Kentucky Law and African-Americans
A Historical Overview
Slavery in the Ancient World
Overview
Slavery has existed in many societies throughout the world. Generally slaves were prisoners of war or other war captives. In many cases the enslaved was viewed as a foreigner, a person of different ethnicity, language, religion, or nationality. Ancient Egyptian tomb murals show slaves drawn from many different countries (Libyans, Nubians, Hebrews, and others) working in the Nile Valley. The classical Greeks relied heavily at times upon slave laborers either captured in wars with neighboring Greek city-states, other surrounding non-Greek peoples, or imported via slaving operations in what is today the Ukraine (and other areas).

Morally slavery was rationalized as both an ancient practice and also one that involved foreigners, criminals, or unfortunate prisoners of war. Skin color was not generally a prerequiste or even crucial factor in who was enslaved. In fact, the majority of slaves in the Roman Empire were whites drawn from the Romans on-going warfare in Europe and the Near East. Interestingly, fair-skinned redheads often brought the highest bids in Roman slave markets.

As already mentioned with Egypt, slavery existed in Africa even back into far ancient times. As with other parts of the world, slaves generally were war captives and their descendents. Except for certain somewhat exceptional periods and places, slavery was not so much an industry as a by-product of warfare. Greek, Roman, and later Rus/Viking slavers did exploit Ukrainian peoples almost solely for slaves. Omani slavers centered in Zanzibar (Tanzania) also developed a slaving network in east Africa by the Middle Ages.

In my geography classes I've had students read articles on slavery such as in a fairly recent edition of National Geographic magazine. This article mentions pre-European slavery in west Africa involving war captives. Ironically, however, students' comment papers sometimes twist this information into comments such as "how awful to learn that black people enslaved their own kind." Such statements are clearly ethnocentric in that these students view all black Africans as one people. Yet, I doubt such students would view Romans from Italy enslaving Gauls from France as an instance of whites Europeans "enslaving their own." The Romans and the Gauls quite certainly did not share the same religion, language, or ethnic identity although today we might view them both as "white" or "European." Similarly, the Fulani and the Ashanti of west Africa did not view each other as the same people.

The 1400-1500s: The Foundations of Mass Enslavement of Africans by Europeans
Overview
Several factors led to the use of African slaves by Europeans. Infused by ancient texts and new technologies preserved and developed by Muslim cultures encountered during the Christian Crusades, Europe began to experience the Renaissance, the "rebirth" of science and culture founded upon ancient Greek and Roman (in turn often drawn from other Egyptian and Mesopotamian sources). In Spain the Christian Reconquest (the Reconquista) of the centuries-old Muslim kingdoms of the Iberian Peninsula was complete by the 1490s. This led to expulsion or forced conversion to Christianity of Spanish/Portuguese Muslims (Moors) and Jews (Sephardim).

The 1400s and 1500s witness a growing consolidation of European nation-states and national identities. To the east and south, however, the growing Ottoman Empire poses an economic challenge to Europeans: the Ottomans now control trade along the western terminus of the Silk Road as well as the spice trade from India and Indonesia.

Perhaps most importantly, however, Europeans are craving an ever greater supply of sugar, an agricultural product that over millenia had spread from its native New Guinea to India and eventually via Musliam farmers to North Africa, the Mediterranean, and Spain. With the Ottomans having almost a monopoly on cane sugar in the Mediterranean, Spanish and Portuguese farmers found European markets willing to find a new source of sugar. With the Reconquest, the technology to grow and process sugar passed into the hands of Spanish and Portuguese Christians from the Moors. By the mid-1400s the Spanish and Portuguese are planting sugar cane plantations along suitable areas of the Iberian Peninsula. Eventually they find various Atlantic island chains such as Madeira, the Canaries, the Azores, and such. On the Canary Islands the Spanish encounter the Guanches, a fair-skinned people. The Guanches are enslaved. Sugar cane plantations and a system of oceanic shipping are established to grow, process, and transport sugar to Europe. The Guanches are killed off via harsh slave conditions, hunted down, or die from disease. Eventually the Spanish find replacements by buying west African slaves captured in war or sentenced to slavery for crimes. Thus, the Spanish take advantage of a pre-existing practice of slavery both by enslaving the non-Christian white Guanches and by purchasing non-Christian African peoples from other African nations.

By 1492 a system already exists on Atlantic islands for plantation agriculture, native enslavement/extermination, oceanic shipping, and African slave labor. On his second voyage to the Americas, Christopher Columbus takes sugar cane to the island of Hispaniola, an act that eventually brings to the Caribbean the plantation system described above. Like the Guanches, the original Caribbean Indians (Carib, Arawak, and others) are either killed via harsh slave conditions, reprisals against rebellions to Spanish colonialism, or most commonly, die from Old World diseases against which Native Americans have little or no immunity. As in the Canary Islands, the Spanish then turn to African peoples (who share with Europeans a greater immunity to smallpox, whooping cough, malaria, and other Old World diseases) as replacement slave laborers. This sets in motion the socioeconomic and eventual legal system in which the legal status of Kentuckians of African descent has arisen over the last 500 years of European colonial and subsequently American rule.

The 1600s: The Colonial Foundations of Slave Law
Overview
The enslavement of Africans had already existed for almost a century in Spain's American colonies by the time tobacco plantation agriculture began in English Virginia. Under the colonial charter of Virginia, the area now making up Kentucky was then a part of Virginia. Technically speaking under British colonial law, Kentucky was a western area of Virginia from 1606 until statehood in 1792 except for the period from 1763-1776 when this area was reserved for Native American nations under the guidelines of the 1763 Treaty of Paris.
1606
1607
The British establish a colony at Jamestown, Virginia.
1618
The British government sanctions the slave trade by British trading companies.
1620
Puritans fleeing religious persecution in Great Britain sail on the Mayflower and establish a colony at Plymouth, Massachusetts.

The 1700s
Overview
1792
The first KY Constitution is drafted. It confers suffrage, the right to vote, in Article III on "free citizens". Despite a vehement protest speech against allowing slavery in Kentucky by white Presbyterian minister David Rice, the 1792 Constitution continues the legalization of slavery in Kentucky formerly allowed under Virginia colonial and later state law.
1799
Revisions to the KY Constitution in Art. II , Sec. 8, confers suffrage to "free citizens" but specifically excludes blacks, mulattoes, and Indians (even if free).

The 1800s
1850
The new 1850 KY Constitution confers suffrage to "free whites."

The Early 1900s: The Era of Jim Crow
1904: Berea College v. the Commonwealth
March 22, 1904: Kentucky legislature passes a statute racially segregating Kentucky schools, universities, and educational institutions. The law is to go into effect on July 15, 1904 and fines a school $1000 for having "Negro" and "white" students together. The educational institution are also fined $100/day while institution open, and any instructor who teaches as such schools fined $100/day after an initial $1000 fine. Even the students are to be fined $50/day. Schools can run separate institutions but had to be more than 25 miles apart.
July 15, 1904: Statute goes into effect.
1904-5: Berea the only mixed school in the state in 1904 with 927 students of whom 174 were black. For the 1904-5 session Berea paid for the transport of about 100 black students to Fiske College and Hampton Institute because could not admit them to Berea College under the new law.
June 12,1906: The Kentucky Court of Appeals upheld statute by arguing that the statute did not violate the KY Bill of Rights because separation was a reasonable part of the state's police power. This decision also found that the races were naturally antogonistic and thus separation kept the peace. It also found that 14th Amendment (banning illegal seizures by the government of property) was not violated because right to teach white and black children at same time/place not a property right. The Appeals Court, however, did hold that the 25 mile exclusion zone was unreasonable and struck it down.
Nov. 9, 1908: The US Supreme Court upholds the Kentucky Appeals Court's decision. (Justice Harlan dissented saying that the penalties in the law were unconstitutional and that the logic of this law should lead to penalization of any mixture of the races...although he took steps to not condemn separate schools).

The Mid 1900s: The Era of Civil Rights
1965: Swain v. Alabama
The US Supreme Court ruled that a prosecutor could use challenges to strike all 6 blacks in jury pool unless a pattern of racial discrimination was shown on the part of the prosecutor. The defense almost never has such statistics, however, to prove such discrimination.
1986: Batson v. Kentucky reverses Swain v. Alabama somewhat although a prosecutor can still strike several jurors of a particular race.

The Late 1900s

© 1998 Jeff Jones