AP® United States History · Unit 2 · Topic 2.6
How Slavery Became Racial and Hereditary
Virginia lawmakers, starting in the 1660s, wrote laws tying enslavement to Black ancestry and to the mother's status, turning slavery from a flexible labor arrangement into a permanent, hereditary, racial system.
In the early 1600s Virginia ran on indentured servitude. Servants, white and Black, signed or were forced into contracts for a set term, then went free, and some early Black Virginians like Anthony Johnson even owned land and servants themselves. There was no fixed law yet saying Black people were enslaved for life. That changed as the colony leaned harder on tobacco and needed a permanent, controllable labor force that could never walk away. Starting in 1662, Virginia's legislature passed laws making a child's status follow the mother, so children born to enslaved women were enslaved for life, no matter who the father was. This reversed English custom, which followed the father, and it let white planters profit from children they themselves fathered with enslaved women while denying those children any claim to freedom.
Bacon's Rebellion in 1676 accelerated this. Poor white servants and free farmers joined enslaved and free Black Virginians to attack the colonial government, furious at elite landowners and an unresponsive governor. That multiracial alliance terrified planters. Over the following decades they answered it two ways: shifting toward enslaved African labor, which could never finish a term and demand land, and passing laws that stripped rights from free Black Virginians while granting small privileges to poor whites purely for being white. Slave codes spread, banning interracial marriage, restricting Black gun ownership and assembly, and making manumission harder.
By 1705 Virginia's slave code bundled all this into one system: lifelong, inherited, race-based bondage with almost no path out. This is the hinge between period 2 and period 3, since the racial and legal architecture built here becomes the foundation plantation slavery runs on through the eighteenth century.
Key terms
- Partus sequitur ventrem
- The legal principle, adopted by Virginia in 1662, that a child's free or enslaved status follows the mother's status.
- Slave codes
- Laws defining the legal status of enslaved people and restricting the rights of free Black people, tightened repeatedly after the 1660s.
- Bacon's Rebellion
- An armed 1676 uprising of poor white and Black Virginians against the colonial government that alarmed planter elites.
- Hereditary slavery
- A system in which enslaved status passes automatically from parent to child for life, with no fixed end.
- Manumission
- The formal act of an enslaver freeing an enslaved person, made legally harder as codes tightened.
Watch it explained
- How it worksWalk me through the Virginia slave codes turning a labor arrangement into a racial caste.
- How it worksHow does Bacon's Rebellion push planters toward enslaved labor and away from servants?
- Common mistakeWhy isn't slavery in Virginia in 1620 the same institution it is there in 1700?
- Going furtherWhat happens to free Black landowners in Virginia as those codes tighten decade by decade?
Check yourself
End of topic.