I saw from the start that some of Nikole [Hannah-Jones]’s 1619 rubbish merely exposed her utter ignorance of her subject. The blacks whom the Virginians bought from a Portuguese slave trader in 1619 were treated like whites – that is, they were treated as indentured servants who after 10 years were freed, given some farm tools, pointed at a plot of land and left to get on with it. (Some of them got on so well that before mid-century they were buying white and black indentured servants themselves to work their expanding acreages.)
One could justly say these early-arriving blacks were not treated exactly like poor English whites who – unless convicted of a crime – had always chosen to sign their ten-year indenture, to pay for transport across the Atlantic and survival while they found their feet. The closer analogy is to some Scottish whites. More than one clan chief sold some clansmen on indentures across the Atlantic when funds were low, and in 1707 a leading Scottish parliamentarian informed his peers that there was no need for them to fix the disastrous financial situation by accepting the English payment and voting their own abolition – Scotland’s elite could keep their separate parliament and avoid national bankruptcy by selling enough poor Scots to the Americas instead.
When the Portuguese offered to sell black slaves, those 1619 Virginians could only buy them as ten-year-indentured servants. They were still wholly under English common law and Lord Mansfield’s 1770s ruling merely echoed a two-centuries earlier ruling of Elizabethan judges that English common law knew no such state as slavery. It took the Virginians decades to start even questioning this and almost a century to unlearn it fully. As late as the 1690s, a black man who petitioned the Virginia council that his white master had made him serve not for ten years but for twelve “contrarie to all right and justice“, was freed by their order. If Nikole had called it the 1705 project, I’d have thought she at least knew something about the actual faults of the country whose history she was travestying. Only positive statute law can override English common law’s aversion to slavery, said Lord Mansfield – and 1705 was the year the Virginia legislature completed providing it. I knew from the start that Nikole was not just lying about all that, not just indifferent to the truth of all that – she was also pretty clueless about it.
Niall Kilmartin, “Critical Race Theorist literally knows nothing”, Samizdata, 2021-07-16.
October 19, 2021
QotD: Slaves and indentured servants in early Virginia
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