STUDIES IN HISTORY, ECONOMICS AND PUBLIC LAW
EDITED BY THE FACULTY OF POLITICAL SCIENCE OF COLUMBIA UNIVERSITY
Whole Number 134
INDIAN SLAVERY IN COLONIAL TIMES WITHIN
THE PRESENT LIMITS OF THE UNITED STATES
BY
ALMON WHEELER LAUBER, Ph.D.
New York
COLUMBIA UNIVERSITY
LONGMANS, GREEN & CO, AGENTS
LONDON: P. S. KING & SON
1913
7
COPYRIGHT, 1913
BY
ALMON WHEELER LAUBER
8
TO MY FATHER
7
IT is the purpose of this study to bring to light a hitherto neglected phase of early American history: the enslavement of the Indians. The extensiveness of negro slavery in comparison with Indian slavery has so emphasized the former that, in the study of the institution in general, the existence of Indian slavery during the colonial period has almost entirely been lost sight of. In this discussion it is shown that the enslavement of the natives was practiced by the Indians themselves, the Spanish, the French and the English; yet in the case of no one of the European nations did it exist as a system separate and distinct from negro slavery. Though the holding of Indians as slaves by three of the European nations has been considered, it is the author’s intention to lay emphasis chiefly upon the institution as practiced by the English.
The fact that hitherto no special attention has been given to the subject of Indian slavery has made the gathering of material difficult. Many of the important sources treating of the subject have never been published and are widely scattered. Much of even this material is vague in nature and consequently more or less unsatisfactory. The rapid increase in the number of negro slaves during the colonial period resulted in the general use of such terms as “slaves,” “negroes and other slaves” and “negroes,” without specification of Indian slaves as such. This is true particularly of the colonial laws, even in the case of those colonies where Indian slavery existed to the greatest extent.
The author desires to express his indebtedness to Mrs.
8
N. M. Surrey for her generous permission to use manuscript material collected in the southern states; to the librarians and their assistants of the Massachusetts Historical Society, the New York Historical Society, the Pennsylvania Historical Society, and the Maryland Historical Society, for their many kindnesses; and to Professor Herbert L. Osgood, of Columbia University, for his advice and for the use of extracts from the records of the Society for the Propagation of the Gospel in Foreign Parts. The author’s most sincere thanks are due to Professor William R. Shepherd, of Columbia University, under whose guidance this work has been carried on. His suggestions and criticisms have been invaluable, and he has given unsparingly of his time in reading both manuscript and proof.
ALMON W. LAUBER
NEW YORK CITY, MARCH 15, 1913.
9
TABLE OF CONTENTS
PART I
INDIAN SLAVERY AMONG THE INDIANS, THE
SPANIARDS AND THE FRENCH
CHAPTER I
ENSLAVEMENT BY THE INDIANS THEMSELVES
| PAGE |
| Introductory statement | 25 |
| Indian slavery among the Indians practically universal | 25 |
| More extensively used among some tribes than others | 25 |
| No entire tribes held in subjection | 25 |
| Slavery on the Great Plains and Atlantic Slope | 25 |
| Different from that in west | 25 |
| Not slavery in the true sense in many cases | 25 |
| “Slavery” confounded with “prisoner” and “adoption” | 25 |
| Slavery to be interpreted in the broadest sense | 26 |
| Processes of enslavement | 26-35 |
| For crime | 26 |
| Indians staked themselves when gambling | 26 |
| Indians sold children in time of famine | 26 |
| Barter with other tribes | 27-28 |
| Warfare | 29-35 |
| Coming of Europeans affected slavery | 33-35 |
| Stirring up tribes against one another | 34 |
| Employment of Indian slaves. | 35-39 |
| Domestic servants | 35-36 |
| Mistresses | 36 |
| Agricultural laborers | 36 |
| Miners | 37 |
| Hunters | 37 |
| Fishermen | 37 |
| Objects of barter and trade | 38 |
10
| PAGE |
| Treatment of slaves | 39-40 |
| Depended upon individual owners | 39 |
| A distinct class in west | 39 |
| A part of family or tribe in east | 39 |
| Adoption | 39 |
| Treatment generally kind | 39 |
| Instances of cruel treatment | 40 |
| Precautions to prevent escape | 40 |
| Women of tribe have power to spare or kill | 40 |
| Punishment by death | 41 |
| Distinction between owner and slave not so clear as between the European and his slave | 41 |
| Privileges and favors | 41-42 |
| Manumission | 43-45 |
| Marriage into the tribe | 43 |
| Birth | 43 |
| Death of owner | 43 |
| Adoption | 43-44 |
| Peace with tribe to which slave belonged | 44 |
| Exchange | 44 |
| Messenger in formal declaration of war | 44 |
| Idea of slavery | 48 |
| Practiced by Indians | 48 |
| Captives of Spanish wars enslaved | 48 |
| Sanctioned by Church and State | 48 |
| Public opinion | 48 |
| Enslavement of Indians would Christianize them | 49 |
| Processes of enslavement | 49-55 |
| War | 49 |
| Spanish explorers | 49-55 |
| Employment of slaves | 55 |
| Guides | 55 |
| Interpreters | 55 |
| Camp laborers | 55 |
| Burden bearers | 55 |
| Cooks | 55 |
| Mistresses | 55 |
| Treatment | 55-57 |
| Depended upon individual owners | 55 |
11
| PAGE |
| Kindness to enslave instead of to kill | 56 |
| Instances of kindness | 56-57 |
| Manumission | 57 |
| Act of individual owners | 57 |
| Law of 1543 to end slavery in Spanish America | 57 |
| Law not successful | 58 |
| Missions and “presidios” | 59-61 |
| Life of Indians was practical slavery | 61 |
| Legality | 63-65 |
| Never authorized by law in early colonial period | 63 |
| Home government not interested | 63 |
| Indirect royal action in eighteenth century | 63 |
| Authorized by colonial authorities | 63 |
| Action of Company of the Indies, 1720 | 64 |
| Recognition by Governor-General Hocquart, 1736 | 64 |
| Action of royal council, 1745 | 64 |
| Public opinion | 65 |
| Not concerned with the subject | 65 |
| Knowledge of slavery vague | 65 |
| Countenanced slavery as an institution | 65 |
| No leader like Las Casas to create sentiment against slavery | 65 |
| Attitude of the missionaries | 65-67 |
| Processes of enslavement | 67 |
| War | 67-73 |
| Natchez War | 67-68 |
| Minor wars | 69 |
| With the Fox Indians | 69 |
| With the Chickasaw | 69 |
| Urging allies to war and taking captives | 69-70 |
| Requiring conquered tribes to go to war and take captives | 70-71 |
| Kidnapping | 71-73 |
| Trade | 73-79 |
| Indian slaves an object of trade | 74 |
| Part played by “coureurs de bois” | 75-77 |
| Attempt to check action of “coureurs de bois” | 77 |
| Opposition to it not strong | 78 |
| Attitude of Jesuits | 78-79 |
| Gifts; made to the explorers | 79-81 |
| Birth: throughout history children of slaves generally regarded as slaves | 82 |
12
| PAGE |
| Employment of slaves | 82-86 |
| Among the explorers | 82 |
| Guides | 82 |
| Interpreters | 82 |
| Among the colonists | 83-86 |
| Interpreters | 83 |
| Domestic servants | 83 |
| Mistresses | 83 |
| Agricultural laborers | 83-84 |
| Laborers on fortifications | 84 |
| Menial camp laborers | 84 |
| Objects of bribe to win friendship of tribes. | 84-86 |
| Recognition as property | 86 |
| Tax law of 1728 | 86 |
| Treatment of slaves | 86-90 |
| Slavery was of mild nature | 86 |
| Social distinction between slave and owner was less marked than in case of | | English and Indian slaves | 87 |
| Instance of “coureurs de bois” | 87 |
| Religious training | 87-88 |
| Relation to ceremonies and sacraments of the Church | 88-90 |
| Extent of Indian slavery | 90-94 |
| In Louisiana | 90-91 |
| In Natchitoches | 91 |
| In north Mississippi Valley | 92 |
| In Detroit | 92-93 |
| Manumission | 93-95 |
| Law of 1735 required manumission by notarial deed | 94 |
| Law of 1721 freed children of slave mothers and free fathers | 95 |
| Causes of end of Indian slavery | 96-102 |
| Indians not adapted to slavery | 96 |
| Decrease in number of Indians | 96 |
| Removal of tribes from neighborhood of whites | 96 |
| Law of 1693 forbade trade in Indians | 96 |
| Law of 1736 repeated the order | 97 |
| General unsatisfactoriness of the institution | 97-99 |
| Growth of indenture system | 99 |
| Growth of negro slavery | 100-102 |
13
PART II
THE INSTITUTION AS PRACTICED BY THE ENGLISH
CHAPTER IV
THE NUMBER OF INDIAN SLAVES
| PAGE |
| Exact number in any colony unknown | 105 |
| Statistics rare or lacking altogether | 105 |
| Comparative numbers in different colonies | 105-117 |
| Largest number in South | 105-108 |
| Carolinas possessed most | 106 |
| Carolinas exported many | 106 |
| Fewer Indian slaves than negroes | 108 |
| Number in Georgia very small | 108 |
| The same true of Virginia | 108 |
| New England possessed many | 109-112 |
| Massachusetts enslaved captives taken in war | 109-110 |
| The Pequot War | 109 |
| King Philip’s War | 109 |
| Slaves in various towns | 109 |
| Rhode Island possessed some | 110 |
| Connecticut and New Haven had but few | 110-111 |
| New Hampshire had very few | 111 |
| The middle group of colonies had a smaller number than New England | 112 |
| New York had more than other colonies | 112 |
| None taken in war | 113 |
| Some imported from the Carolinas and the Spanish Islands | 114 |
| Pennsylvania had few | 115 |
| Some imported | 115 |
| New Jersey had very few | 116 |
| Maryland probably possessed the smallest number | 117 |
| Indian wars generally confined to South | 118 |
| Wars in Virginia | 119 |
| War with Opechancanough | 119 |
| Bacon’s rebellion | 119 |
| Wars in Carolina | 119-122 |
| War with the Kussoe | 119 |
14
| PAGE |
| Expeditions against Spanish Indians after 1701 | 119-121 |
| In 1702 | 119 |
| In 1704 | 120 |
| In 1708 | 120 |
| In 1727 | 121 |
| Tuscarora War | 121-122 |
| Barnwell’s expedition | 122 |
| Moore’s expedition | 122 |
| Wars in New England | 122-126 |
| Pequot War | 123 |
| The Mistick Fight | 123 |
| The Swamp Fight | 123 |
| Captives retained in colonies | 123-124 |
| Captives exported | 124 |
| King Philip’s War | 124-130 |
| Captives exported | 125 |
| By Massachusetts | 126 |
| Captives retained in colonies | 127 |
| Wives and children of captives enslaved | 127 |
| Children of Indians who surrendered enslaved for short period | 128 |
| Rhode Island, New Hampshire and Connecticut transported no captives | 128 |
| Rhode Island retained captives in colony | 129 |
| Captives were involuntary indentured servants rather than slaves | 130 |
| Connecticut enslaved captives | 130 |
| Colonial action regarding enslavement of Indians | 130-152 |
| Virginia | 130 |
| Action of 1668 | 131 |
| Action during and after Bacon’s rebellion | 131-132 |
| Maryland | 132-133 |
| Intention in 1652 | 132 |
| North Carolina | 133-134
| | Action during Tuscarora War | 133 |
| South Carolina | 134-137 |
| Action during war with the Kussoe | 134 |
| Action during war with the Stono | 134 |
| Action during wars of early eighteenth century | 135 |
| Assembly provided committee to dispose of captives | 135 |
| Act of 1703 gave anyone a right to purchase slaves | 135 |
| Acts of 1707 and 1708 gave commanding officers of expeditions the right to purchase slaves | 136 |
| Act of 7715 provided that public receiver should dispose of captives | 136 |
| Action during war with the Cherokee | 136 |
15
| PAGE |
| New England | 137-152 |
| Prior to King Philip’s War | 137-138 |
| Disposal of captives by general court: Massachusetts | 137 |
| Disposal of captives by council of war: Plymouth | 137 |
| Act of United Colonies of New England | 138 |
| Articles of Confederation, 1643 | 138 |
| Action in 1645 | 138 |
| During King Philip’s War | 138-152 |
| Captives sold outright to obtain money for treasury | 138-139 |
| Captives sold to pay debts to individuals | 139-140 |
| Captives granted directly to captors | 141 |
| Military commanders authorized to sell captives | 142 |
| Attitude toward Praying Indians | 143 |
| Colonial governments realized danger of retaining enslaved captives in colonies | 144 |
| Massachusetts act of 1676 | 144 |
| Massachusetts act of 1677 | 145 |
| Plymouth act of 1678 | 146 |
| Government action in capture and sale of Indians not always above suspicion | 146 |
| Plymouth act of 1646 | 146 |
| Seizure and sale of Dartmouth Indians | 146-147 |
| Event at Cocheco | 147 |
| Disposal of Indians after the war | 148 |
| Massachusetts | 149 |
| Connecticut | 149-150 |
| Rhode Island | 150-152 |
| Action of Cabot, Frobisher, Weymouth, Harlow, Hunt | 154-159 |
| Evidence of kidnapping in southern colonies meagre | 159 |
| Event of 1685 at Cape Fear, North Carolina. | 159-160 |
| Action of Laughton, 1676 | 160-161 |
| Kidnapping in Pennsylvania | 162 |
| Kidnapped Indians in New York: Spanish Indians | 162-163 |
| Kidnapped Spanish Indians in other colonies | 164 |
| Legislative action against kidnapping | 165-167 |
| Nature of legislation | 165 |
| Purpose of legislation | 165 |
| Acts of |
| Virginia, 1657 | 166 |
16
| PAGE |
| Maryland, 1672, 1692, 1705 | 166 |
| Massachusetts, 1641 | 166 |
| New Jersey, 1675 | 167 |
| New Hampshire, 1679. | 167 |
| Purchase of Indians from tribes closely connected with fur trade | 168 |
| Work of the “coureurs de bois” | 168 |
| Captives obtained by South Carolina traders from the Westo, Savannah and other tribes | 169-171 |
| French warn Indians against purpose of English | 171 |
| Action of English west of Mississippi river | 172 |
| Action of English and French among Chickasaw and Choctaw | 172 |
| Two-fold policy of proprietors of Carolina. | 173-175 |
| Sanctioned enslavement of Indians for their own benefit. | 174 |
| Opposed enslavement of Indians by colonial officials | 174 |
| Directions to grand council | 175 |
| Appointment of commission to prevent trade in Indians. | 175 |
| Directions to governors | 175 |
| Inquiries from council and individuals | 176 |
| Declare traders’ reasons for traffic in Indians unsound | 177 |
| Matter of traffic in Indians given to parliament | 178 |
| Attitude of Governor John Archdale | 178 |
| Action of Governor James Moore | 179 |
| South Carolina assembly deals with trade in Indians, 1707 | 180 |
| Appointed board of commissioners. | 180 |
| Duties of board | 180 |
| Oath of members | 180 |
| Directions to traders. | 181-182 |
| Purpose of assembly | 182 |
| Result of action of assembly. | 183 |
| Attempts by board to check traffic in Indians | 183 |
| Memorial of governor, 1720. | 184 |
| Failure of authorities to enforce decrees | 184-185 |
| Trade in Indians in Virginia | 185-187 |
| Traffic begun early | 185 |
| Attitude of assembly. | 185-186 |
| Number of slaves obtained by trade never so extensive as in Carolina | 187 |
| Trade in Indians in New England. | 187 |
| No direct traffic in slaves with tribes 187 |
| Obtained from other colonies | 187 |
17
| PAGE |
| Colonial legislation forbidding traffic in Indian slaves | 188-195 |
| Massachusetts | 188 |
| New Haven | 189 |
| Connecticut | 189-190 |
| Rhode Island | 191-192 |
| New Hampshire | 192-193 |
| New York | 193 |
| Pennsylvania | 193-195 |
| Abuse of indenture or apprenticeship. | 196-201 |
| Indians indentured to whites by their tribe | 196 |
| Indians sold to whites by their families | 196 |
| Indians offered as security for loans | 196 |
| Indians sell themselves to whites for protection | 196 |
| Whites enslave such Indians by refusing to give them up | 196-201 |
| Instance in North Carolina, 1660 | 197 |
| Cause of Tuscarora War | 197 |
| Virginia legislation shows custom followed there | 197-198 |
| Massachusetts legislation aiming to prevent such action | 198-199 |
| Rhode Island legislation to prevent abuse of apprenticeship | 199-200 |
| Abuses in New York | 200-201 |
| Decree of Governor Clinton to free Indians wrongly enslaved | 200 |
| Custom still in existence at late date, 1755 | 201 |
| Punishment for violation of law and order | 201-207 |
| Enslavement as punishment general throughout colonies | 201 |
| Enslavement decreed as punishment in two ways | 201 |
| By law specifying enslavement as punishment for certain crimes | 201 |
| By a court decreeing enslavement as punishment for crimes committed. | 201 |
| Carolina court decrees illustrating sentences for crimes committed | 201-202 |
| Virginia legislation illustrating specified punishment for specified crimes | 202 |
| Massachusetts legislation | 203 |
| Massachusetts court decrees | 203 |
| Plymouth court decrees | 203-205 |
| Rhode Island legislation | 205 |
| Rhode Island court decisions | 205-206 |
| Connecticut legislation | 206 |
| Connecticut court action | 206 |
| Action of the United Colonies | 206-207 |
| Birth | 207-210 |
| In law children of slave mothers generally considered slaves | 207 |
18
| Colonial laws imposing status of slavery on children of slave mothers. | 207-209 |
| South Carolina 207-208 Virginia | 208 |
| Maryland act of 1663 an exception | 208 |
| Maryland act of 1692 following general custom in ether colonies | 209 |
| New York | 209 |
| Colonies that did not pass laws regarding the matter followed general custom | 209 |
| Massachusetts | 209 |
| Connecticut | 209 |
| Cases in colonial courts recognizing status of slavery by birth | 210 |
| Indians in servitude at first held in status servitude | 211 |
| Status servitude followed by status slavery | 211 |
| Status servitude and status slavery existing together | 211 |
| Indian slavery first recognized in customary law | 212 |
| Incidents of the change | 212-213 |
| Indian slavery recognized in statute law | 213-215 |
| Instance of South Carolina | 213. |
| Colonial acts from the standpoint of English law | 214 |
| Had no legal sanction | 214 |
| Based on law of nations | 214 |
| England indifferent to such acts | 214-215 |
| Acts therefore legal because not declared illegal | 215 |
| Incidents of status servitude continued into status slavery | 215-241 |
| Conception of property right | 215-241 |
| Indian slaves bought and sold | 216 |
| Newspaper advertisements of Indian slaves for sale | 216 |
| Indian slaves disposed of by will | 216 |
| Indian slaves in inventories | 217 |
| Tendency of Indian slaves to run away | 217-218 |
| Newspaper advertisements for runaway Indian slaves | 218-219 |
| Fugitive slave laws | 220-221 |
| Persons forbidden to aid runaways | 220 |
| Punishment for rendering such aids | 221 |
| Inducements to free Indians to return runaways | 221 |
| Intercolonial agreements concerning return of runaways | 222-224 |
| Articles of federation of the United Colonies of New England | 222 |
| Treaty of United Colonies of New England and New Netherland | 223 |
| Incident of New York and Pennsylvania | 224 |
| Incident of North Carolina and Virginia | 225 |
19
| PAGE |
| Massachusetts rewards master for Indian slave taken from him | 225 |
| Courts settle disputes regarding ownership of Indian slaves | 225 |
| Taxation of Indian slaves | 226 |
| South Carolina acts | 226-227 |
| North Carolina acts | 227 |
| Virginia acts | 227-230 |
| Massachusetts acts | 230-232 |
| New York acts | 232 |
| Acts of the town of Rye, New York | 232-233 |
| Import duties on Indian slaves | 233-240 |
| Protective duties | 234-237 |
| South Carolina acts | 234 |
| Virginia acts | 235 |
| Rhode Island act | 235 |
| New Hampshire act | 236 |
| Pennsylvania act | 236 |
| New Jersey acts | 236-237 |
| Duties for revenue | 237-240 |
| New York acts | 238-240 |
| Export duties on Indian slaves | 240-241 |
| South Carolina act | 240-241 |
| Uses of Indian slaves similar throughout colonies | 242-249 |
| Hunters | 242 |
| Fishermen | 242 |
| Guides | 24z |
| Domestic servants. | 243-244 |
| Agricultural laborers | 244 |
| Craftsmen | 245 |
| Rented like other chattels | 245 |
| Laborers in camp and field | 245-247 |
| Soldiers. | 247-249 |
| Treatment the same as that accorded negroes | 250 |
| Harsh treatment not general | 250 |
| Clothing | 251-252 |
| Newspaper evidence | 251-252 |
20
| PAGE |
| Marriage of whites with Indian slaves | 252 |
| Forbidden by the following colonies |
| North Carolina, 1715 | 253 |
| Maryland, 1692 | 253 |
| Massachusetts, 1692 | 253 |
| Regulation of Indian slaves | 253-254 |
| Each colony settled this matter for itself | 253 |
| Indian slaves included by implication in all colonial acts relating to slaves, if not specified | 253 |
| Right to give evidence in court | 254-255 |
| Could not testify in trial of a white person | 254 |
| South Carolina | 254 |
| North Carolina | 254 |
| Virginia | 255 |
| Maryland | 255 |
| New York | 255 |
| Protection of slaves’ and owners’ rights in court | 255-259 |
| The right to life | 255 |
| New Hampshire act of 1708 | 255 |
| Trial of slaves similar to that of freemen | 255 |
| Chance of slave obtaining his rights in court | 256 |
| Virginia, 1692, provided special courts for trial of slaves | 256 |
| Massachusetts provision of 1647 | 256-257 |
| New Jersey act of 1713 | 257 |
| New York act of 1712 | 257 |
| Tendency of slave owners to conceal crimes committed by slaves | 258 |
| Remuneration of master if slave was executed | 258-259 |
| Maryland act of 1717 | 259 |
| Restrictions | 259-260 |
| Punishments | 260-264 |
| Death | 261 |
| Branding | 261 |
| Whipping | 262-263 |
| Mutilation | 263-264 |
| Religious life | 264 |
| Provisions of home government regarding religious instructions of slaves in general | 265 |
| Indifference of slave owners | 265 |
| Attitude of missionaries of the Society for the Propagation of the Gospel in Foreign Parts | 265 |
| Reports of the missionaries to the Society | 266-268 |
| Attitude of the Society | 268 |
| Effect upon the colonists | 268-275 |
21
| Opinions of English authorities regarding idea that baptism of slaves confers freedom upon them | 275 |
| Manumission | 275-282 |
| Action of individual owners | 276 |
| Purchase of freedom by slaves | 276-277 |
| Proof of freedom in court | 277 |
| Government action | 277-280 |
| Virginia | 278 |
| North Carolina | 278 |
| Massachusetts | 279 |
| Plymouth | 279-280 |
| Regulations regarding life of manumitted slaves | 280-282 |
| Small number of Indians in English territory | 283 |
| Decrease in number of Indians | 283 |
| Decreased birth rate | 285 |
| Susceptibility to diseases of whites | 285-286 |
| Intestine wars | 286 |
| Intermingling of Indian and negro slaves | 287 |
| Physical and mental unfitness of Indians for slave labor | 287-288 |
| Indian slave labor not satisfactory | 288-289 |
| Indian slaves given to running away | 289 |
| Indian slaves concerned in conspiracies and uprisings | 289-290 |
| Colonial legislation declaring Indian slaves undesirable | 290-292 |
| Indians as hired servants | 292-294 |
| Indians as indentured servants | 295 |
| White indentured servants | 295-297 |
| Negro slavery | 297-298 |
| Comparative values of Indian and negro slaves | 298-302 |
| Opposition to Indian slavery and contrasted opinion | 303-311 |
| Legislation | 311-319 |
| Virginia | 312-315 |
| South Carolina | 315-316 |
| Rhode Island | 316-319 |
| New York | 316-319 |
| Bibliography | 320-339 |
| Index | 341-352 |
|