Also American

System of oppression · 1640–1865

The Making of Slave Law

American slavery was not inevitable — it was built, law by law, out of a fluid colonial servitude into something lifelong, hereditary, and racial.

In the early 1600s, the line between an indentured servant and an enslaved person was blurry; some Africans served terms and went free, owned land, and sued in court. Over the next century, colonial legislatures deliberately hardened that fluid status into permanent, inheritable, race-based slavery.

The milestones are specific and traceable: the 1640 John Punch ruling (lifetime servitude for one man), Virginia's 1662 law making slavery pass through the mother (partus sequitur ventrem), Maryland's 1664 "durante vita" statute, Virginia's 1691 and 1705 codes, and South Carolina's 1740 Negro Act after the Stono Rebellion. Each closed a door that had briefly been open.

Following the law is the clearest way to see that race itself was, in part, a legal invention — written to divide poor laborers and protect a system of profit.

On the timeline

  1. July 9, 1640
    John Punch sentenced to lifetime servitude

    A Virginia court sentences John Punch to servitude for life — an early legal step toward race-based slavery.

  2. December 10, 1641
    Massachusetts legalizes slavery

    The Massachusetts Body of Liberties makes it the first English colony to give slavery legal sanction.

  3. 1656
    Elizabeth Key wins her freedom

    An enslaved woman sues for her freedom — and wins — arguing she was the baptized daughter of a free Englishman, in one of the earliest freedom suits in the colonies.

  4. December 1662
    Virginia makes slavery hereditary

    Virginia law declares that a child's status follows the mother, making slavery inheritable and permanent.

  5. September 20, 1664
    Maryland makes slavery hereditary

    Maryland decrees lifelong, inheritable slavery and penalizes interracial marriage.

  6. October 1669
    Virginia's "casual killing of slaves" act

    Virginia declares that an enslaver who kills an enslaved person during "correction" commits no felony — codifying total power over Black life.

  7. June 1680
    Virginia restricts the enslaved

    A new law bars enslaved people from carrying weapons, leaving plantations without a pass, or gathering — the machinery of control.

  8. April 16, 1691
    Virginia hardens the racial caste

    Virginia bars manumission and interracial marriage, sharpening the line between white and Black.

  9. October 1705
    Virginia Slave Codes of 1705

    Colonial Virginia consolidates slavery into a sweeping legal code defining the enslaved as property.

  10. May 10, 1740
    South Carolina's Negro Act of 1740

    After the Stono Rebellion, South Carolina passes a sweeping slave code restricting movement, assembly, earning, learning to read — even drumming.

  11. 1751
    Georgia legalizes slavery

    Under pressure from planters, Georgia reverses its ban and opens the colony to slavery.

  12. February 12, 1793
    The Fugitive Slave Act of 1793

    The first federal law authorizing the capture of escapees in free states.

  13. April 1849
    Roberts v. City of Boston

    A Black father sues over school segregation and loses — the case coins "separate but equal," a century before Plessy is overturned.

  14. March 6, 1857
    Dred Scott v. Sandford

    The Supreme Court rules that Black people are not citizens and have "no rights which the white man was bound to respect."

Resources

The web

Connections to other moments, systems, and investigations — the links rarely drawn together.

  • caused (incoming)·Event
    Bacon's Rebellion

    After poor whites and enslaved Blacks united in 1676, Virginia's elite wrote race into law to keep them divided.

  • caused (incoming)·Event
    Nat Turner's Rebellion

    The 1831 revolt triggered a wave of harsher Southern laws restricting Black movement, assembly, and literacy.

  • caused (incoming)·Thread
    Greed — The Root

    Slave codes were written to define and protect human beings as profitable "property."