or military, or be in any place of public trust or power, within this her majestys colony and dominion of Virginia, and that if any person convicted as aforesaid, or negro, mulatto or Indian shall presume to take upon him, act in, or exercise any office, ecclesiasticall, civill or military, or any place of publick trust or power, within this colony and dominion, notwithstanding he be thereunto in any manner whatsoever comissionated, appointed, chosen or impowered, and have a pardon for his crime, he shall for such his offence, forfeit and pay five hundred pounds current money, and twenty pounds of like money for every month he continues to act in or exercise such office or place after a recovery made of the said five hundred pounds.
And for clearing all manner of doubts which hereafter may happen to arise upon the construction of this act, or any other act, who shall be accounted a mulatto,
Be it enacted and declared, and it is hereby enacted and declared, That the child of an Indian and the child, grand child, or great grand child, of a negro shall be deemed, accounted, held and taken to be a mulatto."
Source: Hening, ed., The Statutes at Large, vol. 3, pp. 250-251, 252.
The full text of the James Town Laws can be viewed at www.vagenweb.org/hening/vol02-
[This law created an additional distinction between African Americans and Native Americans. It was an attempt to make lifetime servitude the normal condition for all Africans imported into Virginia. The legislators repealed this statute in November 1682.]
"WHEREAS some dispute have arisen whither Indians taken in warr by any other nation, and by that nation that taketh them sold to the English, are sevants for life or terme of yeares, It is resolved and enacted that all servants not being christians imported into this colony by shipping shalbe slaves for their lives; but what shall come by land shall serve, if boyes or girles, untill thirty yeares of age, if men or women twelve yeares and no longer."
Source: Hening, ed., The Statutes at Large, vol. 2, p. 283.
[In 1676 many Virginians were alarmed by Governor Berkeley's poor leadership and weak response in handling the Indian threat by merely suggesting a series of forts be built along the frontier rather than dispatching troops. Nathaniel Bacon, a member of England's gentry newly arrived in Virginia, became the military leader of a band of Virginians who armed themselves against the Indians in defiance of the governor in the spring of that year. Berkeley responded by unsuccessfully dispatching men to confront Bacon and declared him a rebel. Until Bacon's death from natural causes on October 26, 1676 he and Governor Berkeley struggled to control Virginia militarily and politically, embroiling Virginians in civil war. After the Assembly enacted many of Bacon's demands, Bacon with five hundred men captured the government and demanded from Berkeley the power to fight the Indians. That was granted on June 25 but later withdrawn. The governor, however, could not raise loyal troops to assert his authority and was forced to retreat to the Eastern Shore. Berkeley later returned to Jamestown to prepare for Bacon's attack but was forced to return to the Eastern Shore while Bacon burned the capital. Virginians, hesitant to fight one another, continued to vacillate in their support of Berkeley and Bacon in the ever-increasing confusion. Bacon's men, however, now turned to plundering loyalist plantations in Gloucester County and elsewhere. Bacon's sudden death left his men without a strong leader, and in January 1677 Berkeley returned to power and sought reparations for the loyalists. During the Rebellion the Indians probably suffered the most. Many were killed and a number of their villages were destroyed. In June of 1676 members of the Assembly decided that Native Americans captured during the rebellion would become slaves for life.]
"And bee it further enacted by the authority aforesaid, that all Indians taken in warr be held and accounted slaves dureing life, and if any differences shall arise in cases about plunder or slaves, the cheife commander of the party takeing such slaves or plunder is to be the sole judge thereof to make equall division as hee shall see fit."
Source: Hening, ed., The Statutes at Large, vol. 2, p. 346 (BACON'S LAWS).
November 1682-ACT I. An act to repeale a former law making Indians and others ffree.
[Two acts passed in November of 1682 joined Native Americans, [Indigenous Americans,] and Africans into one racial category-"negroes and other slaves."]
"And be it further enacted by the authority aforesaid that all servants except Turkes and Moores, whilest in amity with his majesty which from and after publication of this act shall be brought or imported into this country, either by sea or land, whether Negroes, Moors, Mollattoes or Indians, who and whose parentage and native country are not christian at the time of their first purchase of such servant by some christian, although afterwards, and before such their importation and bringing into this country, they shall be converted to the christian faith; and all Indians which shall hereafter be sold by our neighbouring Indians, or any other trafiqueing with us as for slaves are hereby adjudged, deemed and taken to be slaves to all intents and purposes, any law, usage or custome to the countrary notwithstanding."
Source: Hening, ed., The Statutes at Large, vol. 2, pp. 491-492
November 1682-ACT II. An act declaring Indian women servants tithables.
"WHEREAS it hath bin doubted whether Indian women servants sold to the English above the age of sixteene yeares be tythable, Bee it enacted and declared, and it is hereby enacted and declared by the governour, councill and burgesses of this generall assembly and the authority thereof, that all Indian women are and shall be tythables, and ought to pay levies in like manner as negroe women brought into this country doe, and ought to pay."
Source: Hening, ed., The Statutes at Large, vol. 2, p. 492.
October 1705-CHAP. IV. An act declaring who shall not bear office in this country.
[The text of this act suggests that a free man of color did hold an office sometime before October of 1705. The statute contains the first definition of a mulatto in Virginia's laws.]
"BE it enacted by the governor, council and burgesses, of this present general assembly, and it is hereby enacted by the authority of the same, That no person whatsoever, already convicted, or which hereafter shall be convicted in her majestys kingdom of England in this or in any other her majestys dominion, colonies, islands, territorys or plantations, or in any other kingdom, dominion or place, belonging to any foreigh prince or state whatsoever, of treason, murther, fellony, blasphemy, perjury, forgery or any other crime whatsoever, punishable by the laws of England, this country, or other place wherein he was convicted with the loss of life or member, nor any negro, mulatto or Indian, shall, from and after the publication of this act, bear any office, ecclesiasticall, civill or military, or be in any place of public trust or power, within this her majestys colony and dominion of Virginia, and that if any person convicted as aforesaid, or negro, mulatto or Indian shall presume to take upon him, act in, or exercise any office, ecclesiasticall, civill or military, or any place of publick trust or power, within this colony and dominion, notwithstanding he be thereunto in any manner whatsoever comissionated, appointed, chosen or impowered, and have a pardon for his crime, he shall for such his offence, forfeit and pay five hundred pounds current money, and twenty pounds of like money for every month he continues to act in or exercise such office or place after a recovery made of the said five hundred pounds.
And for clearing all manner of doubts which hereafter may happen to arise upon the construction of this act, or any other act, who shall be accounted a mulatto,
Be it enacted and declared, and it is hereby enacted and declared, That the child of an Indian and the child, grand child, or great grand child, of a negro shall be deemed, accounted, held and taken to be a mulatto."
Source: Hening, ed., The Statutes at Large, vol. 3, pp. 250-251, 252.
The full text of the James Town Laws can be viewed at www.vagenweb.org/hening/vol02-
The Slave Trade Act of 1794
The bill was introduced during the 3rd Congress that convened December 2, 1793. This bill was then passed March 22, 1794, with the title: An Act to prohibit the carrying on the Slave Trade from the United States to any foreign place or country.
Text of the law
Section 2 allows for forfeiture by owners and the possibility of a $2,000 fine. Section 3 affected foreign merchants. Section 4 forfeited any slaves on board the ship and a fine of $200 per slave. In short, the Act limited the international slave trade to foreign ships, and foreign ships using United States' ports had to agree not to export from U.S. ports.
Labels: African American, Colored, Henry Louis gates, Indigenous American, Jamestown Laws, Moors, Mulatto, Native American, Negro, Slave Trade Act, Turks
posted by Ray Akins @ 9:04 AM
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