Table of Contents — Indian Slavery in Colonial Times by Almon Wheeler Lauber

PART I
THE INSTITUTION AS PRACTICED BY THE INDIANS, THE SPANIARDS AND THE FRENCH
CHAPTER I
Enslavement by the Indians Themselves
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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
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
CHAPTER II
Enslavement by the Spaniards
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
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
CHAPTER III
Enslavement by the French
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
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
Verbal manumission	94
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
PART II
THE INSTITUTION AS PRACTICED BY THE ENGLISH
CHAPTER IV
The Number of Indian Slaves
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
CHAPTER V
Processes of Enslavement: Warfare
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
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 1715 provided that public receiver should dispose of captives	136
Action during war with the Cherokee	136
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
CHAPTER VI
Processes of Enslavement: Kidnapping
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
Maryland, 1672, 1692, 1705	166
Massachusetts, 1641	166
New Jersey, 1675	167
New Hampshire, 1679	167
CHAPTER VII
Processes of Enslavement: Trade
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
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
CHAPTER VIII
Other Processes of Enslavement
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
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 other 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
CHAPTER IX
Property Relations
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
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
CHAPTER X
Methods of Employment
Uses of Indian slaves similar throughout colonies	242–249
Hunters	242
Fishermen	242
Guides	242
Domestic servants	243–244
Agricultural laborers	244
Craftsmen	245
Rented like other chattels	245
Laborers in camp and field	245–247
Soldiers	247–249
CHAPTER XI
Treatment
Treatment the same as that accorded negroes	250
Harsh treatment not general	250
Clothing	251–252
Newspaper evidence	251–252
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
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
CHAPTER XII
The Decline of Indian Slavery
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

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