The Journal of Negro History, Volume 8, 1923Various
History
The Journal of Negro History, Volume 8, 1923
Various
African Americans -- Periodicals
Just as the fugitive white servant repeatedly gave occasion, through
incidents growing out of his capture, return, and deterrence, to lower
the status of the servant until it assumed the character of slavery,
so the fugitive Negro servant made his lot harder and influenced the
extension of his term to perpetuity. The Negro servant, unlike either
the Indian or white servant, obviously had little to tempt him to run
away from his master; his physical characteristics made detection
easy, there was no free Negro population to which he could escape, the
unfamiliar country around him held but poor prospects for his making
a livelihood more easily than under his master, and the strangeness
of his situation undoubtedly had much to do with his acceptance of
it. Yet the Negro as a servant did run away. It is very probable
that the practice of running away to the Indians began when he was
a servant.[19] Again, it appears that he ran away not infrequently
in company with white servants. In Virginia, in 1640, John Punch, a
Negro servant, ran away in company with two white servants. The three
were overtaken in Maryland and brought back to Virginia for trial. The
court ordered that the white servants' terms be lengthened four years,
and that Punch, the Negro servant, "shall serve his master or his
assigns for the time of his natural life."[20]
The transition of servitude to slavery, moreover, is distinctly
noticed in the change in the conception of property in the service
of the Negro to that of property in his person.[21] Like that of the
white and Indian servants, the Negro's service through contract,
implied and expressed, was owned by the master. This ownership,
however, consisted of only the right of the master to the service of
the servant. Gradually, as this service necessarily became involved
in wills, estates, taxation, and business transactions, the person of
the servant instead of his service came more and more to be regarded,
both in custom and in law, as property, so that eventually the
servant, himself, was considered personal estate. Thus he was "rated
in inventories of estates, was transferable both _inter vivos_ and by
will, descended to the executors and administrators, and was taxable."
While he was now a "contractual person," he still retained such
incidents of personality as rights of limited protection, personal
freedom, and possession of property.[22] As the service of the servant
became more and more regarded and treated as a form of property, his
personality was completely lost sight of, and his term was extended
to the time of his natural life.[23] Easily, then, the Negro servant
regarded at first a part of the personal estate came at length to be
regarded as a chattel real.
T. R. DAVIS
WALDEN COLLEGE,
NASHVILLE, TENN.
FOOTNOTES:
[1] Ante, p. 266.
Public-domain text, read in full here on John Shaqi.
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