Part 6 (1/2)

Nevertheless as early as the sixteen-forties the holders of negroes were falling into the custom of considering them, and on occasion selling them along with the issue of the females, as servants for life and perpetuity.

The fact that negroes not bound for a term were coming to be appraised as high as 30, while the most valuable white redemptioners were worth not above 15 shows also the tendency toward the crystallization of slavery before any statutory enactments declared its existence.[13]

[Footnote 13: The substance of this paragraph is drawn mainly from the illuminating discussion of J.H. Russell, _The Free Negro in Virginia_ (Johns Hopkins University _Studies_, x.x.xI, no. 3, Baltimore, 1913), pp.

24-35.]

Until after the middle of the century the laws did not discriminate in any way between the races. The tax laws were an index of the situation. The act of 1649, for example, confined the poll tax to male inhabitants of all sorts above sixteen years old. But the act of 1658 added imported female negroes, along with Indian female servants; and this rating of negro women as men for tax purposes was continued thenceforward as a permanent practice. A special act of 1668, indeed, gave sharp a.s.sertion to the policy of using taxation as a token of race distinction: ”Whereas some doubts have arisen whether negro women set free were still to be accompted t.i.thable according to a former act, it is declared by this grand a.s.sembly that negro women, though permitted to enjoy their freedome yet ought not in all respects to be admitted to a full fruition of the exemptions and impunities of the English, and are still liable to the payment of taxes.”[14]

[Footnote 14: W.W. Hening, _Statutes at Large of Virginia_, I, 361, 454; II, 267.]

As to slavery itself, the earliest laws giving it mention did not establish the inst.i.tution but merely recognized it, first indirectly then directly, as in existence by force of custom. The initial act of this series, pa.s.sed in 1656, promised the Indian tribes that when they sent hostages the Virginians would not ”use them as slaves.”[15] The next, an act of 1660, removing impediments to trade by the Dutch and other foreigners, contemplated specifically their bringing in of ”negro slaves.”[16] The third, in the following year, enacted that if any white servants ran away in company with ”any negroes who are incapable of making satisfaction by addition of time,” the white fugitives must serve for the time of the negroes' absence in addition to suffering the usual penalties on their own score.[17] A negro whose time of service could not be extended must needs have been a servant for life--in other words a slave. Then in 1662 it was enacted that ”whereas some doubts have arrisen whether children got by any Englishman upon a negro woman shall be slave or free, ... all children born in this colony shall be bond or free only according to the condition of the mother.”[18] Thus within six years from the first mention of slaves in the Virginia laws, slavery was definitely recognized and established as the hereditary legal status of such negroes and mulattoes as might be held therein. Eighteen years more elapsed before a distinctive police law for slaves was enacted; but from 1680 onward the laws for their control were as definite and for the time being virtually as stringent as those which in the same period were being enacted in Barbados and Jamaica.

[Footnote 15: _Ibid_., I, 396.]

[Footnote 16: _Ibid_., 540.]

[Footnote 17: T Hening, II, 26.]

[Footnote 18: _Ibid_., 170.]

In the first decade or two after the London Company's end the plantation and farm clearings broke the Virginian wilderness only in a narrow line on either bank of the James River from its mouth to near the present site of Richmond, and in a small district on the eastern sh.o.r.e of the Chesapeake.

Virtually all the settlers were then raising tobacco, all dwelt at the edge of navigable water, and all were neighbors to the Indians. As further decades pa.s.sed the similar sh.o.r.es of the parallel rivers to the northward, the York, then the Rappahannock and the Potomac, were occupied in a similar way, though with an increasing predominance of large landholdings. This broadened the colony and gave it a shape conducive to more easy frontier defence. It also led the way to an eventual segregation of industrial pursuits, for the tidewater peninsulas were gradually occupied more or less completely by the planters; while the farmers of less estate, weaned from tobacco by its fall in price, tended to move west and south to new areas on the mainland, where they dwelt in self-sufficing democratic neighborhoods, and formed incidentally a buffer between the plantations on the seaboard and the Indians round about.

With the lapse of years the number of planters increased, partly through the division of estates, partly through the immigration of propertied Englishmen, and partly through the rise of exceptional yeomen to the planting estate. The farmers increased with still greater speed; for the planters in recruiting their gangs of indented laborers were serving constantly as immigration agents and as constantly the redemptioners upon completing their terms were becoming yeomen, marrying and multiplying.

Meanwhile the expansion of Maryland was extending an identical regime of planters and farmers from the northern bank of the Potomac round the head of the Chesapeake all the way to the eastern sh.o.r.e settlements of Virginia.

In Maryland the personal proprietors.h.i.+p of Lord Baltimore and his desire to found a Catholic haven had no lasting effect upon the industrial and social development. The geographical conditions were so like those in Virginia and the adoption of her system so obviously the road to success that no other plans were long considered. Even the few variations attempted a.s.similated themselves more or less promptly to the regime of the older colony. The career of the manor system is typical. The introduction of that medieval regime was authorized by the charter for Maryland and was provided for in turn by the Lord Proprietor's instructions to the governor. Every grant of one thousand, later two thousand acres, was to be made a manor, with its appropriate court to settle differences between lord and tenant, to adjudge civil cases between tenants where the issues involved did not exceed the value of two pounds sterling, and to have cognizance of misdemeanors committed on the manor. The fines and other profits were to go to the manorial lord.

Many of these grants were made, and in a few instances the manorial courts duly held their sessions. For St. Clement's Manor, near the mouth of the Potomac, for example, court records between 1659 and 1672 are extant. John Ryves, steward of Thomas Gerard the proprietor, presided; Richard Foster a.s.sisted as the elected bailiff; and the cla.s.sified freeholders, lease-holders, ”essoines” and residents served as the ”jury and homages.”

Characteristic findings were ”that Samuell Harris broke the peace with a stick”; that John Mansell illegally entertained strangers; that land lines ”are at this present unperfect and very obscure”; that a Cheptico Indian had stolen a s.h.i.+rt from Edward Turner's house, for which he is duly fined ”if he can be knowne”; ”that the lord of the mannor hath not provided a paire of stocks, pillory and ducking stoole--Ordered that these instruments of justice be provided by the next court by a general contribution throughout the manor”; that certain freeholders had failed to appear, ”to do their suit at the lord's court, wherefore they are amerced each man 50l.

of tobacco to the lord”; that Joshua Lee had injured ”Jno. Hoskins his hoggs by setting his doggs on them and tearing their eares and other hurts, for which he is fined 100l. of tobacco and caske”; ”that upon the death of Mr. Robte Sly there is a reliefe due to the lord and that Mr. Gerard Sly is his next heire, who hath sworne fealty accordingly,”[19]

[Footnote 19: John Johnson, _Old Maryland Manors_ (Johns Hopkins University _Studies_, I, no, 7, Baltimore, 1883), pp. 31-38.]

St. Clement's was probably almost unique in its perseverance as a true manor; and it probably discarded its medieval machinery not long after the end of the existing record. In general, since public land was to be had virtually free in reward for immigration whether in freedom or service, most of the so-called manors doubtless procured neither leaseholders nor essoines nor any other sort of tenants, and those of them which survived as estates found their salvation in becoming private plantations with servant and slave gangs tilling their tobacco fields. In short, the Maryland manors began and ended much as the Virginia particular plantations had done before them. Maryland on the whole a.s.sumed the features of her elder sister. Her tobacco was of lower grade, partly because of her long delay in providing public inspection; her people in consequence were generally less prosperous, her plantations fewer in proportion to her farms, and her labor supply more largely of convicts and other white servants and correspondingly less of negroes. But aside from these variations in degree the developments and tendencies in the one were virtually those of the other.

Before the end of the seventeenth century William Fitzhugh of Virginia wrote that his plantations were being worked by ”fine crews” of negroes, the majority of whom were natives of the colony. Mrs. Elizabeth Digges owned 108 slaves, John Carter 106, Ralph Wormeley 91, Robert Beverly 42, Nathaniel Bacon, Sr., 40, and various other proprietors proportionate numbers.[20] The conquest of the wilderness was wellnigh complete on tidewater, and the plantation system had reached its full type for the Chesapeake lat.i.tudes. Broad forest stretches divided most of the plantations from one another and often separated the several fields on the same estate; but the cause of this was not so much the paucity of population as the character of the land and the prevalent industry. The sandy expanses, and the occasional belts of clay likewise, had but a surface fertility, and the cheapness of land prevented the conservation of the soil. Hence the fields when rapidly exhausted by successive cropping in tobacco were as a rule abandoned to broomsedge and scrub timber while new and still newer grounds were cleared and cropped. Each estate therefore, if its owner expected it to last a lifetime, must comprise an area in forestry much larger than that at any one time in tillage. The great reaches of the bay and the deep tidal rivers, furthermore, afforded such mult.i.tudinous places of landing for ocean-going s.h.i.+ps that all efforts to modify the wholly rural condition of the tobacco colonies by concentrating settlement were thwarted. It is true that Norfolk and Baltimore grew into consequence during the eighteenth century; but the one throve mainly on the trade of landlocked North Carolina, and the other on that of Pennsylvania. Not until the plantation area had spread well into the piedmont hinterland did Richmond and her sister towns near the falls on the rivers begin to focus Virginia and Maryland trade; and even they had little influence upon life on the tidewater peninsulas.

[Footnote 20: Bruce, _Economic History of Virginia_, II, 88.]

The third tobacco-producing colony, North Carolina, was the product of secondary colonization. Virginia's expansion happened to send some of her people across the boundary, where upon finding themselves under the jurisdiction of the Lord Proprietors of Carolina they took pains to keep that authority upon a strictly nominal basis. The first comers, about 1660, and most of those who followed, were and continued to be small farmers; but in the course of decades a considerable number of plantations arose in the fertile districts about Albemarle Sound. Nearly everywhere in the lowlands, however, the land was too barren for any distinct prosperity. The settlements were quite isolated, the communications very poor, and the social tone mostly that of the backwoods frontier. An Anglican missionary when describing his own plight there in 1711 discussed the industrial regime about him: ”Men are generally of all trades and women the like within their spheres, except some who are the posterity of old planters and have great numbers of slaves who understand most handicraft. Men are generally carpenters, joiners, wheelwrights, coopers, butchers, tanners, shoemakers, tallow-chandlers, watermen and what not; women, soap-makers, starch-makers, dyers, etc. He or she that cannot do all these things, or hath not slaves that can, over and above all the common occupations of both s.e.xes, will have but a bad time of it; for help is not to be had at any rate, every one having business enough of his own. This makes tradesmen turn planters, and these become tradesmen. No society one with another, but all study to live by their own hands, of their own produce; and what they can spare goes for foreign goods. Nay, many live on a slender diet to buy rum, sugar and mola.s.ses, with other such like necessaries, which are sold at such a rate that the planter here is but a slave to raise a provision for other colonies, and dare not allow himself to partake of his own creatures, except it be the corn of the country in hominy bread.”[21] Some of the farmers and probably all the planters raised tobacco according to the methods prevalent in Virginia. Some also made tar for sale from the abounding pine timber; but with most of the families intercourse with markets must have been at an irreducible minimum.

[Footnote 21: Letter of Rev. John Urmstone, July 7, 1711, to the secretary of the Society for Propagating the Gospel, printed in F.L. Hawks, _History of North Carolina_ (Fayetteville, N.C., 1857, 1858), II, 215, 216.]

Tobacco culture, while requiring severe exertion only at a few crises, involved a long painstaking routine because of the delicacy of the plant and the difficulty of producing leaf of good quality, whether of the original varieties, oronoko and sweet-scented, or of the many others later developed. The seed must be sown in late winter or early spring in a special bed of deep forest mold dressed with wood ashes; and the fields must be broken and laid off by shallow furrows into hills three or four feet apart by the time the seedlings were grown to a finger's length. Then came the first crisis. During or just after an April, May or June rain the young plants must be drawn carefully from their beds, distributed in the fields, and each plant set in its hill. Able-bodied, expert hands could set them at the rate of thousands a day; and every nerve must be strained for the task's completion before the ground became dry enough to endanger the seedlings' lives. Then began a steady repet.i.tion of hoeings and plowings, broken by the rush after a rain to replant the hills whose first plants had died or grown twisted. Then came also several operations of special tedium.

Each plant at the time of forming its flower bud must be topped at a height to leave a specified number of leaves growing on the stalk, and each stalk must have the suckers growing at the base of the leaf-stems pulled off; and the under side of every leaf must be examined twice at least for the destruction of the horn-worms. These came each year in two successive armies or ”gluts,” the one when the plants were half grown, the other when they were nearly ready for harvest. When the crop began to turn yellow the stalks must be cut off close to the ground, and after wilting carried to a well ventilated tobacco house and there hung speedily for curing. Each stalk must hang at a proper distance from its neighbor, attached to laths laid in tiers on the joists. There the crop must stay for some months, with the windows open in dry weather and closed in wet. Finally came the striking, sorting and prizing in weather moist enough to make the leaves pliable. Part of the gang would lower the stalks to the floor, where the rest working in trios would strip them, the first stripper taking the culls, the second the bright leaves, the third the remaining ones of dull color. Each would bind his takings into ”hands” of about a quarter of a pound each and throw them into a.s.sorted piles. In the packing or ”prizing”

a barefoot man inside the hogshead would lay the bundles in courses, tramping them cautiously but heavily. Then a second hogshead, without a bottom, would be set atop the first and likewise filled, and then perhaps a third, when the whole stack would be put under blocks and levers compressing the contents into the one hogshead at the bottom, which when headed up was ready for market. Oftentimes a crop was not cured enough for prizing until the next crop had been planted. Meanwhile the spare time of the gang was employed in clearing new fields, tending the subsidiary crops, mending fences, and performing many other incidental tasks. With some exaggeration an essayist wrote, ”The whole circle of the year is one scene of bustle and toil, in which tobacco claims a constant and chief share.”[22]