should become a servant for seven years, the father
also a servant for seven years, and the child a servant until thirty-one
years of age. Any white man who begot a Negro woman with child, whether
a free woman or a slave, was to undergo the same penalty as a white
woman--a provision that in course of time was notoriously disregarded.
In 1717 the problem was still unsettled, and in this year it was enacted
that Negroes or mulattoes of either sex intermarrying with white people
were to be slaves for life, except mulattoes born of white women, who
were to serve for seven years, and the white person so intermarrying
also for seven years. It is needless to say that with all these changing
and contradictory provisions many servants and Negroes did not even
know what the law was. In 1728, however, free mulatto women having
illegitimate children by Negroes and other slaves, and free Negro
women having illegitimate children by white men, and their issue, were
subjected to the same penalties as in the former act were provided
against white women. Thus vainly did the colony of Maryland struggle
with the problem of race intermixture. Generally throughout the South
the rule in the matter of the child of the Negro father and the
indentured white mother was that the child should be bound in servitude
for thirty or thirty-one years.
In the North as well as in the South the intermingling of the blood of
the races was discountenanced. In Pennsylvania as early as 1677 a white
servant was indicted for cohabiting with a Negro. In 1698 the Chester
County court laid it down as a principle that the mingling of the races
was not to be allowed. In 1722 a woman was punished for promoting a
secret marriage between a white woman and a Negro; a little later the
Assembly received from the inhabitants of the province a petition
inveighing against cohabiting; and in 1725-6 a law was passed positively
forbidding the mixture of the races.[1] In Massachusetts as early as
1705 and 1708 restraining acts to prevent a "spurious and mixt issue"
ordered the sale of offending Negroes and mulattoes out of the colony's
jurisdiction, and punished Christians who intermarried with them by a
fine of L50. After the Revolutionary War such marriages were declared
void and the penalty of L50 was still exacted, and not until 1843 was
this act repealed. Thus was the color-line, with its social and legal
distinctions, extended beyond the conditions of servitude and slavery,
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