Gibson/Papenfuse
Race and the Law in Maryland

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Gibson/Papenfuse
Race and the Law in Maryland

Image No: 7   Enlarge and print image (75K)            << PREVIOUS   NEXT >>

Susquehanna. The Susquehanna Indians at this time had engaged in sporadic small clashes with the colonists who sided with the neighboring Nanticoke and Piscataway tribes in disputes with the Susquehanna.25 The Governor apparently wanted to attack, but the majority of the Assembly voted against giving the Governor and his Councilors the discretion to act. DeSousa came to the Assembly the day after this vote, but it was a critical issue for him. D. Freeman to Servant in Bankruptcy The Susquehanna expedition may have proved costly for Mathias in other ways. When he gave his deposition in November he was also facing two suits for his labor. John Hollis was issued a writ of execution against the person of DeSousa to satisfy a debt of 500 pounds of tobacco.26 John Lewger obtained a stay of execution to prove that "the person of Mathias de sousa is bound to him the said John Lewger by an indenture of service for four months and upward yet to come."27 On December 5, the Provincial Court found in Lewger's favor "that the covenant of the said Mathias for disposing of his person to the satisfaction of Mrs. [sic?] Lewger's just debts was valid, and that execution was to issue upon his person on behalf of the said John Hollis in the same order and to the same effect as other executions upon goods."28 In other words, DeSousa must first serve his term for Lewger before serving Hollis. With the exception of the designation of DeSousa as mulatto in the headright of Father White, no other recorded document of the period makes reference to his race. A free man who made contracts, led a trading expedition, gave a deposition for court proceedings, and voted, but whose debts led him back into indentured servitude (possibly he borrowed from Lewger and Hollis to do some trading on his own), DeSousa was an equal member of society. DeSousa's life provides a vision of an integrated society in the early days of the colony and gives sharp point to the inquiry on when and how his fellow colonists established slavery in the proprietary colony. II. The Early Establishment of Slavery Although slavery in America underwent many changes over time, the core concept of perpetual service to a master probably was instituted in Maryland during the same period that DeSousa was contracting, voting and trading. The early colonists could accept this mulatto as an equal and simultaneously institute slavery because Mathias DeSousa differed in many ways from most negroes who came to the Chesapeake at the beginning of the seventeenth century. He was a mulatto, rather than a black. Thus his features would be closer to European than the negroes who came later. He was at least one generation removed from Africa, exposed from birth to some form of European culture.29 He was brought to Maryland by a priest more concerned with spiritual salvation than material success. Although Father White considered the indians to be savages, he believed all men regardless of race could be saved by embracing Christianity. DeSousa was a Christian, probably a catholic.30 His command of language and of men in 1642 could have been acquired in the eight years since his arrival, but they at least suggest some time in a responsible position in England or with English settlers before his arrival.31 Throughout the remainder of the