Note (return) — Chapter II

Negro slavery was thus distinctively an evolution. As the first Negroes were taken by pirates, the rights of ownership could not legally be given to those who purchased them; hence slavery by custom preceded slavery by statute. Little by little the colonies drifted into the sterner system. The transition was marked by such an act as that in Rhode Island, which in 1652 permitted a Negro to be bound for ten years. We have already referred to the Act of Assembly in Virginia in 1661 to the effect that Negroes were incapable of making satisfaction for time lost in running away by addition of time. Even before it had become generally enacted or understood in the colonies, however, that a child born of slave parents should serve for life, a new question had arisen, that of the issue of a free person and a slave. This led Virginia in 1662 to lead the way with an act declaring that the status of a child should be determined by that of the mother,25 which act both gave to slavery the sanction of law and made it hereditary. From this time forth Virginia took a commanding lead in legislation; and it is to be remembered that when we refer to this province we by no means have reference to the comparatively small state of to-day, but to the richest and most populous of the colonies. This position Virginia maintained until after the Revolutionary War, and not only the present West Virginia but the great Northwest Territory were included in her domain.