Dictionary of Virginia Biography

Billy (fl. 1770s–1780s) was an enslaved African American born possibly about 1754, perhaps in Richmond County. In 1781 he was part of the estate of John Tayloe (1721–1779), a wealthy planter and member of the governor's Council. When Billy first came into Tayloe's possession is not known, and his parents and other relatives have not been identified.

Billy may have been the runaway enslaved worker sought in April 1774 by Thomas Lawson, Tayloe's iron agent at the Neabsco Furnace in Prince William County. Lawson placed a detailed newspaper advertisement to try to recover Billy, described as a former waiting boy, a skilled ironworker, a stonemason, and a miller. Lawson further depicted Billy as an ingenious twenty-year-old man who had the ability to gain "the good Graces of almost every Body who will listen." In 1782 Tayloe's estate included several men named Billy, making it impossible to determine whether the earlier runaway was the man tried for treason in 1781.

The Prince William County Court indicted "Billy, alias Will, alias William" for "feloniously and traitorously" waging war on 2 April 1781 from an armed vessel against the new state of Virginia. Many African Americans joined the British forces, who had offered freedom to enslaved persons willing to serve the Crown, although other Blacks actively supported the American cause. Billy pleaded not guilty and testified that he had been forced to board the vessel against his will and had never taken up arms on behalf of the British. On 8 May 1781, however, four of six Prince William County oyer and terminer judges convicted Billy of treason and sentenced him to hang. They placed his value at £27,000 current money.

 Within a week of the verdict Henry Lee (1729–1787) and William Carr, the two dissenting judges, and Mann Page, one of Tayloe's executors, argued to Governor Thomas Jefferson that an enslaved person, being a noncitizen, could not commit treason. Lee and Carr wrote that the enslaved "not being Admited 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 forfiet." Their argument about citizenship was very similar to one made on 19 March 1767 by Arthur Lee in his influential public letter on slavery directed to Virginia's legislators and published in William Rind's Virginia Gazette. In Billy's defense Henry Lee and William Carr also contested the evidence used against him. Billy received a gubernatorial reprieve until the end of June, and the legislature pardoned him on 14 June 1781. What happened to him after that is not known.

Billy's treason trial was neither the first nor the last such prosecution of a bondsman during the American Revolution. In Norfolk County in 1778 an enslaved worker named Bob faced charges of treason and robbery. Like Billy he pleaded not guilty but received the death sentence, and he may have been hanged. During the same period at least one other enslaved person, a man named Sancho, was found guilty of warlike action against the state and hanged, while still another, Jack, may have escaped execution. Similar judicial actions against supposed treason occurred during times of public peril. In the aftermath of Nat Turner's Rebellion, Southampton County justices in October 1831 heard the charge of treason against Jack and Shadrach, only to dismiss the charge tersely: "a slave cannot be tried in this court for Treason." This exemption of enslaved people from treason prosecutions appears to have prevailed in Virginia during the Civil War as well.

Billy made his mark on history because his trial forced white leaders to confront the logic of the peculiar institution. His case was doubly ironic. Enslaved, 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.

Official copies of trial record in Governor's Office, Letters Received, State Government Records Collection, Library of Virginia (LVA); Julian P. Boyd et al., eds., The Papers of Thomas Jefferson (1950–   ), 5:640–643; Mann Page request for pardon of "Will," 7 June 1781, Legislative Petitions, Prince William Co., State Government Records Collection,  Record Group 78, LVA; Personal Property Tax Returns, Richmond Co., 1782, Auditor of Public Accounts, Record Group 48, LVA; Williamsburg Virginia Gazette (Purdie and Dixon), 14 Apr. 1774; Philip J. Schwarz, Twice Condemned: Slaves and the Criminal Laws of Virginia, 1705–1865 (1988), 84–88, 188–189; Gerald W. Mullin, Flight and Rebellion: Slave Resistance in Eighteenth-Century Virginia (1972), 73, 75, 94, 107, 111.