The Journal of Negro History, Volume 8, 1923Various
History
The Journal of Negro History, Volume 8, 1923
Various
African Americans -- Periodicals
The greatest abuses in servitude occurred in the punishment of
fugitive servants. These abuses, moreover, gradually increased in
number and intensified in character.[41] The expense of the servant's
capture, return, and loss of time from work, and the desire to prevent
running away led to stringent punishment and evident abuses.[42] In
Virginia before 1643, some runaways were punished with "additional
terms from two to seven years, served in irons, to the public."[43]
The act of 1643 in Virginia provided that runaways from their
"master's service shall be lyable to make satisfaction by service at
the end of their tymes by indenture (vizt.) double the tyme of service
soe neglected, and in some cases more if the commissioners ... find it
requisite and convenient."[44] The laws of 1639 and of 1641-42 made
running away in Maryland punishable with death, but the proprietor or
governor could commute this penalty to servitude of seven years or
less.[45] Corporal punishment, too, scathed the fugitives.[46]
Plainly, then, the fugitive servant tended to assimilate the status of
the servant to that of the slave and tended to become mere property.
The servant could be transferred as property from one person to
another, for from the beginning his services were bought and sold. The
custom of purchasing and disposing of apprentices and servants was
early practiced in Virginia and out of this practice grew the more
definite and far-reaching custom of signing the servant's contract.
Begun in 1623, it was resented by servants and deprecated by England;
and yet with no question of its legality, the selling of servants'
time became a common practice.[47] Later on, upon securing the servant
in England, the indenture was often made out to the shipmaster or his
assigns, and the servant was sold by him to the planters in America.
To sell the servants, merchants were sometimes invited on board the
ship, where they could look over the human cargo and select those who
were desirable. Often it happened that the servants were brought over
without indentures. They were made to believe that their lot would
be made easy by the master who would buy them.[48] These, too, were
sold by the captain to the highest bidder.[49] That the servants
were dealt with in this way eventually made the indentures as a rule
negotiable, and this led to further degradation of the servants'
status. The theory that the servant's time was property was tenable
as late as 1756 in Virginia, Maryland, and Pennsylvania, for during
the war with the French and Indians, when the governments and officers
were recruiting the servants of the masters, the masters protested,
resisted, and won.[50]
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