Partus sequitur ventrem, often abbreviated to
partus, in the
British North American colonies and later in the
United States, was a
legal doctrine which the English
royal colonies incorporated in
legislation related to definitions of
slavery. It was derived from the Roman
civil law; it held that the slave status of a child followed that of his or her mother. It was widely adopted into the laws of
slavery in the colonies and the following United States. The
Latin phrase literally means "that which is brought forth follows the womb."
[1]
Mixed-race slaves
Intercourse between white male masters and their female slaves coupled with the
partus law resulted in numerous slaves of mixed-race and primarily European ancestry, as European visitors noted in Virginia by the eighteenth century.
[5] Such was the case in the household of
Thomas Jefferson's
Monticello. Among the more than 100 slaves his wife inherited after the death of her father
John Wayles in 1773 were the eleven mixed-race members of the Hemings family:
Betty Hemings was the daughter of an enslaved African woman and an English sea captain. Her six mixed-race children from a 12-year relationship with the widower Wayles were three-quarters white, and half-siblings to Jefferson's wife Martha Wayles.
[6]
Most historians believe that the young widower Jefferson, still only in his 40s, repeated this pattern, taking his young mixed-race slave
Sally Hemings as his
concubine. Half-sister to his late wife, she was the youngest of Betty's children by Wayles. They were believed to have a 38-year, monogamous, stable relationship; and Jefferson fathered her six children, four of whom survived to adulthood.
[6][7] With seven-eighths European ancestry, they were legally white under Virginia law of the time, although born into slavery. Three of the four entered white society as adults, and some of them and their descendants changed their names and disappeared into history.
Along the
Gulf Coast in Latin colonies, there arose an elite class of
free people of color, descendants originally of African women and European colonists, especially in
New Orleans,
Savannah and
Charleston. Many of these Creoles of color became educated and owned property; some held slaves of their own.
[8]
In the two decades after the Revolution, numerous slaveholders in the
Upper South were moved by its ideals to free their slaves, so that the percentage of
free blacks rose from less than one percent in 1780 to more than 10 percent by 1810. In Virginia 7.2 percent of the population were free blacks by 1810. In Delaware three-quarters of the blacks were free by 1810.
[9] Soon the demand for slave labor increased as cotton cultivation expanded, and
manumissions dropped markedly. Virginia and other state legislatures in the early nineteenth century made manumissions more difficult to obtain.
The author
Mary Chesnut notably wrote of her South Carolina society at the time of the Civil War,
"This only I see: like the
patriarchs of old our men live all in one house with their wives and their
concubines, the
Mulattoes one sees in every family exactly resemble the white children—every lady tells you who is the father of all the Mulatto children in every body's household, but those in her own, she seems to think drop from the clouds or pretends so to think..."
[10]
Fanny Kemble, an English actress married to an
American planter in the
antebellum era, wrote about the disgrace of elite white fathers abandoning their mixed-race children in her
Journal of a Residence on a Georgia Plantation in 1838-1839.
[11] She did not publish the book until 1863.
In the antebellum years, not all white fathers abandoned their children by slave or free black mistresses. Some lived in common-law relationships with slave women, protecting them and their children by
manumission when possible, by passing on property to them, or by arranging apprenticeships or education for the children, and sometimes settlement in the North. Some wealthy planters paid to have their mixed-race children educated in the North, in colleges such as
Oberlin, which was open to all races. For example, by 1860, most of the 200 subscription students at
Wilberforce University in southern Ohio, established in 1855 by the
Methodist and
African Methodist Episcopal churches for the education of black youths, were mixed-race, "natural" sons, whose education was paid for by their wealthy Southern planter fathers.
[12]
These were exceptions to the many mixed-race children who were abandoned. Educated free people of color often became leaders of the
abolitionist movement, such as
Robert Purvis in Philadelphia, and the brothers
Charles Henry and
John Mercer Langston, who continued their leadership in the post-Civil War years in Kansas and Virginia, respectively.