When studying family history, it is always tempting to look back to ancestors that you hope took part in the positive shaping of the United States, but it also means looking at those actions which it is difficult to be proud of. For me, perhaps the most embarrassing and subsequently disastrous one took place in 1662. As previous blogs have documented, several of our ancestors were elected to the Virginia House of Burgesses, one of the first democratic governing bodies in the American Colonies. The laws they enacted subsequently helped to shape the course of American history.
As has been mentioned, the first African slaves to come to the colonies arrived in Virginia in 1619. In addition to these slaves many white colonists also came from England as indentured servants. At the time that Virginia was colonized, English law said that the family line followed that of the father. Initially, the actual conditions of servitude for whites and blacks were relatively similar, but as tobacco became the chief crop and there was not enough labor to keep up with the demand, more African slaves were imported and laws were passed saying that the children of African slaves were also slaves. Slaves became regarded as chattel, i.e., as property.
As abhorrent as this was, the situation became even worse when a child was the result of parents of different races. According to the English laws of the time that ruled the colonies, the child of a black father and a white mother would have been a slave, but the child of a white father and a black mother would have been free, since the child should follow the status of the father. The problem this created from the plantation owners’ point of view was that this would deprive them of what would have been potential labor. To remedy this situation in 1662 the Virginia House of Burgesses passed the following statute (original spelling retained):
Whereas some doubts have arrisen whether children got by an Englishman upon a negro woman should be slave or free, Be it therefore enacted and declared by this present grand assembly that all children borne in this country shalbe held bond or free only according to the condition of the mother.
Not only did this act completely counteract prevailing English law, but it set up the notorious condition whereby white plantation owners forced themselves upon Black female slaves not only simply for sexual gratification but with the specific purpose of producing children that, as property, could either be used for labor or sold. This statue was quickly imitated in other slave-holding colonies and its ripple effect is a legacy still very much felt today. It is not a legacy to be proud of.