]

[Footnote 12: W.W. Hening, _Statutes at Large of Virginia_, II, 515.]

Thus for two generations the negroes were few, they were employed alongside
the white servants, and in many cases were members of their masters'
households. They had by far the best opportunity which any of their race
had been given in America to learn the white men's ways and to adjust
the lines of their bondage into as pleasant places as might be. Their
importation was, for the time, on but an experimental scale, and even their
legal status was during the early decades indefinite.

The first comers were slaves in the hands of their maritime sellers; but
they were not fully slaves in the hands of their Virginian buyers, for
there was neither law nor custom then establishing the institution of
slavery in the colony. The documents of the times point clearly to a vague
tenure. In the county court records prior to 1661 the negroes are called
negro servants or merely negroes--never, it appears, definitely slaves. A
few were expressly described as servants for terms of years, and others
were conceded property rights of a sort incompatible with the institution
of slavery as elaborated in later times. Some of the blacks were in fact
liberated by the courts as having served out the terms fixed either by
their indentures or by the custom of the country. By the middle of the
century several had become free landowners, and at least one of them owned
a negro servant who went to court for his freedom but was denied it because
he could not produce the indenture which he claimed to have possessed.
Nevertheless as early as the sixteen-forties the holders of negroes were
falling into the custom of considering them, and on occasion selling them
along with the issue of the females, as servants for life and perpetuity.
The fact that negroes not bound for a term were coming to be appraised as
high as L30, while the most valuable white redemptioners were worth not
above L15 shows also the tendency toward the crystallization of slavery
before any statutory enactments declared its existence.[13]

[Footnote 13: The substance of this paragraph is drawn mainly from the
illuminating discussion of J.H. Russell, _The Free Negro in Virginia_
(Johns Hopkins University _Studies_, XXXI, no. 3, Baltimore, 1913), pp.
24-35.]

Until after the middle of the century the laws did not discriminate in any
way between the races. The tax laws were an index of the situation. The
act of 1