what started as a private disagreement, this monumental case in the young
American colonies would establish precedence for the clarity of indentured
servitude and all but end the notion of slavery for the Virginia Colony.
Anthony Johnson, a Black colonist who came to America in
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icon to follow us on Facebook.1619 as an indentured servant, one
from the first "20 and odd negroes", had realized his freedom and was
granted fifty acres as was customary in the colonial settlement. Through
"hard labor and known service" (as described in another, later legal
case), Anthony and his wife Mary had grown fairly wealthy with a farm of
250 acres. As part of this, he was able to take on five indentured
servants, one of whom was John Casor.
After several years of work, John determined that he had earned his
freedom and paid back his debts from being brought over to the colonies.
Anthony "was in a feare. Upon this his sonne in lawe, his wife and his two
sonnes perswaded the said Anthony Johnson to sett the said John Casor
free", which should have ended the matter. However, after a debilitating
fire on his plantation in 1653, Anthony sought to rebuild, and he needed
help of the servant he had given freedom. He took up a case against Robert
Parker, a neighboring White planter who had taken on John Casor as a hired
hand. In Johnson vs Parker, Anthony called for the return of Casor as well
as damages for having lost his "servant for life". After much
deliberation, it was determined that there was no paperwork in the matter
(having been lost or nonexistent, a possibility as Anthony Johnson was
illiterate), and that having one's word against another was a wobbly
groundwork for law in the colonies. A new story by Jeff ProvineA man would
not be a slave unless rigorously documented, which made indentured
servitude the much more viable option.
Casor remained a free man working under Parker while Anthony sold the
remainder of his farm and moved to Somerset County, where he would lease a
300-acre farm for ninety-nine years. Meanwhile, the influx of indentured
servants bolstered the expansion of the colony as each would be granted 50
acres upon their freedom. The Virginia Colony exploded with growth, and
soon other colonies would be founded, most emulating the anti-slave law,
though fewer would agree with the easy citizenship of Blacks, as granted
in another case concerning Anthony Johnson's land upon his death in 1670
in which his grandchildren were able to establish landowning rights.
Without slaves, it was argued, the building up of the colonies was slowed,
but modern historians disagree, stating that a firmer, wider population of
farmers maximized land use rather than plantations, as was seen in the
Free Soil movement of the mid-1800s. As part of the transitory period
between 1719 and 1729, South Carolina amended its laws to allow widespread
slavery, which was crucial to building its economy on rice-harvesting
since the skills of imported slaves were key to cultivation. In one of his
many fiery essays in 1775, Thomas Paine would publish "African Slavery in
America," a work condemning slavery in an age of enlightenment.
Anti-slavery became a key part of the movement for independence, which
would ignite the South, particularly South Carolina, in disagreement. The
matter would finally be solved by the war effort, promising freedom to
slaves who volunteered for the army and declaring restrictive masters to
be "Tories".
After several decades of growth, the United States would again be torn
apart by the Nullification Crisis over the Tariff of 1828 (also known as
the "Tariff of Abominations" by detractors). The question of central
federal power over states' rights in confederation again was raised forty
years after the Constitution had replaced the Articles of Confederation.
South Carolina led the charge in declaring "nullification" rights and was
followed by the agricultural states of the South. President Andrew Jackson
and his preparedness for a fight led to the fast-moving Civil War with
U.S. Army troops collecting taxes while defeating opposing militias. Fear
of overwhelming federal power struck the country, but, upon Martin Van
Buren's election in 1836 near the closing days of the war, the nation came
back together.
Although the United States was one of the earliest modern nations to
abolish slavery, racial tensions would continue through the nineteenth
century. Gradually through the work of conferences, African Americans and
even women would be granted full rights and non-restricted votes by the
turn of the twentieth century.