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Could you sell yourself into slavery in the USA?


Is slavery Illegal in the United States?Could the USA order Apple to unlock a phone under the Defense Production Act?What is the punishment for slavery in the United States?Can you legally defend yourself against an attacking police officer?Do all the roommates have to be on a rental lease in Virginia, USA?Could the USA be banned from the United Nations?Could the USA abandon common law?Could the USA force all porn sites onto .xxx domain?Could Congress have ended slavery without the 13th Amendment?did you consent because you could have seen a poster?






.everyoneloves__top-leaderboard:empty,.everyoneloves__mid-leaderboard:empty,.everyoneloves__bot-mid-leaderboard:empty margin-bottom:0;








2















Classical (non-racial) systems of slavery in Western civilization, such as Greco-Roman, Celtic, etc. typically included provisions for selling oneself into slavery. This might be as a way to escape crushing debt, or done as a matter of honor to serve a benefactor. These methods existed in addition to other ways that one might become a slave, such as being taken as a Prisoner Of War or being convicted of certain criminal offenses.



Did this principle apply, at least in theory, to slavery as practiced in the USA before the Thirteenth Amendment? I recognize that there were debt-based servitude arrangements not amounting to total, lifetime enslavement (e.g. Indentured Servitude) that were used primarily by white immigrants, but was legally enslaving a free, willing US resident or immigrant legally impossible by any means or was this simply something that was not done for social or practical reasons?



If "The United States" is too broad for such an analysis, we can limit ourselves to the state of Virginia, which had some of the earliest legislation surrounding the "peculiar institution".



For the purposes of this question, colonial-era law (pre-independence) may count.



This question has nothing to do with unlawful human trafficking, nor does it have anything to do with BDSM-culture "slave contracts" and similar phenomena.










share|improve this question
























  • You may be able to get better answers at History.SE but I've given it a college try based upon my mix of history, law and legal history knowledge.

    – ohwilleke
    8 hours ago

















2















Classical (non-racial) systems of slavery in Western civilization, such as Greco-Roman, Celtic, etc. typically included provisions for selling oneself into slavery. This might be as a way to escape crushing debt, or done as a matter of honor to serve a benefactor. These methods existed in addition to other ways that one might become a slave, such as being taken as a Prisoner Of War or being convicted of certain criminal offenses.



Did this principle apply, at least in theory, to slavery as practiced in the USA before the Thirteenth Amendment? I recognize that there were debt-based servitude arrangements not amounting to total, lifetime enslavement (e.g. Indentured Servitude) that were used primarily by white immigrants, but was legally enslaving a free, willing US resident or immigrant legally impossible by any means or was this simply something that was not done for social or practical reasons?



If "The United States" is too broad for such an analysis, we can limit ourselves to the state of Virginia, which had some of the earliest legislation surrounding the "peculiar institution".



For the purposes of this question, colonial-era law (pre-independence) may count.



This question has nothing to do with unlawful human trafficking, nor does it have anything to do with BDSM-culture "slave contracts" and similar phenomena.










share|improve this question
























  • You may be able to get better answers at History.SE but I've given it a college try based upon my mix of history, law and legal history knowledge.

    – ohwilleke
    8 hours ago













2












2








2








Classical (non-racial) systems of slavery in Western civilization, such as Greco-Roman, Celtic, etc. typically included provisions for selling oneself into slavery. This might be as a way to escape crushing debt, or done as a matter of honor to serve a benefactor. These methods existed in addition to other ways that one might become a slave, such as being taken as a Prisoner Of War or being convicted of certain criminal offenses.



Did this principle apply, at least in theory, to slavery as practiced in the USA before the Thirteenth Amendment? I recognize that there were debt-based servitude arrangements not amounting to total, lifetime enslavement (e.g. Indentured Servitude) that were used primarily by white immigrants, but was legally enslaving a free, willing US resident or immigrant legally impossible by any means or was this simply something that was not done for social or practical reasons?



If "The United States" is too broad for such an analysis, we can limit ourselves to the state of Virginia, which had some of the earliest legislation surrounding the "peculiar institution".



For the purposes of this question, colonial-era law (pre-independence) may count.



This question has nothing to do with unlawful human trafficking, nor does it have anything to do with BDSM-culture "slave contracts" and similar phenomena.










share|improve this question
















Classical (non-racial) systems of slavery in Western civilization, such as Greco-Roman, Celtic, etc. typically included provisions for selling oneself into slavery. This might be as a way to escape crushing debt, or done as a matter of honor to serve a benefactor. These methods existed in addition to other ways that one might become a slave, such as being taken as a Prisoner Of War or being convicted of certain criminal offenses.



Did this principle apply, at least in theory, to slavery as practiced in the USA before the Thirteenth Amendment? I recognize that there were debt-based servitude arrangements not amounting to total, lifetime enslavement (e.g. Indentured Servitude) that were used primarily by white immigrants, but was legally enslaving a free, willing US resident or immigrant legally impossible by any means or was this simply something that was not done for social or practical reasons?



If "The United States" is too broad for such an analysis, we can limit ourselves to the state of Virginia, which had some of the earliest legislation surrounding the "peculiar institution".



For the purposes of this question, colonial-era law (pre-independence) may count.



This question has nothing to do with unlawful human trafficking, nor does it have anything to do with BDSM-culture "slave contracts" and similar phenomena.







united-states virginia slavery






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  • You may be able to get better answers at History.SE but I've given it a college try based upon my mix of history, law and legal history knowledge.

    – ohwilleke
    8 hours ago

















  • You may be able to get better answers at History.SE but I've given it a college try based upon my mix of history, law and legal history knowledge.

    – ohwilleke
    8 hours ago
















You may be able to get better answers at History.SE but I've given it a college try based upon my mix of history, law and legal history knowledge.

– ohwilleke
8 hours ago





You may be able to get better answers at History.SE but I've given it a college try based upon my mix of history, law and legal history knowledge.

– ohwilleke
8 hours ago










1 Answer
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In British colonies and their successors



It is hard to prove a negative, but in the British colonies and their successors, I believe that the answer was probably no.



Indentured servitude came close to the concept of selling oneself into slavery, although for a fixed term of years. And, the 13th Amendment recognizes the possibility that slavery could be a punishment for a criminal offense, although I've never heard of any instances in which this actually was a punishment for a criminal offense (although the equivalent of indentured servitude was a punishment in some cases) outside on case from 1659 in what is now New Mexico but then was part of Old Mexico, mentioned below.



I've also never heard of even a single instance of someone selling themselves into slavery in the U.S., despite being a fairly avid history buff who minored in history in college.



Another piece of circumstantial evidence that argues against the existence of a mechanism for selling yourself into slavery is the fact that the U.S. Constitution, all the way back in 1789, already provided for, as a basic function of government, for bankruptcy, and the institution of bankruptcy was one with long British law antecedents that existed in the American colonies as well. Likewise, the U.S. Constitution also prohibited punishments involving a "corruption of blood" which held descendants responsible for the acts of their ancestors even if those acts amounted to treason.



Self-enslavement for "honor" is very akin to a feudal oath of fealty, which was strongly rejected as part of the Independence movement of the United States including language in the 1789 U.S. Constitution, and it was also an institution that never had much currency in the Americas because many of the early colonies were of a corporate or religious nature, rather than an aristocratic one, unlike many early Spanish colonies.



These historical circumstances eliminated the main circumstances motivating historical examples of an institution of submitting oneself to slavery.



Another historical fact that strongly argues against there being an institution of selling oneself in slavery was the strongly racialized nature of slavery in British colonies and their successors. Indentured servitude was for white people, slavery was for black people, and there really wasn't much of a cultural or conceptual need for mix up these two models. Doing so would have undermined a cultural axiom of racial supremacy which was important to sustaining slavery as an institution in the United States.



This may also be a reason that there was not a strong institution of enslaving either European descent or Native American prisoners of war in North America, even though some Native Americans were enslaved on a more ad hoc basis by people of European descent. If I recall correctly, early attempts to enslave Native Americans were also not very successful as an economic proposition for the would be slavers, for whatever reasons, further racializing slavery as an institution in North America largely limited to people of African descent. The discussion at the link above illustrates the parameters of the situation:




When Europeans arrived as colonists in North America, Native Americans
changed their practice of slavery dramatically. Native Americans began
selling war captives to Europeans rather than integrating them into
their own societies as they had done before. As the demand for labor
in the West Indies grew with the cultivation of sugar cane, Europeans
enslaved Native Americans for the Thirteen Colonies, and some were
exported to the "sugar islands." The British settlers, especially
those in the southern colonies, purchased or captured Native Americans
to use as forced labor in cultivating tobacco, rice, and indigo.
Accurate records of the numbers enslaved do not exist. Scholars
estimate tens of thousands of Native Americans may have been enslaved
by the Europeans, being sold by Native Americans themselves or
European men.



Slaves became a caste of people who were foreign to the English
(Native Americans, Africans and their descendants) and non-Christians.
The Virginia General Assembly defined some terms of slavery in 1705:



All servants imported and brought into the Country ... who were not
Christians in their native Country ... shall be accounted and be
slaves. All Negro, mulatto and Indian slaves within this dominion ...
shall be held to be real estate. If any slave resists his master ...
correcting such slave, and shall happen to be killed in such
correction ... the master shall be free of all punishment ... as if
such accident never happened.



— Virginia General Assembly declaration, 1705.



The slave trade of Native Americans lasted only until around 1730. It
gave rise to a series of devastating wars among the tribes, including
the Yamasee War. The Indian Wars of the early 18th century, combined
with the increasing importation of African slaves, effectively ended
the Native American slave trade by 1750. Colonists found that Native
American slaves could easily escape, as they knew the country. The
wars cost the lives of numerous colonial slave traders and disrupted
their early societies. The remaining Native American groups banded
together to face the Europeans from a position of strength. Many
surviving Native American peoples of the southeast strengthened their
loose coalitions of language groups and joined confederacies such as
the Choctaw, the Creek, and the Catawba for protection.



Native American women were at risk for rape whether they were enslaved
or not; during the early colonial years, settlers were
disproportionately male. They turned to Native women for sexual
relationships. Both Native American and African enslaved women
suffered rape and sexual harassment by male slaveholders and other
white men.



The exact number of Native Americans who were enslaved is unknown
because vital statistics and census reports were at best
infrequent. Andrés Reséndez estimates that between 147,000 and
340,000 Native Americans were enslaved in North America, excluding
Mexico. Linford Fisher's estimates 2.5 million to 5.5 million Natives
enslaved in the entire Americas. Even though records became more
reliable in the later colonial period, Native American slaves received
little to no mention, or they were classed with African slaves with no
distinction. For example, in the case of "Sarah Chauqum of Rhode
Island", her master listed her as mulatto in the bill of sale to
Edward Robinson, but she won her freedom by asserting her Narragansett
identity.



Little is known about Native Americans that were forced into labor.
Two myths have complicated the history of Native American slavery:
that Native Americans were undesirable as servants, and that Native
Americans were exterminated or pushed out after King Philip's War. The
precise legal status for some Native Americans is at times difficult
to establish, as involuntary servitude and slavery were poorly defined
in 17th-century British America. Some masters asserted ownership over
the children of Native American servants, seeking to turn them into
slaves. The historical uniqueness of slavery in America is that
European settlers drew a rigid line between insiders, "people like
themselves who could never be enslaved", and nonwhite outsiders,
"mostly Africans and Native Americans who could be enslaved". A unique
feature between natives and colonists was that colonists gradually
asserted sovereignty over the native inhabitants during the
seventeenth century, ironically transforming them into subjects with
collective rights and privileges that Africans could not enjoy. The
West Indies developed as plantation societies prior to the Chesapeake
Bay region and had a demand for labor.



In the Spanish colonies, the church assigned Spanish surnames to
Native Americans and recorded them as servants rather than slaves.
Many members of Native American tribes in the Western United States
were taken for life as slaves. In some cases, courts served as
conduits for enslavement of Indians, as evidenced by the enslavement
of the Hopi man Juan Suñi in 1659 by a court in Santa Fe for theft of
food and trinkets from the governor's mansion. In the East, Native
Americans were recorded as slaves.




The colonial legislation from Virginia from 1705 quoted above, in particular, argues that Europeans could not generally be enslaved in Virginia, although the distinction was formally religious rather than racial and hence, could have authorized Jewish slavery in Virginia (there were almost no Jews in England in the colonial era because they were exiled from Britain at one point). The religious aspect also had a caveat omitted in the quote from the 1705 legislation from Virginia above:




all servants imported and brought into the Country... who were not
christians in their native country, (except... Turks and Moors in
amity with her majesty, and others that can make due proof of their
being free in England, or any other christian country, before they
were shipped...)
shall be accounted and be slaves, and such be here
bought and sold notwithstanding a conversion to christianity
afterward.




Also not unrelated is the fact that early attempts to use indentured servants and hired farm hands of European descent in the American Southeast were not very successful because the mortality and disease rates of these servants, especially due to mosquito born diseases to which they had little natural immunity, was so significantly greater than that of African descent slaves who had some natural immunity to these diseases, making white slavery an economically unattractive institution to establish.



Periodic rounds of "moral panic" related to the nebulous and often not very well grounded fear of white slavery that has recurred throughout U.S. history at regular intervals also argues for the racialized nature of the institution in the U.S. and its predecessor British colonies.



In sum, there is very good reason to believe that it was never possible to sell oneself into slavery in the United States or in the British colonies that preceded it, even though it is hard to prove that point definitively.




was legally enslaving a free, willing US resident or immigrant legally
impossible by any means or was this simply something that was not done
for social or practical reasons?




I do not believe that this was expressly provided for by statute, but most law at the time was common law rooted in British case law anyway, which makes distinguishing between something that was "legally impossible" and something "that was not done for social or practical reasons" harder to distinguish in common law jurisdictions than in civil law jurisdictions based upon continental Europe.



Colonies of Civil Law Countries



I am less confident of the status of this possibility in the case of Dutch or Spanish or French colonies in North America.



I know from historical accounts of French North America that slavery, while it existed, was much less racialized with a significant community of free people of color.



And, all three of those countries had legal systems with their roots in Roman law that was "received" by these countries in the early modern era basically when political leaders as the Middle Ages started to fade away, started to use Roman legal treatises to justify their resolutions of disputes without formally adopting this as a positive source of law (the Netherlands is a bit more muddled as it was also a major participant in the home grown institution called the "law merchant" devised by merchants serving as arbitrators, especially in disputes between merchants, some of which ended up influencing British common law). Anyway, in these countries, Roman legal sources that recognized the concept of selling yourself into slavery would have been available and could have been considered good law.



Also, because these countries, especially Spain and France, had much less of a vibrant commercial tradition in the early modern period, it is quite likely that the institution of bankruptcy that developed comparatively early in Britain came later there, potentially necessitating a way to settle debts that could not be discharged and which might otherwise burden descendants (many places in continental Europe had descendants liable for the debts of their ancestors into the early modern period).



So, if it were ever possible to sell oneself into slavery at all in North American history, in what ultimately became the United States, it probably happened in French North America, former Spanish colonies, or in Dutch Manhattan, with the first two probably much more likely to have occurred than the last one.



Even there, however, I cannot think of a single historical or literary account that recognizes even one example of such a transition in personal status. A short account of French slavery law also provides no precedent for anything remotely similar to this practice. This is particularly notable since the French apparently largely borrowed from Dutch and Spanish practice.



In Pre-Colonial America



The possibility of selling oneself into slavery did exist in the legal and cultural circumstances of some Native American tribes in North America, where the institution was less like the chattel slavery of the early English slave traders. As explained at the link above:




Many Native American tribes practiced some form of slavery before the
European introduction of African slavery into North America.



Native American groups often enslaved war captives whom they primarily
used for small-scale labor. Others however would stake themselves in
gambling situations when they had nothing else which would put them
into servitude for a short time in some cases for life; captives were
also sometimes tortured as part of religious rites, and these
sometimes involved ritual cannibalism. During times of famine some
Native Americans would also temporarily sell their children to obtain
food... Several tribes held captives as hostages for payment. Various
tribes also practiced debt slavery or imposed slavery on tribal
members who had committed crimes; full tribal status would be restored
as the enslaved worked off their obligations to the tribal society.
Obtaining prisoners was also a strong interest for Native American
warriors as for the qualification of being considered brave this was
especially an interest of male warriors in various tribes. Other
slave-owning tribes of North America included Comanche of Texas, the
Creek of Georgia; the fishing societies, such as the Yurok, who lived
in Northern California; the Pawnee, and the Klamath.




Self-enslavement seems to go hand in hand with slavery not having a strong racial component.






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    In British colonies and their successors



    It is hard to prove a negative, but in the British colonies and their successors, I believe that the answer was probably no.



    Indentured servitude came close to the concept of selling oneself into slavery, although for a fixed term of years. And, the 13th Amendment recognizes the possibility that slavery could be a punishment for a criminal offense, although I've never heard of any instances in which this actually was a punishment for a criminal offense (although the equivalent of indentured servitude was a punishment in some cases) outside on case from 1659 in what is now New Mexico but then was part of Old Mexico, mentioned below.



    I've also never heard of even a single instance of someone selling themselves into slavery in the U.S., despite being a fairly avid history buff who minored in history in college.



    Another piece of circumstantial evidence that argues against the existence of a mechanism for selling yourself into slavery is the fact that the U.S. Constitution, all the way back in 1789, already provided for, as a basic function of government, for bankruptcy, and the institution of bankruptcy was one with long British law antecedents that existed in the American colonies as well. Likewise, the U.S. Constitution also prohibited punishments involving a "corruption of blood" which held descendants responsible for the acts of their ancestors even if those acts amounted to treason.



    Self-enslavement for "honor" is very akin to a feudal oath of fealty, which was strongly rejected as part of the Independence movement of the United States including language in the 1789 U.S. Constitution, and it was also an institution that never had much currency in the Americas because many of the early colonies were of a corporate or religious nature, rather than an aristocratic one, unlike many early Spanish colonies.



    These historical circumstances eliminated the main circumstances motivating historical examples of an institution of submitting oneself to slavery.



    Another historical fact that strongly argues against there being an institution of selling oneself in slavery was the strongly racialized nature of slavery in British colonies and their successors. Indentured servitude was for white people, slavery was for black people, and there really wasn't much of a cultural or conceptual need for mix up these two models. Doing so would have undermined a cultural axiom of racial supremacy which was important to sustaining slavery as an institution in the United States.



    This may also be a reason that there was not a strong institution of enslaving either European descent or Native American prisoners of war in North America, even though some Native Americans were enslaved on a more ad hoc basis by people of European descent. If I recall correctly, early attempts to enslave Native Americans were also not very successful as an economic proposition for the would be slavers, for whatever reasons, further racializing slavery as an institution in North America largely limited to people of African descent. The discussion at the link above illustrates the parameters of the situation:




    When Europeans arrived as colonists in North America, Native Americans
    changed their practice of slavery dramatically. Native Americans began
    selling war captives to Europeans rather than integrating them into
    their own societies as they had done before. As the demand for labor
    in the West Indies grew with the cultivation of sugar cane, Europeans
    enslaved Native Americans for the Thirteen Colonies, and some were
    exported to the "sugar islands." The British settlers, especially
    those in the southern colonies, purchased or captured Native Americans
    to use as forced labor in cultivating tobacco, rice, and indigo.
    Accurate records of the numbers enslaved do not exist. Scholars
    estimate tens of thousands of Native Americans may have been enslaved
    by the Europeans, being sold by Native Americans themselves or
    European men.



    Slaves became a caste of people who were foreign to the English
    (Native Americans, Africans and their descendants) and non-Christians.
    The Virginia General Assembly defined some terms of slavery in 1705:



    All servants imported and brought into the Country ... who were not
    Christians in their native Country ... shall be accounted and be
    slaves. All Negro, mulatto and Indian slaves within this dominion ...
    shall be held to be real estate. If any slave resists his master ...
    correcting such slave, and shall happen to be killed in such
    correction ... the master shall be free of all punishment ... as if
    such accident never happened.



    — Virginia General Assembly declaration, 1705.



    The slave trade of Native Americans lasted only until around 1730. It
    gave rise to a series of devastating wars among the tribes, including
    the Yamasee War. The Indian Wars of the early 18th century, combined
    with the increasing importation of African slaves, effectively ended
    the Native American slave trade by 1750. Colonists found that Native
    American slaves could easily escape, as they knew the country. The
    wars cost the lives of numerous colonial slave traders and disrupted
    their early societies. The remaining Native American groups banded
    together to face the Europeans from a position of strength. Many
    surviving Native American peoples of the southeast strengthened their
    loose coalitions of language groups and joined confederacies such as
    the Choctaw, the Creek, and the Catawba for protection.



    Native American women were at risk for rape whether they were enslaved
    or not; during the early colonial years, settlers were
    disproportionately male. They turned to Native women for sexual
    relationships. Both Native American and African enslaved women
    suffered rape and sexual harassment by male slaveholders and other
    white men.



    The exact number of Native Americans who were enslaved is unknown
    because vital statistics and census reports were at best
    infrequent. Andrés Reséndez estimates that between 147,000 and
    340,000 Native Americans were enslaved in North America, excluding
    Mexico. Linford Fisher's estimates 2.5 million to 5.5 million Natives
    enslaved in the entire Americas. Even though records became more
    reliable in the later colonial period, Native American slaves received
    little to no mention, or they were classed with African slaves with no
    distinction. For example, in the case of "Sarah Chauqum of Rhode
    Island", her master listed her as mulatto in the bill of sale to
    Edward Robinson, but she won her freedom by asserting her Narragansett
    identity.



    Little is known about Native Americans that were forced into labor.
    Two myths have complicated the history of Native American slavery:
    that Native Americans were undesirable as servants, and that Native
    Americans were exterminated or pushed out after King Philip's War. The
    precise legal status for some Native Americans is at times difficult
    to establish, as involuntary servitude and slavery were poorly defined
    in 17th-century British America. Some masters asserted ownership over
    the children of Native American servants, seeking to turn them into
    slaves. The historical uniqueness of slavery in America is that
    European settlers drew a rigid line between insiders, "people like
    themselves who could never be enslaved", and nonwhite outsiders,
    "mostly Africans and Native Americans who could be enslaved". A unique
    feature between natives and colonists was that colonists gradually
    asserted sovereignty over the native inhabitants during the
    seventeenth century, ironically transforming them into subjects with
    collective rights and privileges that Africans could not enjoy. The
    West Indies developed as plantation societies prior to the Chesapeake
    Bay region and had a demand for labor.



    In the Spanish colonies, the church assigned Spanish surnames to
    Native Americans and recorded them as servants rather than slaves.
    Many members of Native American tribes in the Western United States
    were taken for life as slaves. In some cases, courts served as
    conduits for enslavement of Indians, as evidenced by the enslavement
    of the Hopi man Juan Suñi in 1659 by a court in Santa Fe for theft of
    food and trinkets from the governor's mansion. In the East, Native
    Americans were recorded as slaves.




    The colonial legislation from Virginia from 1705 quoted above, in particular, argues that Europeans could not generally be enslaved in Virginia, although the distinction was formally religious rather than racial and hence, could have authorized Jewish slavery in Virginia (there were almost no Jews in England in the colonial era because they were exiled from Britain at one point). The religious aspect also had a caveat omitted in the quote from the 1705 legislation from Virginia above:




    all servants imported and brought into the Country... who were not
    christians in their native country, (except... Turks and Moors in
    amity with her majesty, and others that can make due proof of their
    being free in England, or any other christian country, before they
    were shipped...)
    shall be accounted and be slaves, and such be here
    bought and sold notwithstanding a conversion to christianity
    afterward.




    Also not unrelated is the fact that early attempts to use indentured servants and hired farm hands of European descent in the American Southeast were not very successful because the mortality and disease rates of these servants, especially due to mosquito born diseases to which they had little natural immunity, was so significantly greater than that of African descent slaves who had some natural immunity to these diseases, making white slavery an economically unattractive institution to establish.



    Periodic rounds of "moral panic" related to the nebulous and often not very well grounded fear of white slavery that has recurred throughout U.S. history at regular intervals also argues for the racialized nature of the institution in the U.S. and its predecessor British colonies.



    In sum, there is very good reason to believe that it was never possible to sell oneself into slavery in the United States or in the British colonies that preceded it, even though it is hard to prove that point definitively.




    was legally enslaving a free, willing US resident or immigrant legally
    impossible by any means or was this simply something that was not done
    for social or practical reasons?




    I do not believe that this was expressly provided for by statute, but most law at the time was common law rooted in British case law anyway, which makes distinguishing between something that was "legally impossible" and something "that was not done for social or practical reasons" harder to distinguish in common law jurisdictions than in civil law jurisdictions based upon continental Europe.



    Colonies of Civil Law Countries



    I am less confident of the status of this possibility in the case of Dutch or Spanish or French colonies in North America.



    I know from historical accounts of French North America that slavery, while it existed, was much less racialized with a significant community of free people of color.



    And, all three of those countries had legal systems with their roots in Roman law that was "received" by these countries in the early modern era basically when political leaders as the Middle Ages started to fade away, started to use Roman legal treatises to justify their resolutions of disputes without formally adopting this as a positive source of law (the Netherlands is a bit more muddled as it was also a major participant in the home grown institution called the "law merchant" devised by merchants serving as arbitrators, especially in disputes between merchants, some of which ended up influencing British common law). Anyway, in these countries, Roman legal sources that recognized the concept of selling yourself into slavery would have been available and could have been considered good law.



    Also, because these countries, especially Spain and France, had much less of a vibrant commercial tradition in the early modern period, it is quite likely that the institution of bankruptcy that developed comparatively early in Britain came later there, potentially necessitating a way to settle debts that could not be discharged and which might otherwise burden descendants (many places in continental Europe had descendants liable for the debts of their ancestors into the early modern period).



    So, if it were ever possible to sell oneself into slavery at all in North American history, in what ultimately became the United States, it probably happened in French North America, former Spanish colonies, or in Dutch Manhattan, with the first two probably much more likely to have occurred than the last one.



    Even there, however, I cannot think of a single historical or literary account that recognizes even one example of such a transition in personal status. A short account of French slavery law also provides no precedent for anything remotely similar to this practice. This is particularly notable since the French apparently largely borrowed from Dutch and Spanish practice.



    In Pre-Colonial America



    The possibility of selling oneself into slavery did exist in the legal and cultural circumstances of some Native American tribes in North America, where the institution was less like the chattel slavery of the early English slave traders. As explained at the link above:




    Many Native American tribes practiced some form of slavery before the
    European introduction of African slavery into North America.



    Native American groups often enslaved war captives whom they primarily
    used for small-scale labor. Others however would stake themselves in
    gambling situations when they had nothing else which would put them
    into servitude for a short time in some cases for life; captives were
    also sometimes tortured as part of religious rites, and these
    sometimes involved ritual cannibalism. During times of famine some
    Native Americans would also temporarily sell their children to obtain
    food... Several tribes held captives as hostages for payment. Various
    tribes also practiced debt slavery or imposed slavery on tribal
    members who had committed crimes; full tribal status would be restored
    as the enslaved worked off their obligations to the tribal society.
    Obtaining prisoners was also a strong interest for Native American
    warriors as for the qualification of being considered brave this was
    especially an interest of male warriors in various tribes. Other
    slave-owning tribes of North America included Comanche of Texas, the
    Creek of Georgia; the fishing societies, such as the Yurok, who lived
    in Northern California; the Pawnee, and the Klamath.




    Self-enslavement seems to go hand in hand with slavery not having a strong racial component.






    share|improve this answer





























      3














      In British colonies and their successors



      It is hard to prove a negative, but in the British colonies and their successors, I believe that the answer was probably no.



      Indentured servitude came close to the concept of selling oneself into slavery, although for a fixed term of years. And, the 13th Amendment recognizes the possibility that slavery could be a punishment for a criminal offense, although I've never heard of any instances in which this actually was a punishment for a criminal offense (although the equivalent of indentured servitude was a punishment in some cases) outside on case from 1659 in what is now New Mexico but then was part of Old Mexico, mentioned below.



      I've also never heard of even a single instance of someone selling themselves into slavery in the U.S., despite being a fairly avid history buff who minored in history in college.



      Another piece of circumstantial evidence that argues against the existence of a mechanism for selling yourself into slavery is the fact that the U.S. Constitution, all the way back in 1789, already provided for, as a basic function of government, for bankruptcy, and the institution of bankruptcy was one with long British law antecedents that existed in the American colonies as well. Likewise, the U.S. Constitution also prohibited punishments involving a "corruption of blood" which held descendants responsible for the acts of their ancestors even if those acts amounted to treason.



      Self-enslavement for "honor" is very akin to a feudal oath of fealty, which was strongly rejected as part of the Independence movement of the United States including language in the 1789 U.S. Constitution, and it was also an institution that never had much currency in the Americas because many of the early colonies were of a corporate or religious nature, rather than an aristocratic one, unlike many early Spanish colonies.



      These historical circumstances eliminated the main circumstances motivating historical examples of an institution of submitting oneself to slavery.



      Another historical fact that strongly argues against there being an institution of selling oneself in slavery was the strongly racialized nature of slavery in British colonies and their successors. Indentured servitude was for white people, slavery was for black people, and there really wasn't much of a cultural or conceptual need for mix up these two models. Doing so would have undermined a cultural axiom of racial supremacy which was important to sustaining slavery as an institution in the United States.



      This may also be a reason that there was not a strong institution of enslaving either European descent or Native American prisoners of war in North America, even though some Native Americans were enslaved on a more ad hoc basis by people of European descent. If I recall correctly, early attempts to enslave Native Americans were also not very successful as an economic proposition for the would be slavers, for whatever reasons, further racializing slavery as an institution in North America largely limited to people of African descent. The discussion at the link above illustrates the parameters of the situation:




      When Europeans arrived as colonists in North America, Native Americans
      changed their practice of slavery dramatically. Native Americans began
      selling war captives to Europeans rather than integrating them into
      their own societies as they had done before. As the demand for labor
      in the West Indies grew with the cultivation of sugar cane, Europeans
      enslaved Native Americans for the Thirteen Colonies, and some were
      exported to the "sugar islands." The British settlers, especially
      those in the southern colonies, purchased or captured Native Americans
      to use as forced labor in cultivating tobacco, rice, and indigo.
      Accurate records of the numbers enslaved do not exist. Scholars
      estimate tens of thousands of Native Americans may have been enslaved
      by the Europeans, being sold by Native Americans themselves or
      European men.



      Slaves became a caste of people who were foreign to the English
      (Native Americans, Africans and their descendants) and non-Christians.
      The Virginia General Assembly defined some terms of slavery in 1705:



      All servants imported and brought into the Country ... who were not
      Christians in their native Country ... shall be accounted and be
      slaves. All Negro, mulatto and Indian slaves within this dominion ...
      shall be held to be real estate. If any slave resists his master ...
      correcting such slave, and shall happen to be killed in such
      correction ... the master shall be free of all punishment ... as if
      such accident never happened.



      — Virginia General Assembly declaration, 1705.



      The slave trade of Native Americans lasted only until around 1730. It
      gave rise to a series of devastating wars among the tribes, including
      the Yamasee War. The Indian Wars of the early 18th century, combined
      with the increasing importation of African slaves, effectively ended
      the Native American slave trade by 1750. Colonists found that Native
      American slaves could easily escape, as they knew the country. The
      wars cost the lives of numerous colonial slave traders and disrupted
      their early societies. The remaining Native American groups banded
      together to face the Europeans from a position of strength. Many
      surviving Native American peoples of the southeast strengthened their
      loose coalitions of language groups and joined confederacies such as
      the Choctaw, the Creek, and the Catawba for protection.



      Native American women were at risk for rape whether they were enslaved
      or not; during the early colonial years, settlers were
      disproportionately male. They turned to Native women for sexual
      relationships. Both Native American and African enslaved women
      suffered rape and sexual harassment by male slaveholders and other
      white men.



      The exact number of Native Americans who were enslaved is unknown
      because vital statistics and census reports were at best
      infrequent. Andrés Reséndez estimates that between 147,000 and
      340,000 Native Americans were enslaved in North America, excluding
      Mexico. Linford Fisher's estimates 2.5 million to 5.5 million Natives
      enslaved in the entire Americas. Even though records became more
      reliable in the later colonial period, Native American slaves received
      little to no mention, or they were classed with African slaves with no
      distinction. For example, in the case of "Sarah Chauqum of Rhode
      Island", her master listed her as mulatto in the bill of sale to
      Edward Robinson, but she won her freedom by asserting her Narragansett
      identity.



      Little is known about Native Americans that were forced into labor.
      Two myths have complicated the history of Native American slavery:
      that Native Americans were undesirable as servants, and that Native
      Americans were exterminated or pushed out after King Philip's War. The
      precise legal status for some Native Americans is at times difficult
      to establish, as involuntary servitude and slavery were poorly defined
      in 17th-century British America. Some masters asserted ownership over
      the children of Native American servants, seeking to turn them into
      slaves. The historical uniqueness of slavery in America is that
      European settlers drew a rigid line between insiders, "people like
      themselves who could never be enslaved", and nonwhite outsiders,
      "mostly Africans and Native Americans who could be enslaved". A unique
      feature between natives and colonists was that colonists gradually
      asserted sovereignty over the native inhabitants during the
      seventeenth century, ironically transforming them into subjects with
      collective rights and privileges that Africans could not enjoy. The
      West Indies developed as plantation societies prior to the Chesapeake
      Bay region and had a demand for labor.



      In the Spanish colonies, the church assigned Spanish surnames to
      Native Americans and recorded them as servants rather than slaves.
      Many members of Native American tribes in the Western United States
      were taken for life as slaves. In some cases, courts served as
      conduits for enslavement of Indians, as evidenced by the enslavement
      of the Hopi man Juan Suñi in 1659 by a court in Santa Fe for theft of
      food and trinkets from the governor's mansion. In the East, Native
      Americans were recorded as slaves.




      The colonial legislation from Virginia from 1705 quoted above, in particular, argues that Europeans could not generally be enslaved in Virginia, although the distinction was formally religious rather than racial and hence, could have authorized Jewish slavery in Virginia (there were almost no Jews in England in the colonial era because they were exiled from Britain at one point). The religious aspect also had a caveat omitted in the quote from the 1705 legislation from Virginia above:




      all servants imported and brought into the Country... who were not
      christians in their native country, (except... Turks and Moors in
      amity with her majesty, and others that can make due proof of their
      being free in England, or any other christian country, before they
      were shipped...)
      shall be accounted and be slaves, and such be here
      bought and sold notwithstanding a conversion to christianity
      afterward.




      Also not unrelated is the fact that early attempts to use indentured servants and hired farm hands of European descent in the American Southeast were not very successful because the mortality and disease rates of these servants, especially due to mosquito born diseases to which they had little natural immunity, was so significantly greater than that of African descent slaves who had some natural immunity to these diseases, making white slavery an economically unattractive institution to establish.



      Periodic rounds of "moral panic" related to the nebulous and often not very well grounded fear of white slavery that has recurred throughout U.S. history at regular intervals also argues for the racialized nature of the institution in the U.S. and its predecessor British colonies.



      In sum, there is very good reason to believe that it was never possible to sell oneself into slavery in the United States or in the British colonies that preceded it, even though it is hard to prove that point definitively.




      was legally enslaving a free, willing US resident or immigrant legally
      impossible by any means or was this simply something that was not done
      for social or practical reasons?




      I do not believe that this was expressly provided for by statute, but most law at the time was common law rooted in British case law anyway, which makes distinguishing between something that was "legally impossible" and something "that was not done for social or practical reasons" harder to distinguish in common law jurisdictions than in civil law jurisdictions based upon continental Europe.



      Colonies of Civil Law Countries



      I am less confident of the status of this possibility in the case of Dutch or Spanish or French colonies in North America.



      I know from historical accounts of French North America that slavery, while it existed, was much less racialized with a significant community of free people of color.



      And, all three of those countries had legal systems with their roots in Roman law that was "received" by these countries in the early modern era basically when political leaders as the Middle Ages started to fade away, started to use Roman legal treatises to justify their resolutions of disputes without formally adopting this as a positive source of law (the Netherlands is a bit more muddled as it was also a major participant in the home grown institution called the "law merchant" devised by merchants serving as arbitrators, especially in disputes between merchants, some of which ended up influencing British common law). Anyway, in these countries, Roman legal sources that recognized the concept of selling yourself into slavery would have been available and could have been considered good law.



      Also, because these countries, especially Spain and France, had much less of a vibrant commercial tradition in the early modern period, it is quite likely that the institution of bankruptcy that developed comparatively early in Britain came later there, potentially necessitating a way to settle debts that could not be discharged and which might otherwise burden descendants (many places in continental Europe had descendants liable for the debts of their ancestors into the early modern period).



      So, if it were ever possible to sell oneself into slavery at all in North American history, in what ultimately became the United States, it probably happened in French North America, former Spanish colonies, or in Dutch Manhattan, with the first two probably much more likely to have occurred than the last one.



      Even there, however, I cannot think of a single historical or literary account that recognizes even one example of such a transition in personal status. A short account of French slavery law also provides no precedent for anything remotely similar to this practice. This is particularly notable since the French apparently largely borrowed from Dutch and Spanish practice.



      In Pre-Colonial America



      The possibility of selling oneself into slavery did exist in the legal and cultural circumstances of some Native American tribes in North America, where the institution was less like the chattel slavery of the early English slave traders. As explained at the link above:




      Many Native American tribes practiced some form of slavery before the
      European introduction of African slavery into North America.



      Native American groups often enslaved war captives whom they primarily
      used for small-scale labor. Others however would stake themselves in
      gambling situations when they had nothing else which would put them
      into servitude for a short time in some cases for life; captives were
      also sometimes tortured as part of religious rites, and these
      sometimes involved ritual cannibalism. During times of famine some
      Native Americans would also temporarily sell their children to obtain
      food... Several tribes held captives as hostages for payment. Various
      tribes also practiced debt slavery or imposed slavery on tribal
      members who had committed crimes; full tribal status would be restored
      as the enslaved worked off their obligations to the tribal society.
      Obtaining prisoners was also a strong interest for Native American
      warriors as for the qualification of being considered brave this was
      especially an interest of male warriors in various tribes. Other
      slave-owning tribes of North America included Comanche of Texas, the
      Creek of Georgia; the fishing societies, such as the Yurok, who lived
      in Northern California; the Pawnee, and the Klamath.




      Self-enslavement seems to go hand in hand with slavery not having a strong racial component.






      share|improve this answer



























        3












        3








        3







        In British colonies and their successors



        It is hard to prove a negative, but in the British colonies and their successors, I believe that the answer was probably no.



        Indentured servitude came close to the concept of selling oneself into slavery, although for a fixed term of years. And, the 13th Amendment recognizes the possibility that slavery could be a punishment for a criminal offense, although I've never heard of any instances in which this actually was a punishment for a criminal offense (although the equivalent of indentured servitude was a punishment in some cases) outside on case from 1659 in what is now New Mexico but then was part of Old Mexico, mentioned below.



        I've also never heard of even a single instance of someone selling themselves into slavery in the U.S., despite being a fairly avid history buff who minored in history in college.



        Another piece of circumstantial evidence that argues against the existence of a mechanism for selling yourself into slavery is the fact that the U.S. Constitution, all the way back in 1789, already provided for, as a basic function of government, for bankruptcy, and the institution of bankruptcy was one with long British law antecedents that existed in the American colonies as well. Likewise, the U.S. Constitution also prohibited punishments involving a "corruption of blood" which held descendants responsible for the acts of their ancestors even if those acts amounted to treason.



        Self-enslavement for "honor" is very akin to a feudal oath of fealty, which was strongly rejected as part of the Independence movement of the United States including language in the 1789 U.S. Constitution, and it was also an institution that never had much currency in the Americas because many of the early colonies were of a corporate or religious nature, rather than an aristocratic one, unlike many early Spanish colonies.



        These historical circumstances eliminated the main circumstances motivating historical examples of an institution of submitting oneself to slavery.



        Another historical fact that strongly argues against there being an institution of selling oneself in slavery was the strongly racialized nature of slavery in British colonies and their successors. Indentured servitude was for white people, slavery was for black people, and there really wasn't much of a cultural or conceptual need for mix up these two models. Doing so would have undermined a cultural axiom of racial supremacy which was important to sustaining slavery as an institution in the United States.



        This may also be a reason that there was not a strong institution of enslaving either European descent or Native American prisoners of war in North America, even though some Native Americans were enslaved on a more ad hoc basis by people of European descent. If I recall correctly, early attempts to enslave Native Americans were also not very successful as an economic proposition for the would be slavers, for whatever reasons, further racializing slavery as an institution in North America largely limited to people of African descent. The discussion at the link above illustrates the parameters of the situation:




        When Europeans arrived as colonists in North America, Native Americans
        changed their practice of slavery dramatically. Native Americans began
        selling war captives to Europeans rather than integrating them into
        their own societies as they had done before. As the demand for labor
        in the West Indies grew with the cultivation of sugar cane, Europeans
        enslaved Native Americans for the Thirteen Colonies, and some were
        exported to the "sugar islands." The British settlers, especially
        those in the southern colonies, purchased or captured Native Americans
        to use as forced labor in cultivating tobacco, rice, and indigo.
        Accurate records of the numbers enslaved do not exist. Scholars
        estimate tens of thousands of Native Americans may have been enslaved
        by the Europeans, being sold by Native Americans themselves or
        European men.



        Slaves became a caste of people who were foreign to the English
        (Native Americans, Africans and their descendants) and non-Christians.
        The Virginia General Assembly defined some terms of slavery in 1705:



        All servants imported and brought into the Country ... who were not
        Christians in their native Country ... shall be accounted and be
        slaves. All Negro, mulatto and Indian slaves within this dominion ...
        shall be held to be real estate. If any slave resists his master ...
        correcting such slave, and shall happen to be killed in such
        correction ... the master shall be free of all punishment ... as if
        such accident never happened.



        — Virginia General Assembly declaration, 1705.



        The slave trade of Native Americans lasted only until around 1730. It
        gave rise to a series of devastating wars among the tribes, including
        the Yamasee War. The Indian Wars of the early 18th century, combined
        with the increasing importation of African slaves, effectively ended
        the Native American slave trade by 1750. Colonists found that Native
        American slaves could easily escape, as they knew the country. The
        wars cost the lives of numerous colonial slave traders and disrupted
        their early societies. The remaining Native American groups banded
        together to face the Europeans from a position of strength. Many
        surviving Native American peoples of the southeast strengthened their
        loose coalitions of language groups and joined confederacies such as
        the Choctaw, the Creek, and the Catawba for protection.



        Native American women were at risk for rape whether they were enslaved
        or not; during the early colonial years, settlers were
        disproportionately male. They turned to Native women for sexual
        relationships. Both Native American and African enslaved women
        suffered rape and sexual harassment by male slaveholders and other
        white men.



        The exact number of Native Americans who were enslaved is unknown
        because vital statistics and census reports were at best
        infrequent. Andrés Reséndez estimates that between 147,000 and
        340,000 Native Americans were enslaved in North America, excluding
        Mexico. Linford Fisher's estimates 2.5 million to 5.5 million Natives
        enslaved in the entire Americas. Even though records became more
        reliable in the later colonial period, Native American slaves received
        little to no mention, or they were classed with African slaves with no
        distinction. For example, in the case of "Sarah Chauqum of Rhode
        Island", her master listed her as mulatto in the bill of sale to
        Edward Robinson, but she won her freedom by asserting her Narragansett
        identity.



        Little is known about Native Americans that were forced into labor.
        Two myths have complicated the history of Native American slavery:
        that Native Americans were undesirable as servants, and that Native
        Americans were exterminated or pushed out after King Philip's War. The
        precise legal status for some Native Americans is at times difficult
        to establish, as involuntary servitude and slavery were poorly defined
        in 17th-century British America. Some masters asserted ownership over
        the children of Native American servants, seeking to turn them into
        slaves. The historical uniqueness of slavery in America is that
        European settlers drew a rigid line between insiders, "people like
        themselves who could never be enslaved", and nonwhite outsiders,
        "mostly Africans and Native Americans who could be enslaved". A unique
        feature between natives and colonists was that colonists gradually
        asserted sovereignty over the native inhabitants during the
        seventeenth century, ironically transforming them into subjects with
        collective rights and privileges that Africans could not enjoy. The
        West Indies developed as plantation societies prior to the Chesapeake
        Bay region and had a demand for labor.



        In the Spanish colonies, the church assigned Spanish surnames to
        Native Americans and recorded them as servants rather than slaves.
        Many members of Native American tribes in the Western United States
        were taken for life as slaves. In some cases, courts served as
        conduits for enslavement of Indians, as evidenced by the enslavement
        of the Hopi man Juan Suñi in 1659 by a court in Santa Fe for theft of
        food and trinkets from the governor's mansion. In the East, Native
        Americans were recorded as slaves.




        The colonial legislation from Virginia from 1705 quoted above, in particular, argues that Europeans could not generally be enslaved in Virginia, although the distinction was formally religious rather than racial and hence, could have authorized Jewish slavery in Virginia (there were almost no Jews in England in the colonial era because they were exiled from Britain at one point). The religious aspect also had a caveat omitted in the quote from the 1705 legislation from Virginia above:




        all servants imported and brought into the Country... who were not
        christians in their native country, (except... Turks and Moors in
        amity with her majesty, and others that can make due proof of their
        being free in England, or any other christian country, before they
        were shipped...)
        shall be accounted and be slaves, and such be here
        bought and sold notwithstanding a conversion to christianity
        afterward.




        Also not unrelated is the fact that early attempts to use indentured servants and hired farm hands of European descent in the American Southeast were not very successful because the mortality and disease rates of these servants, especially due to mosquito born diseases to which they had little natural immunity, was so significantly greater than that of African descent slaves who had some natural immunity to these diseases, making white slavery an economically unattractive institution to establish.



        Periodic rounds of "moral panic" related to the nebulous and often not very well grounded fear of white slavery that has recurred throughout U.S. history at regular intervals also argues for the racialized nature of the institution in the U.S. and its predecessor British colonies.



        In sum, there is very good reason to believe that it was never possible to sell oneself into slavery in the United States or in the British colonies that preceded it, even though it is hard to prove that point definitively.




        was legally enslaving a free, willing US resident or immigrant legally
        impossible by any means or was this simply something that was not done
        for social or practical reasons?




        I do not believe that this was expressly provided for by statute, but most law at the time was common law rooted in British case law anyway, which makes distinguishing between something that was "legally impossible" and something "that was not done for social or practical reasons" harder to distinguish in common law jurisdictions than in civil law jurisdictions based upon continental Europe.



        Colonies of Civil Law Countries



        I am less confident of the status of this possibility in the case of Dutch or Spanish or French colonies in North America.



        I know from historical accounts of French North America that slavery, while it existed, was much less racialized with a significant community of free people of color.



        And, all three of those countries had legal systems with their roots in Roman law that was "received" by these countries in the early modern era basically when political leaders as the Middle Ages started to fade away, started to use Roman legal treatises to justify their resolutions of disputes without formally adopting this as a positive source of law (the Netherlands is a bit more muddled as it was also a major participant in the home grown institution called the "law merchant" devised by merchants serving as arbitrators, especially in disputes between merchants, some of which ended up influencing British common law). Anyway, in these countries, Roman legal sources that recognized the concept of selling yourself into slavery would have been available and could have been considered good law.



        Also, because these countries, especially Spain and France, had much less of a vibrant commercial tradition in the early modern period, it is quite likely that the institution of bankruptcy that developed comparatively early in Britain came later there, potentially necessitating a way to settle debts that could not be discharged and which might otherwise burden descendants (many places in continental Europe had descendants liable for the debts of their ancestors into the early modern period).



        So, if it were ever possible to sell oneself into slavery at all in North American history, in what ultimately became the United States, it probably happened in French North America, former Spanish colonies, or in Dutch Manhattan, with the first two probably much more likely to have occurred than the last one.



        Even there, however, I cannot think of a single historical or literary account that recognizes even one example of such a transition in personal status. A short account of French slavery law also provides no precedent for anything remotely similar to this practice. This is particularly notable since the French apparently largely borrowed from Dutch and Spanish practice.



        In Pre-Colonial America



        The possibility of selling oneself into slavery did exist in the legal and cultural circumstances of some Native American tribes in North America, where the institution was less like the chattel slavery of the early English slave traders. As explained at the link above:




        Many Native American tribes practiced some form of slavery before the
        European introduction of African slavery into North America.



        Native American groups often enslaved war captives whom they primarily
        used for small-scale labor. Others however would stake themselves in
        gambling situations when they had nothing else which would put them
        into servitude for a short time in some cases for life; captives were
        also sometimes tortured as part of religious rites, and these
        sometimes involved ritual cannibalism. During times of famine some
        Native Americans would also temporarily sell their children to obtain
        food... Several tribes held captives as hostages for payment. Various
        tribes also practiced debt slavery or imposed slavery on tribal
        members who had committed crimes; full tribal status would be restored
        as the enslaved worked off their obligations to the tribal society.
        Obtaining prisoners was also a strong interest for Native American
        warriors as for the qualification of being considered brave this was
        especially an interest of male warriors in various tribes. Other
        slave-owning tribes of North America included Comanche of Texas, the
        Creek of Georgia; the fishing societies, such as the Yurok, who lived
        in Northern California; the Pawnee, and the Klamath.




        Self-enslavement seems to go hand in hand with slavery not having a strong racial component.






        share|improve this answer















        In British colonies and their successors



        It is hard to prove a negative, but in the British colonies and their successors, I believe that the answer was probably no.



        Indentured servitude came close to the concept of selling oneself into slavery, although for a fixed term of years. And, the 13th Amendment recognizes the possibility that slavery could be a punishment for a criminal offense, although I've never heard of any instances in which this actually was a punishment for a criminal offense (although the equivalent of indentured servitude was a punishment in some cases) outside on case from 1659 in what is now New Mexico but then was part of Old Mexico, mentioned below.



        I've also never heard of even a single instance of someone selling themselves into slavery in the U.S., despite being a fairly avid history buff who minored in history in college.



        Another piece of circumstantial evidence that argues against the existence of a mechanism for selling yourself into slavery is the fact that the U.S. Constitution, all the way back in 1789, already provided for, as a basic function of government, for bankruptcy, and the institution of bankruptcy was one with long British law antecedents that existed in the American colonies as well. Likewise, the U.S. Constitution also prohibited punishments involving a "corruption of blood" which held descendants responsible for the acts of their ancestors even if those acts amounted to treason.



        Self-enslavement for "honor" is very akin to a feudal oath of fealty, which was strongly rejected as part of the Independence movement of the United States including language in the 1789 U.S. Constitution, and it was also an institution that never had much currency in the Americas because many of the early colonies were of a corporate or religious nature, rather than an aristocratic one, unlike many early Spanish colonies.



        These historical circumstances eliminated the main circumstances motivating historical examples of an institution of submitting oneself to slavery.



        Another historical fact that strongly argues against there being an institution of selling oneself in slavery was the strongly racialized nature of slavery in British colonies and their successors. Indentured servitude was for white people, slavery was for black people, and there really wasn't much of a cultural or conceptual need for mix up these two models. Doing so would have undermined a cultural axiom of racial supremacy which was important to sustaining slavery as an institution in the United States.



        This may also be a reason that there was not a strong institution of enslaving either European descent or Native American prisoners of war in North America, even though some Native Americans were enslaved on a more ad hoc basis by people of European descent. If I recall correctly, early attempts to enslave Native Americans were also not very successful as an economic proposition for the would be slavers, for whatever reasons, further racializing slavery as an institution in North America largely limited to people of African descent. The discussion at the link above illustrates the parameters of the situation:




        When Europeans arrived as colonists in North America, Native Americans
        changed their practice of slavery dramatically. Native Americans began
        selling war captives to Europeans rather than integrating them into
        their own societies as they had done before. As the demand for labor
        in the West Indies grew with the cultivation of sugar cane, Europeans
        enslaved Native Americans for the Thirteen Colonies, and some were
        exported to the "sugar islands." The British settlers, especially
        those in the southern colonies, purchased or captured Native Americans
        to use as forced labor in cultivating tobacco, rice, and indigo.
        Accurate records of the numbers enslaved do not exist. Scholars
        estimate tens of thousands of Native Americans may have been enslaved
        by the Europeans, being sold by Native Americans themselves or
        European men.



        Slaves became a caste of people who were foreign to the English
        (Native Americans, Africans and their descendants) and non-Christians.
        The Virginia General Assembly defined some terms of slavery in 1705:



        All servants imported and brought into the Country ... who were not
        Christians in their native Country ... shall be accounted and be
        slaves. All Negro, mulatto and Indian slaves within this dominion ...
        shall be held to be real estate. If any slave resists his master ...
        correcting such slave, and shall happen to be killed in such
        correction ... the master shall be free of all punishment ... as if
        such accident never happened.



        — Virginia General Assembly declaration, 1705.



        The slave trade of Native Americans lasted only until around 1730. It
        gave rise to a series of devastating wars among the tribes, including
        the Yamasee War. The Indian Wars of the early 18th century, combined
        with the increasing importation of African slaves, effectively ended
        the Native American slave trade by 1750. Colonists found that Native
        American slaves could easily escape, as they knew the country. The
        wars cost the lives of numerous colonial slave traders and disrupted
        their early societies. The remaining Native American groups banded
        together to face the Europeans from a position of strength. Many
        surviving Native American peoples of the southeast strengthened their
        loose coalitions of language groups and joined confederacies such as
        the Choctaw, the Creek, and the Catawba for protection.



        Native American women were at risk for rape whether they were enslaved
        or not; during the early colonial years, settlers were
        disproportionately male. They turned to Native women for sexual
        relationships. Both Native American and African enslaved women
        suffered rape and sexual harassment by male slaveholders and other
        white men.



        The exact number of Native Americans who were enslaved is unknown
        because vital statistics and census reports were at best
        infrequent. Andrés Reséndez estimates that between 147,000 and
        340,000 Native Americans were enslaved in North America, excluding
        Mexico. Linford Fisher's estimates 2.5 million to 5.5 million Natives
        enslaved in the entire Americas. Even though records became more
        reliable in the later colonial period, Native American slaves received
        little to no mention, or they were classed with African slaves with no
        distinction. For example, in the case of "Sarah Chauqum of Rhode
        Island", her master listed her as mulatto in the bill of sale to
        Edward Robinson, but she won her freedom by asserting her Narragansett
        identity.



        Little is known about Native Americans that were forced into labor.
        Two myths have complicated the history of Native American slavery:
        that Native Americans were undesirable as servants, and that Native
        Americans were exterminated or pushed out after King Philip's War. The
        precise legal status for some Native Americans is at times difficult
        to establish, as involuntary servitude and slavery were poorly defined
        in 17th-century British America. Some masters asserted ownership over
        the children of Native American servants, seeking to turn them into
        slaves. The historical uniqueness of slavery in America is that
        European settlers drew a rigid line between insiders, "people like
        themselves who could never be enslaved", and nonwhite outsiders,
        "mostly Africans and Native Americans who could be enslaved". A unique
        feature between natives and colonists was that colonists gradually
        asserted sovereignty over the native inhabitants during the
        seventeenth century, ironically transforming them into subjects with
        collective rights and privileges that Africans could not enjoy. The
        West Indies developed as plantation societies prior to the Chesapeake
        Bay region and had a demand for labor.



        In the Spanish colonies, the church assigned Spanish surnames to
        Native Americans and recorded them as servants rather than slaves.
        Many members of Native American tribes in the Western United States
        were taken for life as slaves. In some cases, courts served as
        conduits for enslavement of Indians, as evidenced by the enslavement
        of the Hopi man Juan Suñi in 1659 by a court in Santa Fe for theft of
        food and trinkets from the governor's mansion. In the East, Native
        Americans were recorded as slaves.




        The colonial legislation from Virginia from 1705 quoted above, in particular, argues that Europeans could not generally be enslaved in Virginia, although the distinction was formally religious rather than racial and hence, could have authorized Jewish slavery in Virginia (there were almost no Jews in England in the colonial era because they were exiled from Britain at one point). The religious aspect also had a caveat omitted in the quote from the 1705 legislation from Virginia above:




        all servants imported and brought into the Country... who were not
        christians in their native country, (except... Turks and Moors in
        amity with her majesty, and others that can make due proof of their
        being free in England, or any other christian country, before they
        were shipped...)
        shall be accounted and be slaves, and such be here
        bought and sold notwithstanding a conversion to christianity
        afterward.




        Also not unrelated is the fact that early attempts to use indentured servants and hired farm hands of European descent in the American Southeast were not very successful because the mortality and disease rates of these servants, especially due to mosquito born diseases to which they had little natural immunity, was so significantly greater than that of African descent slaves who had some natural immunity to these diseases, making white slavery an economically unattractive institution to establish.



        Periodic rounds of "moral panic" related to the nebulous and often not very well grounded fear of white slavery that has recurred throughout U.S. history at regular intervals also argues for the racialized nature of the institution in the U.S. and its predecessor British colonies.



        In sum, there is very good reason to believe that it was never possible to sell oneself into slavery in the United States or in the British colonies that preceded it, even though it is hard to prove that point definitively.




        was legally enslaving a free, willing US resident or immigrant legally
        impossible by any means or was this simply something that was not done
        for social or practical reasons?




        I do not believe that this was expressly provided for by statute, but most law at the time was common law rooted in British case law anyway, which makes distinguishing between something that was "legally impossible" and something "that was not done for social or practical reasons" harder to distinguish in common law jurisdictions than in civil law jurisdictions based upon continental Europe.



        Colonies of Civil Law Countries



        I am less confident of the status of this possibility in the case of Dutch or Spanish or French colonies in North America.



        I know from historical accounts of French North America that slavery, while it existed, was much less racialized with a significant community of free people of color.



        And, all three of those countries had legal systems with their roots in Roman law that was "received" by these countries in the early modern era basically when political leaders as the Middle Ages started to fade away, started to use Roman legal treatises to justify their resolutions of disputes without formally adopting this as a positive source of law (the Netherlands is a bit more muddled as it was also a major participant in the home grown institution called the "law merchant" devised by merchants serving as arbitrators, especially in disputes between merchants, some of which ended up influencing British common law). Anyway, in these countries, Roman legal sources that recognized the concept of selling yourself into slavery would have been available and could have been considered good law.



        Also, because these countries, especially Spain and France, had much less of a vibrant commercial tradition in the early modern period, it is quite likely that the institution of bankruptcy that developed comparatively early in Britain came later there, potentially necessitating a way to settle debts that could not be discharged and which might otherwise burden descendants (many places in continental Europe had descendants liable for the debts of their ancestors into the early modern period).



        So, if it were ever possible to sell oneself into slavery at all in North American history, in what ultimately became the United States, it probably happened in French North America, former Spanish colonies, or in Dutch Manhattan, with the first two probably much more likely to have occurred than the last one.



        Even there, however, I cannot think of a single historical or literary account that recognizes even one example of such a transition in personal status. A short account of French slavery law also provides no precedent for anything remotely similar to this practice. This is particularly notable since the French apparently largely borrowed from Dutch and Spanish practice.



        In Pre-Colonial America



        The possibility of selling oneself into slavery did exist in the legal and cultural circumstances of some Native American tribes in North America, where the institution was less like the chattel slavery of the early English slave traders. As explained at the link above:




        Many Native American tribes practiced some form of slavery before the
        European introduction of African slavery into North America.



        Native American groups often enslaved war captives whom they primarily
        used for small-scale labor. Others however would stake themselves in
        gambling situations when they had nothing else which would put them
        into servitude for a short time in some cases for life; captives were
        also sometimes tortured as part of religious rites, and these
        sometimes involved ritual cannibalism. During times of famine some
        Native Americans would also temporarily sell their children to obtain
        food... Several tribes held captives as hostages for payment. Various
        tribes also practiced debt slavery or imposed slavery on tribal
        members who had committed crimes; full tribal status would be restored
        as the enslaved worked off their obligations to the tribal society.
        Obtaining prisoners was also a strong interest for Native American
        warriors as for the qualification of being considered brave this was
        especially an interest of male warriors in various tribes. Other
        slave-owning tribes of North America included Comanche of Texas, the
        Creek of Georgia; the fishing societies, such as the Yurok, who lived
        in Northern California; the Pawnee, and the Klamath.




        Self-enslavement seems to go hand in hand with slavery not having a strong racial component.







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        ohwillekeohwilleke

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