heir slaves,[9]
and providing that baptism should not be considered, in law, an
emancipation of them. Yet all the while no act had been passed declaring
who might be slaves. Possession was apparently all the evidence that
public sentiment demanded, of a master's property in his slave. Under
such a code, multitudes, who had either never been purchased as slaves,
or who had once been emancipated, were doubtless seized and reduced to
servitude by individual rapacity, without any more public cognizance of
the act, than if the person so seized had been a stray sheep.

_Virginia._ Incredible as it may seem, slavery had existed in Virginia
fifty years before even a statute was passed for the purpose of
declaring who might be slaves; and then the persons were so described as
to make the designation of no legal effect, at least as against Africans
generally. And it was not until seventy eight years more, (an hundred
and twenty-eight years in all,) that any act was passed that would cover
the case of the Africans generally, and make them slaves. Slavery was
introduced in 1620, but no act was passed even purporting to declare who
might be slaves, until 1670. In that year a statute was passed in these
words: "That all _servants_, not being Christians, imported into this
country by shipping, shall be slaves for their lives."[10]

This word "servants" of course legally describes individuals known as
such to the laws, and distinguished as such from other persons
generally. But no class of Africans "imported," were known as
"servants," as distinguished from Africans generally, or in any manner
to bring them within the legal description of "servants," as here used.
In 1682 and in 1705 acts were again passed declaring "that all
servants," &c., imported, should be slaves. And it was not until 1748,
_after slavery had existed an hundred and twenty-eight years_, that this
description was changed for the following:

"That all _persons_, who have been or shall be imported into this
colony," &c., &c., shall be slaves.[11]

In 1776, the only statute in Virginia, under which the slaveholders
could make any claim at all to their slaves, was passed as late as 1753,
(one hundred and thirty-three years after slavery had been introduced;)
all prior acts having been then repealed, without saving the rights
acquired under them.[12]

Even if the colonial charters had contained no express prohibition upon
slave laws, it would nevertheless be absurd