buying any of his own nation." In 1692 there
was legislation "for the more speedy prosecution of slaves committing
capital crimes"; and this was reenacted in 1705, when some provision was
made for the compensation of owners and when it was further declared
that Negro, mulatto, and Indian slaves within the dominion were "real
estate" and "incapable in law to be witnesses in any cases whatsoever";
and in 1723 there was an elaborate and detailed act "directing the
trial of slaves committing capital crimes, and for the more effectual
punishing conspiracies and insurrections of them, and for the better
government of Negroes, mulattoes, and Indians, bond or free." This
last act specifically stated that no slave should be set free upon
any pretense whatsoever "except for some meritorious services, to be
adjudged and allowed by the governor and council." All this legislation
was soon found to be too drastic and too difficult to enforce, and
modification was inevitable. This came in 1732, when it was made
possible for a slave to be a witness when another slave was on trial
for a capital offense, and in 1744 this provision was extended to civil
cases as well. In 1748 there was a general revision of all existing
legislation, with special provision against attempted insurrections.

[Footnote 1: Hening: _Statutes_, I, 146.]

[Footnote 2: _Ibid_., I, 552.]

Thus did Virginia pave the way, and more and more slave codes took on
some degree of definiteness and uniformity. Very important was the
act of 1705, which provided that a slave might be inventoried as real
estate. As property henceforth there was nothing to prevent his being
separated from his family. Before the law he was no longer a person but
a thing.

2. 737 _The Indian, the Mulatto, and the Free Negro_

All along, it is to be observed, the problem of the Negro was
complicated by that of the Indian. At first there was a feeling that
Indians were to be treated not as Negroes but as on the same basis as
Englishmen. An act in Virginia of 1661-2 summed up this feeling in the
provision that they were not to be sold as servants for any longer time
than English people of the same age, and injuries done to them were to
be duly remedied by the laws of England. About the same time a Powhatan
Indian sold for life was ordered to be set free. An interesting
enactment of 1670 attempted to give the Indian an intermediate status
between that of the Englishman and the Negro slave, as "