Manumission--granting freedom--was infrequent in British North America.
Occasionally, masters who had fathered slave children would later give
them their freedom. A few other slaves were able to purchase their own
freedom although, strictly speaking, this was a legal impossibility. The
slave was not able to own property according to the law, and this meant
that the money with which he purchased his freedom had always belonged to
his master. Obviously, he could only do this with his master's fullest
cooperation.
In South America, however, manumission was much more frequent. This
practice received highly favorable social sanction, and masters often
celebrated national holidays, anniversaries, birthdays, and other special
events by manumitting one or more of their favorite slaves.
The law also defended the right of the slave to purchase his own freedom.
He had the right to own property and could accumulate funds with which he
might eventually achieve his dream. He also had the right to demand that
his master or the courts set a fixed price for his purchase which he
could then pay over a period of years. Sundays and holidays were for the
slave to use as he saw fit, and, in some cases, he was also guaranteed a
couple of hours every day for his own use. During this time he could
sell his services and save the proceeds. The law also stated that parents
of ten or more children were to be set free. Finally, slaves could be
freed by the courts as the result of mistreatment by their masters.
While there was much sentiment in North America supporting marriages
among slaves, and there was much animosity against masters who separated
families through sale, the law was unambiguous on this point. Slaves
were property, and therefore could not enter into contracts including
contracts of marriage. Jurists also noted that to prevent the sale of
separate members of a family would lower the sale price, and this was to
tamper with a man's property. Therefore, property rights had to be placed
above marriage rights. In contrast, in South America the Church insisted
that slave unions be brought within the sacrament of marriage. The Church
also strove to limit promiscuous relationships between slaves as well as
between masters and slaves, and it encouraged marriage instead of
informal mating. Also, the law forbade the separate sale of members of
the family, husband, wife, and children under the age of ten.
The general thrust of the
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