Early American History Paper On Laws Amh 1010 316r5u

In society there is a body of fundamental principles or established laws according to which a state or other organization is acknowledged to be governed, which is known to be a constitution. But what are laws? Well they are rules that a particular country or community recognizes as regulating the actions of its and may enforce by the imposition of penalties. The topic that will be discussed is laws, constitution and rules and how they were interpreted and the effect they had in the New World, which comes from the book Reading the American Past. Subjects that will be covered were monumental through the 17th century till 19th century and beyond, which became a stepping stone for American Revolutions. There is also an examination of testimonies from the Virginia court records. Eyewitness’s gave their statements for the case of John Long and Katherine Watkins. A slave, John Long is accused of raping a white woman named Katherine Watkins. There is also the analysis of James Forten objection to a Pennsylvania Law that would prohibit African Americans from entering Pennsylvania and incarcerate any African American which didn’t meet the legal criteria. Lastly there is the exploration of United States of America Constitution views on slavery, whether it was Anti-slavery like Frederick Douglass debated or Pro-slavery like Jefferson Davis argued. The wrongful prosecution of African Americans was a common occurrence in early America. In Henrico County Virginia on August 1681 Katherine Watkins a white woman accused John Long a slave of raping her. Watkins court testimony is that on August, she encountered Long in between her house and Thomas Cocke house, Long grabs and stuffs her mouth with a handkerchief and raped her, only to be rescued by Jack White. Watkins talked to her husband, Henry Watkins about the incident but is not inclined to prosecution because his a Quaker.1

Now John Aust, 32 years of age, is asked for his testimony of Mrs. Watkins. Aust said that he saw Watkins go to Cockes orchard, where the servants were and started drinking syder with them. Aust saw Watkins grab the crotch of Jack, throw him into a bed and kiss him. Aust also witnessed Jack and Watkins go into the Fish room. But Aust doesn’t know what happened inside because he left. Other testimonies of Watkins were given by eyewitnesses such as William Harding, 35 years of age, Mary Winter, 22 years of age, Lambert Tye, 26 years of age and Humphrey Smith, 26 years of age. Harding, Winter and Tye testaments of Watkins were all similar to Aust’s and assert what Aust said. But the last testimony of Smith was different from the rest; Smith said that he heard the mulatto John had itted he went to Watkins house three times asking for Watkins forgiveness, but the husband came out and threated to shoot him.2 One can infer from this document that Long was never convicted, but unjustly prosecutions like these of African Americans continued throughout American history. How could man made laws ever violate natural rights and freedom of another individual? Well in 1813, a Pennsylvania law violated African American rights to freedom. A Pennsylvania bill threatened to imprison free African Americans. James Forten, before the senate of Pennsylvania, illustrated the destruction of natural rights and the constitution that every American citizen has. Forten acknowledged that Pennsylvania was one of the great few states that gave African Americans liberty and protection of the laws. But, Forten says that if senate were to this bill, Pennsylvania will once again start practicing selling African Americans to the highest bidder. Forten stated that the constitution of Pennsylvania declared “that all men are born equally free…enjoying life and liberty”.3 Forten asked why were African Americans still treated so differently? Both races breathed the same air, ate the same food, got

hurt by the same injuries and got satisfied by the same pleasures, so shouldn’t the African American enjoy the same Constitution as you, the white man, Forten mentioned. Forten also made the point that the founders of the constitution knew that humans had no right to enslave African Americans. Forten offered the example of how the English monarchy ruled over the early American colonist and how the Americans were similar to the English monarchy by their treatment towards the African Americans. Forten pleaded that no law be ed like this and hoped that Pennsylvania stayed ers of freemen.4 It can be suggested that this law was never ed but this document displays the criminality of some laws that were put forth before senate, that were somehow supposed to help out Americans. Why does this constitution read different from that constitution, even though there the same constitution? In 1860, former slave Frederick Douglass debated on whether or not the constitution of the United States was proslavery or antislavery in his pamphlet. Douglass asked for Americans to read the constitution carefully. What does it say, he asked? Forten questioned, do humans have the right to claim another person as property? He asked for these types of questions not to be left to suggestion but answered for all to know. Douglass compared the white Americans to the African American, saying that when the white Americans liberty and freedom were at stake, they went all out rebelling against anyone who tried to take them away. But when it came down to the African Americans liberty and freedom, they were restricted. Douglass recited the beginning of the constitution and nowhere did it neglect anyone, it reads “we the people”. But somehow slaveholders read it differently getting from it that the African Americans weren’t included in the constitution, Douglass said. Slaveholders went everywhere else for evidence that the constitution was proslavery but the constitution

itself, Douglass mentioned. Douglass argued that he was against the suspension of the American union because according to him the slave states would had more control of slaves and their laws. Douglass last thoughts were that if the northern states helped enslave the African American, why not give them back their human rights.5 According to the author, the constitution was meant to be used by all men, including women. But sometimes words to some people don’t make sense and actions must be taken into consideration to make those words speak for themselves. Like the early pioneers of America who saw slaves as a source of labor, those views were kept by slaveholding Americans as well. In 1860, Jefferson Davis speaks before the U.S. senate and concluded that the U.S. Constitution was proslavery. According to Davis, the blessing of the founders was the conveying of the U.S. constitution. Davis said he knew of the difference in interests of states but the constitution was written for the rights and equality of all states. Davis said the way he claimed protection of slavery was, “first, because it is our right; secondly, because it is the duty of the General Government; and thirdly…employ for its own defense.”6 Davis only asked that territorial legislatures be made to understand that the congress of the United States did not grant them the power to interfere with the rights of persons or property assured by the constitution. “We claim to have but the constitution fairly and equally istered.”7 Davis read the constitution and getting from it, that slavery was a constitutional right and that slaves were just doing hard labor work. But Douglass on the other hand read the constitution way differently, that no man had the right to claim another man as his property,

humans are born naturally free, even slaves are born free and no man has the right to tell them otherwise. Like Douglass views towards slavery, Forten had the same perspective, even though they were years apart from each other, both viewed slavery as an outrage towards their own fellow man and the constitution. From the time of the Virginia court records in 1681, when the American Revolution didn’t even happened yet. To Douglass antislavery and Davis proslavery constitution in 1860, after the revolution, slavery was still a huge issue in United States of America. Americans citizens’ outlook on slavery laws, constitution and rules from 1681 to 1860 remained almost the same, African Americans were never met with the same rights as the whites and remained unfairly tried, but inch by inch attitudes towards African Americans started to change for the better. Laws, constitution and rules before and after American independence was a hot topic. People, whether black or white were either for or against slavery. Some saw different meanings of the constitution some read it and understood it and others often misinterpreted it. But in the end all those events led to one similar result, the reformation of America.

Notes 1

Testimony from Virginia Court Records, “Sex and Race Relations.” Reading the America Past: Selected Historical Documents, Volume 1: To 1877. Ed. Michael P. Johnson (Boston, Bedford St. Martin’s, 2009) 52. Quaker: That is, a Quaker believer who did not resort to court prosecution. 2

Testimony from Virginia Court Records, Reading the America Past, 52,53,54. 3

James Forten, “James Forten Protests Pennsylvania Law Threatening Enslavement of Free African Americans.” Reading the American Past: Selected Historical Documents. Volume 1: To 1877. Ed. Michael P. Johnson (Boston, Bedford St. Martin’s, 2009), 200. 4

Forten, Reading the American Past, 199,200,201. 5

Frederick Douglass. “The Antislavery Constitution.” Reading the American Past: Selected Historical Documents. Volume 1: To 1877. Ed. Michael P. Johnson. (Boston, Bedford St. Martin’s, 2009), 275,276,277. 6

Jefferson Davis, “The Proslavery Constitution.” Reading the American Past: Selected Historical Documents. Volume 1: To 1877. Ed. Michael P. Johnson (Boston, Bedford St. Martin’s, 2009), 278. 7

Davis, Reading the American Past, 279.

Laws, constitution and rules AMH 1010 Kara Lawson 10/1/12