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Billy ( 1754 – 1785) was an enslaved man from
Virginia Virginia, officially the Commonwealth of Virginia, is a U.S. state, state in the Southeastern United States, Southeastern and Mid-Atlantic (United States), Mid-Atlantic regions of the United States between the East Coast of the United States ...
who was charged with
treason Treason is the crime of attacking a state (polity), state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to Coup d'état, overthrow its government, spy ...
during the
American Revolution The American Revolution (1765–1783) was a colonial rebellion and war of independence in which the Thirteen Colonies broke from British America, British rule to form the United States of America. The revolution culminated in the American ...
. He was pardoned in 1781 after a letter was written arguing that, as a slave, he was not a citizen and thus could not commit treason against a government to which he owed no allegiance.


Pre-trial life

Very little is known about Billy's life aside from his trial. He was likely born around 1754 and historians believe that he is possibly the same Billy that was enslaved by the wealthy planter John Tayloe II who had one of his employees place an advertisement about a runaway "
mulatto ( , ) is a Race (human categorization), racial classification that refers to people of mixed Sub-Saharan African, African and Ethnic groups in Europe, European ancestry only. When speaking or writing about a singular woman in English, the ...
" in 1774. In the advertisement, Tayloe's employee stated that Billy was a runaway slave and an extremely skilled worker. Historian Lathan A. Windley believes that during this time Billy purchased a forged pass with the intent to liberate himself by travelling to another state.


Trial

On April 2, 1781, Billy was
indicted An indictment ( ) is a formal accusation that a person has committed a crime. In jurisdictions that use the concept of felonies, the most serious criminal offense is a felony; jurisdictions that do not use that concept often use that of an indi ...
by the Prince William County Court for committing treasonous acts against the state of Virginia. Billy had been charged with joining the British forces aboard an armed vessel with the intent to fight against the colonies during the
American Revolutionary War The American Revolutionary War (April 19, 1775 – September 3, 1783), also known as the Revolutionary War or American War of Independence, was the armed conflict that comprised the final eight years of the broader American Revolution, in which Am ...
. This was not an uncommon accusation during this period, as many enslaved people had been promised their freedom in return for fighting for the British (see
Black Loyalists Black Loyalists were people of African descent who sided with Loyalist (American Revolution), Loyalists during the American Revolutionary War. In particular, the term referred to men enslaved by Patriot (American Revolution), Patriots who served ...
); however, Billy argued that he had been forced onto the ship and that he had never taken up arms. Despite this, Billy was convicted and sentenced to death by hanging. Two of the jury members, Henry Lee II and William Carr, along with Mann Page, argued against Billy's death sentence and wrote a letter to
Thomas Jefferson Thomas Jefferson (, 1743July 4, 1826) was an American Founding Fathers of the United States, Founding Father and the third president of the United States from 1801 to 1809. He was the primary author of the United States Declaration of Indepe ...
, then
Governor of Virginia The governor of the Commonwealth of Virginia is the head of government of the Commonwealth (U.S. state), Commonwealth of Virginia. The Governor (United States), governor is head of the Government_of_Virginia#Executive_branch, executive branch ...
, to appeal for
clemency A pardon is a government decision to allow a person to be relieved of some or all of the legal consequences resulting from a criminal conviction. A pardon may be granted before or after conviction for the crime, depending on the laws of the j ...
. Lee and Carr felt that an enslaved person "not being Admitted to the Priviledges of a Citizen owes the State No Allegiance and that the Act declaring what shall be treason cannot be intended by the Legislature to include slaves who have neither lands or other property to forfeit." Their actions were successful, as Jefferson granted Billy a reprieve and the state legislature officially
pardon A pardon is a government decision to allow a person to be relieved of some or all of the legal consequences resulting from a criminal conviction. A pardon may be granted before or after conviction for the crime, depending on the laws of the j ...
ed Billy on June 14. Nothing was written of what happened to Billy after he was pardoned.


Later reception

Lee and Carr's argument contrasted with previous, similar cases of enslaved people charged with treason. Historians H. J. Eckenrode and Philip J. Schwarz commented on the decision, with Eckenrode writing that this "was a new doctrine, fruit of Revolutionary
humanitarianism Humanitarianism is an ideology centered on the value of human life, whereby humans practice benevolent treatment and provide assistance to other humans to reduce suffering and improve the conditions of humanity for moral, altruistic, and emotion ...
" and Schwartz stating that "His case was doubly ironic. A slave, he was nevertheless tried for disobeying one of the laws of the commonwealth. Excluded from the protections conferred by citizenship, he was still shielded from execution because Virginia's law of treason could not logically apply to him."


Notes


References

{{DEFAULTSORT:Billy 1750s births 1780s deaths Place of death unknown Date of death unknown Place of birth unknown Date of birth unknown 18th-century American slaves Black Loyalists American prisoners sentenced to death People convicted of treason against a state of the United States People enslaved in Virginia Prisoners sentenced to death by Virginia Recipients of gubernatorial pardons in Virginia