The Journal of Negro History, Volume 8, 1923Various
History
The Journal of Negro History, Volume 8, 1923
Various
African Americans -- Periodicals
As a general rule, every advantage was taken of the servant by the
servant-dealers and masters. Opportunity to hold the servant longer
than the period allowed by law or to extend his service was not
infrequently seized upon, for the laxity of the system and the need
of labor in the colonies made this a natural consequence. During the
first period of servitude, the term of service in many cases was not
prescribed in the indentures; and sometimes servants were brought
over without indentures, or with only verbal contracts.[11] Thus
trouble about the length of their term of service arose, especially
in connection with the servants who did not have indentures.
Circumstances indicate that in the interpretation of law and the
facts, the master generally triumphed.[12] It was in 1638-39 that
Maryland took the first definite step to prevent unfair treatment of
servants by their masters. In 1654 it became necessary again to pass
a law determining the servant's age and length of service. Virginia
enacted similar measures in 1643 and 1657. Still, when the servants
were ignorant, "which was usually the case," or could not speak the
English language, the master took advantage of their shortcomings.[13]
Notwithstanding the repeated efforts of the courts and assembly to
protect the servant in his relation to the master, the lucrative
practice of extending a servant's term, which became customary in the
case of Indian and Negro servants, proved a significant factor in the
degradation of white servitude.
Under the system of servitude, the conduct of the servant necessarily
bore a close relation to the interests of the master. When the servant
stole, ran away, "unlawfully assembled" or "plotted," indulged in
fornication, spent unusual time in social intercourse, or was secretly
married, the master as a rule suffered some loss. And for protection
of the master, methods of punishment were resorted to, the character,
definiteness, and attendant circumstances of which tended to reduce
the servant to the status of a slave.
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