Copyright, 1916
Colored Freemen as Slave Owners in Virginia[1]
Among the quaint old seventeenth century statutes of Virginia may be found the following significant enactment:
No negro or Indian though baptized and enjoyned their own freedome shall be capable of any purchase of Christians but yet not debarred from buying any of their owne nation.[2]
"Christians" in this act means persons of the white race. Indented servitude was the condition and status of no small part of the white population of Virginia when this law was enacted. While it is not a part of our purpose in this article to show that white servants were ever bound in servitude to colored masters, the inference from this prohibition upon the property rights of the free Negroes is that colored freemen had at least attempted to acquire white or "Christian" servants. In a revision of the law seventy-eight years later it was deemed necessary to retain the prohibition and to annex the provision that if any free Negro or mulatto "shall nevertheless presume to purchase a Christian white servant, such servant shall immediately become free."[3]
If we see in these laws nothing more than precautionary measures against a possible reversal of the usual order of white master and black servant to that of black master and white servant, they are nevertheless significant as commentaries on the extent of the remaining unimpaired property rights of black freemen. Only in the light of these prohibitions do we see the full significance of the last clause of the act which reads: "but yet not debarred from buying any of their owne nation."
With no evidence beyond this explicit admission in the written law of the right of free Negroes to own servants and slaves of their own race it could scarcely be doubted that there were in the colony colored men known to the framers of this law who held to service persons of their own race and color. But when the court records are opened and the strange story of the free Negro Anthony Johnson and his slave John Casor is read and understood we are forced to a realization of the impartial attitude of the law toward black masters not only in its outward expression but also in its actual application. The story of the relation of these two black settlers in the young colony is worth relating in the quaint language of the times word for word as it appears in the manuscript records.
The deposition of Capt. Samll. Goldsmyth taken in open court 8th of March [16]54 sayeth that being att ye house of Anth. Johnson Negro about ye beginning of November last to receive a Hogsd of tobac, a negro called Jno. Casor came to this depo[nen]t & told him yt hee came into Virginia for seaven or eight years of Indenture; yt hee had demanded his freedome of Antho. Johnson his mayster & further sd yt hee had kept him his serv[ant] seaven years longer than hee should or ought; and desired that this Depont would see yt hee might have noe wronge; whereupon your depont demanded of Anth. Johnson his Indenture. the sd Johnson answered hee never saw any. The negro Jno. Casor replyed when hee came in he had an Indenture. Anth. Johnson sd hee had ye Negro for his life, but Mr. Robert & George Parker sd they knewe that ye sd Negro had an Indenture in one Mr. S[andys?] hand on ye other side of ye Baye. Further sd Mr. Robert Parker & his Brother George sd (if the sd. Anth. Johnson did not let ye negro go free) the said negro Jno Casor would recover most of his Cows from him ye sd Johnson. Then Anth. Johnson (as this dep't. did suppose) was in a great feare.... Anth. Johnsons sonne in Law, his wife & his own two sonnes persuaded the old negro Anth. Johnson to sett the sd. Jno. Casor free ... more sth not.
Samll Goldsmyth.
Eight March Anno 1654.[4]
John Casor was not, however, permitted to enjoy long his freedom. Johnson decided to petition the county court to determine whether John Casor was a slave for life or a servant "for seven years of indenture." The court record of the suit is as follows:
Whereas complaint was this daye made to ye court by ye humble peticion of Anth. Johnson Negro ag[ains]t Mr. Robert Parker that hee detayneth one John Casor a Negro the plaintiffs Serv[an]t under pretense yt the sd Jno. Casor is a freeman the court seriously considering & maturely weighing ye premises doe fynd that ye sd Mr. Robert Parker most unrightly keepeth ye sd Negro John Casor from his r[igh]t mayster Anth. Johnson as it appeareth by ye Deposition of Capt. Samll Gold smith & many probable circumstances. be it therefore ye Judgement of ye court & ordered that ye sd Jno. Casor negro, shall forthwith bee turned into ye service of his sd master Anthony Johnson and that the sd Mr. Robert Parker make payment of all charges in the suite and execution.[5]