So when faced with the question of whether enslaved people could negotiate any aspect of their lives with their enslavers, the prospect seems hard to imagine. With power stacked so overwhelmingly against them, what could the enslaved negotiate for—and with what leverage? How could an enslaver concede even small favor to one, while maintaining fear and order among the broader ranks? The reality was complicated: In navigating lives of privation and brutality, enslaved people haggled, often daily, for liberties small and large, from rare personal time to less harsh treatment for themselves or family members, even to being set free.
The case of Sally Hemings and America’s third president Thomas Jefferson shines a light on this little-discussed aspect of America’s “peculiar institution.” Hemings’ story is an extraordinary one—since it chronicles not only a 16-year-old enslaved girl who had the life experience and presence of mind to negotiate for her unborn children’s future freedom, but a founding father whose complex moral code moved him to honor his agreement with a woman he enslaved for decades.
Sally Hemings Knew the Value of Women's Bodies
Hemings was Jefferson’s concubine, a woman who bore him six children, of whom four survived. Hemings’ role was to attend to Jefferson’s clothing and his chamber, which probably brought her into the main house often—and in very close proximity to Jefferson and his bed.
According to written accounts from their son Madison, Hemings accompanied the Jeffersons to France starting in 1787, when she was 14 years old. There she enjoyed certain privileges and saw the kind of freedom she wanted for herself and her future children. Thus, when Jefferson asked her to return with him to Virginia two and a half years later, she refused. It was possible for an enslaved person residing in France to sue for their freedom, since American slavery laws were not recognized or upheld there.
It’s unclear whether Hemings’ refusal was an overt bargaining chip or not, notes historian Annette Gordon-Reed of Harvard, who has written extensively of the Jefferson-Hemings relationship. Hemings was 16 and pregnant with his child. But Jefferson made a “solemn pledge” to her that if she returned, she would be granted “extraordinary privileges” and their children would be freed at age 21. Madison Hemings described their agreement as a “treaty.”
Even as a young expectant mother, Hemings understood the importance of her “future increase”—the term traders used in valuing unborn children. Childbearing mothers held different sets of monetary values than other women, based on their capacity to give birth to healthy children. Enslavers brokered deals for enslaved women based on projections of future breeding capacity. They questioned, examined, touched and did all they could to determine whether they were purchasing fertile women.
That Hemings understood this at age 16 is not surprising. By age five or six, most enslaved children had witnessed or even experienced family separation. Their parents often raised them to understand that their bodies were viewed as commodities, despite their humanity. Most young girls approaching puberty knew that their bodies were the focus of financial calculations, negotiations and under-the-table deals. So Hemings’ response to Jefferson’s proposal confirms that enslaved women and girls used what little leverage they had to carve out a better place for their future children. It’s likely she knew that her own mother had made a similar calculation, having been engaged in a long-term concubine relationship with Jefferson’s father-in-law John Wayles. (Hemings was reportedly a half-sister to Jefferson’s wife Martha, a fact that may have influenced his favorable treatment toward her.)
Navigating a Life of Slavery Took Resistance—and Negotiation
In order to understand the deal Hemings struck with Jefferson, nearly 230 years ago, it is useful to look at how other enslaved people negotiated small pockets of freedom within the institution—keeping in mind that the U.S. system of chattel slavery was in no way benign. Revolving as it did around crops, labor, land, domination, power and capital, it was an institution that exploited the labor—and disrupted the families—of those enslaved. Yet it was also an institution where people interacted with one another on a daily basis to discuss labor assignments, work incentives, food rations, disciplinary action, family visitation, geographic mobility and a host of other topics.
Enslaved people like Hemings learned how to operate within the system’s unending stream of delicate daily negotiations. Not that it was easy. They experienced few, if any, freedoms—and barely any room to exercise their personhood. Enslavers used an array of violent and manipulative tactics to make people work for them, most commonly the whip and the threat of sale and family separation. Many enslaved people resorted to acts of resistance, large and small. They liberated themselves by running away; they faked ignorance to avoid certain kinds of work; they broke tools and stole weapons; they took food to supplement meager diets; they became literate to write passes. Some turned to violence: rebellion, arson, poisoning and even murdering those who kept them in bondage.
But they also had direct transactional conversations with their enslavers and overseers, where they negotiated to carve out precious moments of liberty with the hopes of eventually becoming free.