Billy (born ) was an
enslaved man from
Virginia who was charged with
treason during the
American Revolution.
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 racial classification to refer to people of mixed African and European ancestry. Its use is considered outdated and offensive in several languages, including English and Dutch, whereas in languages such as Spanish and Portuguese is ...
" 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 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. This was not an uncommon accusation during this time period, as many slaves 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 the Loyalists during the American Revolutionary War. In particular, the term refers to men who escaped enslavement by Patriot masters and served on the Loyalist side because of the Cro ...
); however, Billy argued that he had been forced on to 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, then
Governor of Virginia, to appeal for
clemency. Lee and Carr felt that a slave "not being Admitted to the Privileges
icof 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 temporary reprieve and Billy was officially
pardoned
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 ju ...
by the state legislature 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 slaves 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" 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
Year of death unknown
Place of death unknown
Date of death unknown
Place of birth unknown
Date of birth unknown
18th-century American slaves
African Americans in the American Revolution
Prisoners sentenced to death by Virginia
Recipients of American gubernatorial pardons
People convicted of treason against the United States