Slavery In The United States

The legal institution of human chattel slavery, comprising the enslavement primarily of Africans and African Americans, was prevalent in the United States of America from its founding in 1776 until 1865, predominantly in the South. Slavery was established throughout European colonization in the Americas. From 1526, during early colonial days, it was practiced in what became Britain's colonies, including the Thirteen Colonies that formed the United States. Under the law, an enslaved person was treated as property that could be bought, sold, or given away. Slavery lasted in about half of U.S. states until abolition. In the decades after the end of Reconstruction, many of slavery's economic and social functions were continued through segregation, sharecropping, and convict leasing.

By the time of the American Revolution (1775–1783), the status of enslaved people had been institutionalized as a racial caste associated with African ancestry. During and immediately following the Revolution, abolitionist laws were passed in most Northern states and a movement developed to abolish slavery. The role of slavery under the United States Constitution (1789) was the most contentious issue during its drafting. Although the creators of the Constitution never used the word "slavery", the final document, through the three-fifths clause, gave slave owners disproportionate political power by augmenting the congressional representation and the Electoral College votes of slaveholding states. The Fugitive Slave Clause of the Constitution— Article IV, Section 2, Clause 3—provided that, if a slave escaped to another state, the other state had to return the slave to his or her master. This clause was implemented by the Fugitive Slave Act of 1793, passed by Congress. All Northern states had abolished slavery in some way by 1805; sometimes, abolition was a gradual process, a few hundred people were enslaved in the Northern states as late as the 1840 Census. Some slaveowners, primarily in the Upper South, freed their slaves, and philanthropists and charitable groups bought and freed others. The Atlantic slave trade was outlawed by individual states beginning during the American Revolution. The import trade was banned by Congress in 1808, although smuggling was common thereafter. It has been estimated that about 30% of congressmen who were born before 1840 were, at some time in their lives, owners of slaves.

The rapid expansion of the cotton industry in the Deep South after the invention of the cotton gin greatly increased demand for slave labor, and the Southern states continued as slave societies. The United States became ever more polarized over the issue of slavery, split into slave and free states. Driven by labor demands from new cotton plantations in the Deep South, the Upper South sold more than a million slaves who were taken to the Deep South. The total slave population in the South eventually reached four million. Stephen D. Behrendt, David Richardson, and David Eltis, W. E. B. Du Bois Institute for African and African-American Research, Harvard University. Based on "records for 27,233 voyages that set out to obtain slaves for the Americas". As the United States expanded, the Southern states attempted to extend slavery into the new western territories to allow proslavery forces to maintain their power in the country. The new territories acquired by the Louisiana Purchase and the Mexican Cession were the subject of major political crises and compromises. By 1850, the newly rich, cotton-growing South was threatening to secede from the Union, and tensions continued to rise. Bloody fighting broke out over slavery in the Kansas Territory. Slavery was defended in the South as a "positive good", and the largest religious denominations split over the slavery issue into regional organizations of the North and South.

When Abraham Lincoln won the 1860 election on a platform of halting the expansion of slavery, seven slave states seceded to form the Confederacy. Shortly afterward, on April 12, 1861, the Civil War began when Confederate forces attacked the U.S. Army's Fort Sumter in Charleston, South Carolina. Four additional slave states then joined the Confederacy after Lincoln, on April 15, called forth in response "the militia of the several States of the Union, to the aggregate number of seventy-five thousand, in order to suppress" the rebellion. During the war some jurisdictions abolished slavery and, due to Union measures such as the Confiscation Acts and the Emancipation Proclamation, the war effectively ended slavery in most places. After the Union victory, the Thirteenth Amendment to the United States Constitution was ratified on December 6, 1865, prohibiting "slavery ndinvoluntary servitude, except as a punishment for crime."

Origins

First enslavements

In 1508, Juan Ponce de León established the Spanish settlement in Puerto Rico, which used the native Taínos for labor. The Taínos were largely exterminated by war, overwork and diseases brought by the Spanish. In 1513, to supplement the dwindling Taíno population, the first enslaved African people were imported to Puerto Rico. The abolition of Indian slavery in 1542 with the New Laws increased the demand for African slaves.

A century and a half later, the British conducted enslaving raids in what is now Georgia, Tennessee, North Carolina, South Carolina, Florida and possibly Alabama. The Charles Town slave trade, which included both trading and direct raids by colonists, was the largest among the British colonies in North America. Between 1670 and 1715, between 24,000 and 51,000 captive Native Americans were exported from South Carolinamore than the number of Africans imported to the colonies of the future United States during the same period.Gallay, Alan. (2002) ''The Indian Slave Trade: The Rise of the English Empire in the American South 1670–1717''. Yale University Press: New York. , p. 299 Additional enslaved Native Americans were exported from South Carolina to Virginia, Pennsylvania, New York, Rhode Island and Massachusetts.
The historian Alan Gallay says, "the trade in Indian slaves was at the center of the English empire's development in the American South. The trade in Indian slaves was the most important factor affecting the South in the period 1670 to 1715"; intertribal wars to capture slaves destabilized English colonies, Spanish Florida, and French Louisiana.

First continental African enslaved people

The first Africans enslaved within continental North America arrived via Santo Domingo to the San Miguel de Gualdape colony (most likely located in the Winyah Bay area of present-day South Carolina), founded by Spanish explorer Lucas Vázquez de Ayllón in 1526. The ill-fated colony was almost immediately disrupted by a fight over leadership, during which the enslaved people revolted and fled the colony to seek refuge among local Native Americans. De Ayllón and many of the colonists died shortly afterward of an epidemic and the colony was abandoned. The settlers and the enslaved people who had not escaped returned to Santo Domingo.

On August 28, 1565, St. Augustine, Florida, was founded by the Spanish conquistador Don Pedro Menendez de Aviles, and he brought three enslaved Africans with him. During the 16th and 17th centuries, St. Augustine was the hub of the trade in enslaved people in Spanish Florida and the first permanent settlement in what would become the continental United States to include enslaved Africans. The first birth of an enslaved African in what is now the United States was Agustín, who was born in St. Augustine in 1606.

Indentured servants

In the early years of the Chesapeake Colonies (Virginia and Maryland), colonial officials found it difficult to attract and retain laborers under the harsh frontier conditions, and there was a high mortality rate.Richard Hofstadter, "White Servitude"
, n.d., Montgomery College. Retrieved January 11, 2012. Most laborers came from Britain as indentured laborers, signing contracts of indenture to pay with work for their passage, their upkeep and their training, usually on a farm. The colonies had agricultural economies. These indentured laborers were often young people who intended to become permanent residents. In some cases, convicted criminals were transported to the colonies as indentured laborers, rather than being imprisoned. The indentured laborers were not slaves, but were required to work for four to seven years in Virginia to pay the cost of their passage and maintenance.

The first Africans to reach the colonies that England was struggling to establish were a group of some 20 enslaved people who arrived at Point Comfort, Virginia, near Jamestown, in August 1619, brought by British privateers who had seized them from a captured Portuguese slave ship. Colonists do not appear to have made indenture contracts for most Africans. Although it is possible that some of them were freed after a certain period, most of them remained enslaved for life. The historian Ira Berlin noted that what he called the "charter generation" in the colonies was sometimes made up of mixed-race men (Atlantic Creoles) who were indentured servants and whose ancestry was African and Iberian. They were descendants of African women and Portuguese or Spanish men who worked in African ports as traders or facilitators in the trade of enslaved people. The transformation of the status of Africans, from indentured servitude to slaves in a racial caste that they could not leave or escape, happened over the next generation.

First slave laws

There were no laws regarding slavery early in Virginia's history, but, in 1640, a Virginia court sentenced John Punch, an African, to life in servitude after he attempted to flee his service. The two whites with whom he fled were sentenced only to an additional year of their indenture, and three years' service to the colony. This marked the first ''de facto'' legal sanctioning of slavery in the English colonies and was one of the first legal distinctions made between Europeans and Africans.

In 1641, the Massachusetts Bay Colony became the first colony to authorize slavery through enacted law. Massachusetts passed the Body of Liberties, which prohibited slavery in many instances but allowed people to be enslaved if they were captives of war, if they sold themselves into slavery or were purchased elsewhere, or if they were sentenced to slavery as punishment by the governing authority. The Body of Liberties used the word "strangers" to refer to people bought and sold as slaves; they were generally not English subjects. Colonists came to equate this term with Native Americans and Africans.

In 1654, John Casor, a black indentured servant in colonial Virginia, was the first man to be declared a slave in a civil case. He had claimed to an officer that his master, Anthony Johnson, had held him past his indenture term. Johnson himself was a free black, who had arrived in Virginia in 1621 from Portuguese Angola. A neighbor, Robert Parker, told Johnson that if he did not release Casor, he would testify in court to this fact. Under local laws, Johnson was at risk for losing some of his headright lands for violating the terms of indenture. Under duress, Johnson freed Casor. Casor entered into a seven years' indenture with Parker. Feeling cheated, Johnson sued Parker to repossess Casor. A Northampton County, Virginia court ruled for Johnson, declaring that Parker illegally was detaining Casor from his rightful master who legally held him "for the duration of his life".

First inherited status laws

During the colonial period, the status of enslaved people was affected by interpretations related to the status of foreigners in England. England had no system of naturalizing immigrants to its island or its colonies. Since persons of African origins were not English subjects by birth, they were among those peoples considered foreigners and generally outside English common law. The colonies struggled with how to classify people born to foreigners and subjects. In 1656 Virginia, Elizabeth Key Grinstead, a mixed-race woman, successfully gained her freedom and that of her son in a challenge to her status by making her case as the baptized Christian daughter of the free Englishman Thomas Key. Her attorney was an English subject, which may have helped her case (he was also the father of her mixed-race son, and the couple married after Key was freed).Taunya Lovell Banks, "Dangerous Woman: Elizabeth Key's Freedom SuitSubjecthood and Racialized Identity in Seventeenth Century Colonial Virginia"
Digital Commons Law, University of Maryland Law School. Retrieved April 21, 2009.

In 1662, shortly after the Elizabeth Key trial and similar challenges, the Virginia royal colony approved a law adopting the principle of ''partus sequitur ventrem'' (called ''partus'', for short), stating that any children born in the colony would take the status of the mother. A child of an enslaved mother would be born into slavery, regardless if the father were a freeborn Englishman or Christian. This was a reversal of common law practice in England, which ruled that children of English subjects took the status of the father. The change institutionalized the skewed power relationships between those who enslaved people and enslaved women, freed white men from the legal responsibility to acknowledge or financially support their mixed-race children, and somewhat confined the open scandal of mixed-race children and miscegenation to within the slave quarters.

Increasing slave trade

In 1672, King Charles II rechartered the Royal African Company (it had initially been set up in 1660) as an English monopoly for the African slave and commodities trade. In 1698, by statute, the English parliament opened the trade to all English subjects. The trade of enslaved people to the mid-Atlantic colonies increased substantially in the 1680s, and, by 1710, the African population in Virginia had increased to 23,100 (42% of total); Maryland had 8,000 Africans (14.5% of total). In the early 18th century, England passed Spain and Portugal to become the world's leading trader of enslaved people. From the early 18th century British colonial merchants, especially in Charleston, South Carolina, challenged the monopoly of the Royal African Company, and Joseph Wragg and Benjamin Savage became the first independent traders of enslaved people to break through the monopoly by the 1730s.

First religious status laws

The Virginia slave codes of 1705 further defined as slaves those people imported from nations that were not Christian. Native Americans who were sold to colonists by other Native Americans (from rival tribes), or captured by Europeans during village raids, were also defined as slaves. This codified the earlier principle of non-Christian foreigner enslavement.

First anti-slavery causes

In 1735, the Georgia Trustees enacted a law prohibiting slavery in the new colony, which had been established in 1733 to enable the "worthy poor," as well as persecuted European Protestants, to have a new start. Slavery was then legal in the other 12 English colonies. Neighboring South Carolina had an economy based on the use of enslaved labor. The Georgia Trustees wanted to eliminate the risk of slave rebellions and make Georgia better able to defend against attacks from the Spanish to the south, who offered freedom to escaped enslaved people. James Edward Oglethorpe was the driving force behind the colony, and the only trustee to reside in Georgia. He opposed slavery on moral grounds as well as for pragmatic reasons, and vigorously defended the ban on slavery against fierce opposition from Carolina merchants of enslaved people and land speculators.

The Protestant Scottish highlanders who settled what is now Darien, Georgia, added a moral anti-slavery argument, which became increasingly rare in the South, in their 1739 "Petition of the Inhabitants of New Inverness". By 1750 Georgia authorized slavery in the colony because it had been unable to secure enough indentured servants as laborers. As economic conditions in England began to improve in the first half of the 18th century, workers had no reason to leave, especially to face the risks in the colonies.

Slavery in British colonies

During most of the British colonial period, slavery existed in all the colonies. People enslaved in the North typically worked as house servants, artisans, laborers and craftsmen, with the greater number in cities. Many men worked on the docks and in shipping. In 1703, more than 42% of New York City households enslaved people, the second-highest proportion of any city in the colonies, behind only Charleston, South Carolina."Slavery in New York"
''The Nation'', November 7, 2005 But enslaved people were also used as agricultural workers in farm communities, especially in the South, but also including in areas of upstate New York and Long Island, Connecticut and New Jersey. By 1770, there were 397,924 blacks in a population of 2.17 million. They were unevenly distributed: There were 14,867 in New England, where they were 3% of the population; 34,679 in the mid-Atlantic colonies, where they were 6% of the population (19,000 were in New York or 11%); and 347,378 in the five Southern Colonies, where they were 31% of the population

The South developed an agricultural economy dependent on commodity crops. Its planters rapidly acquired a significantly higher number and proportion of enslaved people in the population overall, as its commodity crops were labor-intensive."The First Black Americans"
, Hashaw, Tim; ''U.S. News & World Report'', 1/21/07 Early on, enslaved people in the South worked primarily on farms and plantations growing indigo, rice and tobacco; cotton did not become a major crop until after the 1790s. Before then long-staple cotton was cultivated primarily on the Sea Islands of Georgia and South Carolina.

The invention of the cotton gin in 1793 enabled the cultivation of short-staple cotton in a wide variety of mainland areas, leading to the development of large areas of the Deep South as cotton country in the 19th century. Rice and tobacco cultivation were very labor-intensive."Slavery in America"
''Encyclopædia Britannica's Guide to Black History''. Retrieved October 24, 2007. In 1720, about 65% of South Carolina's population was enslaved. Planters (defined by historians in the Upper South as those who held 20 or more slaves) used enslaved workers to cultivate commodity crops. They also worked in the artisanal trades on large plantations and in many Southern port cities. The later wave of settlers in the 18th century who settled along the Appalachian Mountains and backcountry were backwoods subsistence farmers, and they seldom held enslaved people.

Some of the British colonies attempted to abolish the international slave trade, fearing that the importation of new Africans would be disruptive. Virginia bills to that effect were vetoed by the British Privy Council. Rhode Island forbade the import of enslaved people in 1774. All of the colonies except Georgia had banned or limited the African slave trade by 1786; Georgia did so in 1798. Some of these laws were later repealed.

About 600,000 slaves were transported to the United States, or 5% of the twelve million slaves taken from Africa. About 310,000 of these persons were imported into the Thirteen Colonies before 1776: 40% directly and the rest from the Caribbean.

Slaves transported to the British colonies and United States:
* 1620–1700......21,000
* 1701–1760....189,000
* 1761–1770......63,000
* 1771–1790......56,000
* 1791–1800......79,000
* 1801–1810....124,000
* 1810–1865......51,000
* Total .............597,000

They constituted less than 5% of the 12 million enslaved people brought from Africa to the Americas. The great majority of enslaved Africans were transported to sugar plantations in the Caribbean and to Portuguese Brazil. As life expectancy was short, their numbers had to be continually replenished. Life expectancy was much higher in the United States, and the enslaved population was successful in reproduction. The number of enslaved people in the United States grew rapidly, reaching by the 1860 Census. From 1770 to 1860, the rate of natural growth of North American enslaved people was much greater than for the population of any nation in Europe, and it was nearly twice as rapid as that of England.

The number of enslaved and free blacks rose from 759,000 (60,000 free) in the 1790 U.S. Census to 4,450,000 (480,000, or 11%, free) in the 1860 U.S. Census, a 580% increase. The white population grew from 3.2 million to 27 million, an increase of 1,180% due to high birth rates and 4.5 million immigrants, overwhelmingly from Europe, and 70% of whom arrived in the years 1840–1860. The percentage of the black population dropped from 19% to 14%, as follows: 1790: 757,208 .. 19% of population, of whom 697,681 (92%) were enslaved. 1860: 4,441,830 .. 14% of population, of whom 3,953,731 (89%) were enslaved.

Slavery in French Louisiana

Louisiana was founded as a French colony. Colonial officials in 1724 implemented Louis XIV of France's '' Code Noir'', which regulated the slave trade and the institution of slavery in New France and the French West Indies. This resulted in Louisiana, which was purchased by the United States in 1803, having a different pattern of slavery than the rest of the United States.Martin H. Steinberg, ''Disorders of Hemoglobin: Genetics, Pathophysiology, and Clinical Management'', pp. 725–72
Google Books
/ref> As written, the ''Code Noir'' gave some rights to slaves, including the right to marry. Although it authorized and codified cruel corporal punishment against slaves under certain conditions, it forbade slave owners from torturing them, separating married couples, or separating young children from their mothers. It also required owners to instruct slaves in the Catholic faith.Rodney Stark, ''For the Glory of God: How Monotheism Led to Reformations, Science, Witch-hunts, and the End of Slavery'', p. 32
Internet Archive
Note that the hardcover edition has a typographical error stating "31.2 percent"; it is corrected to 13.2 in the paperback edition. The 13.2% value for the percentage of free people of color (see below) is confirmed with 1830 census data.

Together with a more permeable historic French system that allowed certain rights to '' gens de couleur libres'' (free people of color), who were often born to white fathers and their mixed-race concubines, a far higher percentage of African Americans in Louisiana were free as of the 1830 census (13.2% in Louisiana compared to 0.8% in Mississippi, whose population was dominated by white Anglo-Americans). Most of Louisiana's "third class" of free people of color, situated between the native-born French and mass of African slaves, lived in New Orleans