John Casor
Encyclopedia
John Casor a servant in Northampton County
in the Virginia Colony, in 1654 became the first person of African descent in the Thirteen Colonies
to be declared by the county court a slave
for life. In one of the earliest freedom suits
, Casor argued that he was an indentured servant
who had been forced to serve past his term. The court sustained the right of free blacks
to own slaves, and ordered Casor returned to his master for life.
origin living in the Virginia Colony, about 1% of an estimated 30,000 population. The first group of 20 or so came to Jamestown
in 1619 as indentured servant
s. After working out their contracts for passage money to Virginia, each was granted 50 acres (20.2 ha) of land when they completed their indentures, so they could raise their own tobacco
or other crops.
The colonial charter entitled English subjects and their children the rights of the common law, but people of other nations were considered foreigners or aliens. They were considered outside the common law. At the time, the colony had no provision for naturalizing foreigners.
was a Black
colonist, one of the original indentured "20 and odd negroes" brought to Jamestown
after arriving at Cape Comfort
in August 1619. By 1623, Johnson had completed his indenture and was a "free Negro"
. During the late 1640s, Johnson moved with his family to Northampton County
on Virginia
's Eastern Shore
, where he acquired property on Pungoteague Creek and began raising livestock. He was the first African landowner in the colony. By July 1651, he had brought his holdings, which he referred to in a court record as myne owne ground, to 250 acres (101.2 ha), then a considerable tract by eastern shore standards. He was prosperous enough to import five indentured servants of his own and was granted an additional 250 acres (101.2 ha) as "headrights".
In 1653 John Casor, a Black man employed by Johnson, said that he had been imported as a "seaven or eight yeares" indentured servant and that after attempting to reclaim his indenture, he had been told by Johnson that he didn't have one. According to the court documents, Casor demanded his freedom, and "Anthony Johnson 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." Casor went to work for Robert Parker, a White
colonist who, along with his brother George, later testified that they knew Casor had an indenture. One commentator said that Johnson may have feared losing his headrights land if the case went to court.
Anthony Johnson brought suit in Northampton County court against Robert Parker in 1654 for detaining his "Negro servant, John Casor," saying "Hee never did see any [indenture] but that hee had y
e Negro for his life". In the case of Johnson vs Parker, the court of Northampton County upheld Johnson's right to hold Casor as a slave, saying in its ruling of 8 March 1655:
Sustaining the claim of Anthony Johnson to the perpetual service of John Casor, the court gave judicial sanction to the right of Negroes to own slaves of their own race. The defendant, John Casor, thus became the first individual known to be declared a slave in what later became the United States. In 1670 the colonial assembly passed a law prohibiting free and baptized negroes and Indians from purchasing Christians (in this act meaning English or European whites) but allowing them to buy persons "of their owne nation." In this meaning, purchase also related to buying the contract services of indentured servants of various "nations".
In 1665 Anthony Johnson and his wife Mary, his son John and his wife Susanna, and their slave John Casor moved to Somerset County, Maryland
. Casor remained Johnson's slave for the rest of his life.
The circle continued to close around African servants. The court probably reasoned along this line, "Insofar as Negroes were heathens, they could never become Englishmen; insofar as they were not Englishmen, they could not be entitled to the protections of the common law", which was limited to English subjects. Africans were considered foreigners or aliens. In 1662 the colony passed a law that children of enslaved women (who were of African descent and thus foreigners) took the status of the mother, rather than of the father, as under English common law. This principle was called partus sequitur ventrum
. By the end of the 17th century, colonists were importing many Africans as slaves to satisfy the demand for labor. By an act of 1699, the colony ordered all free blacks deported, virtually defining as slaves all persons of African descent who remained in the colony. New free black families continued to be formed by the marriages and liaisons between white women, whether servant or free, and African men, whether servant, free or slave, because their children were born to free white women. Working class servants and laborers still lived closely together during this period.
Northampton County, Virginia
As of the census of 2010, there were 12,389 people, 5,321 households, and 3,543 families residing in the county. The population density was 63 people per square mile . There were 6,547 housing units at an average density of 32 per square mile...
in the Virginia Colony, in 1654 became the first person of African descent in the Thirteen Colonies
Thirteen Colonies
The Thirteen Colonies were English and later British colonies established on the Atlantic coast of North America between 1607 and 1733. They declared their independence in the American Revolution and formed the United States of America...
to be declared by the county court a slave
Slavery
Slavery is a system under which people are treated as property to be bought and sold, and are forced to work. Slaves can be held against their will from the time of their capture, purchase or birth, and deprived of the right to leave, to refuse to work, or to demand compensation...
for life. In one of the earliest freedom suits
Freedom suits
Freedom suits were legal petitions filed by slaves for freedom in the United States and its territories before the American Civil War, including during the colonial period. Most were filed during the nineteenth century. After the American Revolution, most northern states had abolished slavery, and...
, Casor argued that he was an indentured servant
Indentured servant
Indentured servitude refers to the historical practice of contracting to work for a fixed period of time, typically three to seven years, in exchange for transportation, food, clothing, lodging and other necessities during the term of indenture. Usually the father made the arrangements and signed...
who had been forced to serve past his term. The court sustained the right of free blacks
Free people of color
A free person of color in the context of the history of slavery in the Americas, is a person of full or partial African descent who was not enslaved...
to own slaves, and ordered Casor returned to his master for life.
Background
At this time, there were only about 300 persons of AfricanAfrican people
African people refers to natives, inhabitants, or citizen of Africa and to people of African descent.-Etymology:Many etymological hypotheses that have been postulated for the ancient name "Africa":...
origin living in the Virginia Colony, about 1% of an estimated 30,000 population. The first group of 20 or so came to Jamestown
Jamestown, Virginia
Jamestown was a settlement in the Colony of Virginia. Established by the Virginia Company of London as "James Fort" on May 14, 1607 , it was the first permanent English settlement in what is now the United States, following several earlier failed attempts, including the Lost Colony of Roanoke...
in 1619 as indentured servant
Indentured servant
Indentured servitude refers to the historical practice of contracting to work for a fixed period of time, typically three to seven years, in exchange for transportation, food, clothing, lodging and other necessities during the term of indenture. Usually the father made the arrangements and signed...
s. After working out their contracts for passage money to Virginia, each was granted 50 acres (20.2 ha) of land when they completed their indentures, so they could raise their own tobacco
Tobacco
Tobacco is an agricultural product processed from the leaves of plants in the genus Nicotiana. It can be consumed, used as a pesticide and, in the form of nicotine tartrate, used in some medicines...
or other crops.
The colonial charter entitled English subjects and their children the rights of the common law, but people of other nations were considered foreigners or aliens. They were considered outside the common law. At the time, the colony had no provision for naturalizing foreigners.
Legal dispute
Anthony JohnsonAnthony Johnson (American Colonial)
Anthony Johnson was an Angolan African held as an indentured servant by a merchant in the Colony of Virginia in 1620, but later freed to become a successful tobacco farmer and owner...
was a Black
Black people
The term black people is used in systems of racial classification for humans of a dark skinned phenotype, relative to other racial groups.Different societies apply different criteria regarding who is classified as "black", and often social variables such as class, socio-economic status also plays a...
colonist, one of the original indentured "20 and odd negroes" brought to Jamestown
Jamestown, Virginia
Jamestown was a settlement in the Colony of Virginia. Established by the Virginia Company of London as "James Fort" on May 14, 1607 , it was the first permanent English settlement in what is now the United States, following several earlier failed attempts, including the Lost Colony of Roanoke...
after arriving at Cape Comfort
Old Point Comfort
Old Point Comfort is a point of land located in the independent city of Hampton. It lies at the extreme tip of the Virginia Peninsula at the mouth of Hampton Roads in the United States....
in August 1619. By 1623, Johnson had completed his indenture and was a "free Negro"
Free Negro
A free Negro or free black is the term used prior to the abolition of slavery in the United States to describe African Americans who were not slaves. Almost all African Americans came to the United States as slaves, but from the earliest days of American slavery, slaveholders set men and women free...
. During the late 1640s, Johnson moved with his family to Northampton County
Northampton County, Virginia
As of the census of 2010, there were 12,389 people, 5,321 households, and 3,543 families residing in the county. The population density was 63 people per square mile . There were 6,547 housing units at an average density of 32 per square mile...
on Virginia
Virginia
The Commonwealth of Virginia , is a U.S. state on the Atlantic Coast of the Southern United States. Virginia is nicknamed the "Old Dominion" and sometimes the "Mother of Presidents" after the eight U.S. presidents born there...
's Eastern Shore
Eastern Shore of Virginia
The Eastern Shore of Virginia consists of two counties on the Atlantic coast of the Commonwealth of Virginia in the United States. The region is part of the Delmarva Peninsula and is separated from the rest of Virginia by the Chesapeake Bay. Its population was 45,553 as of 2010...
, where he acquired property on Pungoteague Creek and began raising livestock. He was the first African landowner in the colony. By July 1651, he had brought his holdings, which he referred to in a court record as myne owne ground, to 250 acres (101.2 ha), then a considerable tract by eastern shore standards. He was prosperous enough to import five indentured servants of his own and was granted an additional 250 acres (101.2 ha) as "headrights".
In 1653 John Casor, a Black man employed by Johnson, said that he had been imported as a "seaven or eight yeares" indentured servant and that after attempting to reclaim his indenture, he had been told by Johnson that he didn't have one. According to the court documents, Casor demanded his freedom, and "Anthony Johnson 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." Casor went to work for Robert Parker, a White
White people
White people is a term which usually refers to human beings characterized, at least in part, by the light pigmentation of their skin...
colonist who, along with his brother George, later testified that they knew Casor had an indenture. One commentator said that Johnson may have feared losing his headrights land if the case went to court.
Anthony Johnson brought suit in Northampton County court against Robert Parker in 1654 for detaining his "Negro servant, John Casor," saying "Hee never did see any [indenture] but that hee had y
Thorn (letter)
Thorn or þorn , is a letter in the Old English, Old Norse, and Icelandic alphabets, as well as some dialects of Middle English. It was also used in medieval Scandinavia, but was later replaced with the digraph th. The letter originated from the rune in the Elder Fuþark, called thorn in the...
e Negro for his life". In the case of Johnson vs Parker, the court of Northampton County upheld Johnson's right to hold Casor as a slave, saying in its ruling of 8 March 1655:
This daye Anthony Johnson negro made his complaint to the court against mr. Robert Parker and declared that hee deteyneth his servant John Casor negro under the pretence that said negro was a free man. The court seriously consideringe and maturely weighing the premisses, doe fynde that the saide Mr. Robert Parker most unjustly keepeth the said Negro from Anthony Johnson his master ... It is therefore the Judgement of the Court and ordered That the said John Casor Negro forthwith returne unto the service of the said master Anthony Johnson, And that Mr. Robert Parker make payment of all charges in the suit.
Sustaining the claim of Anthony Johnson to the perpetual service of John Casor, the court gave judicial sanction to the right of Negroes to own slaves of their own race. The defendant, John Casor, thus became the first individual known to be declared a slave in what later became the United States. In 1670 the colonial assembly passed a law prohibiting free and baptized negroes and Indians from purchasing Christians (in this act meaning English or European whites) but allowing them to buy persons "of their owne nation." In this meaning, purchase also related to buying the contract services of indentured servants of various "nations".
In 1665 Anthony Johnson and his wife Mary, his son John and his wife Susanna, and their slave John Casor moved to Somerset County, Maryland
Somerset County, Maryland
-2010:Whereas according to the 2010 U.S. Census Bureau:*53.5% White*42.3% Black*0.3% Native American*0.7% Asian*0.0% Native Hawaiian or Pacific Islander*1.7% Two or more races*1.5% Other races*3.3% Hispanic or Latino -2000:...
. Casor remained Johnson's slave for the rest of his life.
The circle continued to close around African servants. The court probably reasoned along this line, "Insofar as Negroes were heathens, they could never become Englishmen; insofar as they were not Englishmen, they could not be entitled to the protections of the common law", which was limited to English subjects. Africans were considered foreigners or aliens. In 1662 the colony passed a law that children of enslaved women (who were of African descent and thus foreigners) took the status of the mother, rather than of the father, as under English common law. This principle was called partus sequitur ventrum
Partus sequitur ventrum
Partus sequitur ventrem, often abbreviated to partus, in the British North American colonies and later in the United States, was a legal doctrine which the English colonists incorporated in legislation related to definitions of slavery. It was derived from the Roman civil law; it held that the...
. By the end of the 17th century, colonists were importing many Africans as slaves to satisfy the demand for labor. By an act of 1699, the colony ordered all free blacks deported, virtually defining as slaves all persons of African descent who remained in the colony. New free black families continued to be formed by the marriages and liaisons between white women, whether servant or free, and African men, whether servant, free or slave, because their children were born to free white women. Working class servants and laborers still lived closely together during this period.