In examining the legal history of colonial Virginia, it becomes apparent that the relegation of blacks into chattel slavery was not an overnight occurrence. It may be clear in the formative years of the colony that blacks were seldom afforded the same rights as whites, but it is also clear that all whites were not equal under the law. The legal precedents that took blacks from marginal members of society to slavery was an evolutionary process that still leaves many questions unanswered. It is known that the first blacks arrived in Virginia in 1619, as noted by John Rolfe. The arrival of this group began process of enslavement that lasted for over two hundred years.
The first case that gives clear evidence of the relegation of a black into a lifetime of servitude was the case of John Punch. In this case, Punch, along with several whites tried to escape there master and upon capture were taken to court. While all members of the failed escape received “lashes” and extended periods of servitude, it was only Punch, the lone black, that was sentenced to a lifetime of servitude. This case tells us is that even though whites were servants along side blacks, they were viewed as having varying degrees of legal rights. In the early days of the colony, there were relatively few blacks in Virginia, but as the levels of black servants rose along with the number of plantations, questions began to arise as to how to better control the servant population. There was a fear among the planters of the day that increased numbers of servants would lead to escape attempts and other unruly behavior. In answer to this fear, the court system of the day began to use cases to set the tone for the future rights of blacks and whites alike.
It is this fear and the subsequent choices made by planters, courts and other legislative bodies that gave way to the rise of slavery. Towards the end of the 15th century in Virginia, the pieces were in place to effectively enslave a whole race of people. The slave codes of 1705 give further evidence of this shift in attitude. As noted in Higginbotham (p.50)…”until the general assembly passed a comprehensive statute effectively removing blacks from the family of man and reassigning them to the classification of real property.” This move by the assembly was the beginning of the era of black slavery, as it left out references to whites and other races. Blacks were to be the labor force of choice for planters.
With the increased settlement of Virginia and the need for a cheap labor force to help the tobacco plantations turn a bigger profit, planters used this legislation to enslave the black population, attempting to ensure their continued productivity and control over the colony as a whole.
