White indentured servitude and its transition to slavery

¶ … Indentured Servitude to Slavery

The transition from indentured servitude to race-based slavery occurred over the course of a generation. The transition not only occurred on a social level, but was also established through legislation in the colonies, as well as, in England. Though blacks and whites initially had the same rights, racial discrimination began as a form of convenience before it became a way of life.

In the early years of colonization in the United States, blacks and whites worked side by side in the fields in order to fulfill their servant contracts. These indentured servants were punished equally if they were to break their servant contracts. Benefits of indentured servitude included being housed and fed. Upon completion of their contracts, freed servants were granted "freedom dues" which included a piece of land, supplies, and a gun.

Traditionally, the English enslaved non-Christians and believed that they had the right to enslave any non-Christian prisoner of war. These non-Christian slaves could obtain their freedom through conversion to Christianity. As of 1621, neither English nor Colonial law defined slavery based on race. Discrimination within the colonies was based upon social status; early Virginians considered themselves Englishmen or Christians, or distinguished themselves as nobility, gentry, artisans, or servants.

The transition from indentured servitude to slavery can be traced back to a single event in Virginia. In 1640, three servants ran away from Hugh Gwyn's plantation in Virginia and tried to escape to Maryland. Of those servants, two men were white and one was black. Once the three men were captured, they were brought forth before a judge in order to be sentenced for attempting to break their contracts. All men were sentenced to 30 lashes. The two white fugitives had their servant contracts extended by four years, whereas the black fugitive, John Punch, was sentenced to "serve his said master or his assigns for the time of his natural Life here or elsewhere."

It is presumed that his sentence was considerably harsher because he was a non-Christian. Because he could not gain his freedom through conversion as was once custom, slavery began to transition to a practice based on the color of one's skin.

Indentured servitude was also beginning to fall out of favor as freed indentured servants began to pose a threat to the property owning elite. This tension between freed indentured slaves and the elite upper classes led to Virginia placing restrictions on available lands.

These restrictions further intensified the tension and created social unrest. Indentured servants moving on from their service produced a need for costly replacements. On the other hand, those that were slaves could not move on and become competitors and were economically more desirable.

A series of laws were passed in Virginia that made it more difficult to be an equal member of society if an individual was black. In 1639, Virginia passed the first law that intended to exclude "Negroes" from any normal government protections. Furthermore, in 1664, Virginia passed the first anti-amalgamation law that prohibited anyone from procreating outside of their race; this law was followed up in 1691 with another law that would banish individuals from the colony if there were to marry outside of their race. In 1667, a law was passed that determined that Christian baptisms could no longer be used to free slaves. In 1682, Virginia passed legislation that officially determined that there was a racial distinction between servants and slaves.

Slavery was also aided through the passage of laws within the colonies and abroad in England. In 1641, Massachusetts became the first colony to recognize slavery, Virginia following suit shortly thereafter. In 1662, Virginia declared that any children born to slaves were to become slaves themselves, thus instituting the practice that slavery was hereditary. The final blow, instigated by Virginia in 1705, declared "all servants imported and brought to this Country…who were not Christians in their Native Country…shall be slaves. A Negro, mulatto, and Indian slaves…shall be held to be real estate."

Furthermore, the King of England encouraged the expansion of the slave trade through the charter of the Royal African Company in 1672. In 1698, British Parliament ruled that any English subject could engage in the slave trade thus acknowledging the slave trade to be a profitable and accepted trade.

During the first 50 years of the 1700s, the number of Africans taken to the British colonies rose from 5,000 to 45,000 a year. It was through this trade and the passing of legislation that led England to become the number one exporter and trafficker of slaves in the world, far surpassing Spain and Portugal.