ny Negro, free or slave. Their children were made
servants for thirty-one years, a black thus concerned was reduced to
slavery for life and the maintenance of the bastard children of women
servants was made incumbent upon masters. If the father of an
illegitimate child could be discovered, he would have to support his
offspring. If not this duty fell upon the mother who had to discharge
it by servitude or otherwise.[458]
As what had been done to prevent the admixture was not sufficient, the
Maryland General Assembly took the following action in 1728:
"Whereas by the act of assembly relating to servants and slaves,
there is no provision made for the punishment of free mulatto
women, having bastard children by negroes and other slaves, nor
is there any provision made in the said act for the punishment of
free negro women, having bastard children by white men; and
forasmuch as such copulations are as unnatural and inordinate as
between white women and negro men, or other slaves.
"_Be it enacted_, That from and after the end of this present
session of assembly, that all such free mulatto women, having
bastard children, either within or after the time of their
service, (_and their issue_,) shall be subject to the same
penalties that white women and their issue are, for having
mulatto bastards, by the act, entitled, An act relating to
servants and slaves.
"_And be it further enacted, by the authority aforesaid, by and
with the advice and consent aforesaid_, that from and after the
end of this present session of assembly, that all free negro
women, having bastard children by white men, (_and their issue_,)
shall be subject to the same penalties that white women are, by
the act aforesaid, for having bastards by negro men."[459]
Virginia which faced the same problem did not lag far behind Maryland.
In 1630 the Governor and Council in Court ordered Hugh Davis to be
soundly whipped before an assembly of Negroes and others for abusing
himself to the dishonor of God and shame of a Christian by defiling
his body in lying with a Negro, which he was to acknowledge next
Sabbath day. In 1662 the colony imposed double fines for fornication
with a Negro, but did not restrict intermarriage until 1691.[460] The
words of the preamble give the reasons for this action. It says:
"And for the prevention of that abominable mixture a
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