Johnson vs Parker: No American Slavery

[DominusNovus]

So, in 1654, a black indentured servant in Virginia, named John Casor, was indentured to a free black man, Anthony Johnson. A white neighbor, Robert Parker, threatened to bring Johnson to court for holding Casor past his time of indentured servitude. Johnson gave into the thread, and then Casor became a servant of Parker. Feeling duped, Johnson sued to get Casor back, and won. The court basically ruled that since Casor was a heathen african, he couldn't be English, and since he wasn't english, he wasn't protected by English law, and thus could be held in servitude for life (IE, he was a slave). This is basically the legal beginning of slavery in Colonial America.

http://books.google.com/books?id=BEd...page&q&f=false

Now, obviously, there's more than just one court case, but lets say that this case, along with some others and various legislation (perhaps modelled on Maryland's maximum limit on indenture servitude), goes the other way, and the situation becomes more equitable to blacks (or, at least, christian blacks, as a start). How might a slavery-free America develop?

[Justin Green]

Thats a really interesting case. Though at best considering the times, the best precident would be that you couldnt keep Christians in servitude past a certain alloted time.

Though then there would probably be fewer African slaves imported, at least outside of places like South Carolina and Georgia.

[MAlexMatt]

Originally Posted by Justin Green

Thats a really interesting case. Though at best considering the times, the best precident would be that you couldnt keep Christians in servitude past a certain alloted time.

Though then there would probably be fewer African slaves imported, at least outside of places like South Carolina and Georgia.

You could even run with some kind of composite PoD and figure out how to make the earlier utopian communities that originally founded Georgia, which were uncomfortable with slavery, survive as the dominant force in the colony.

If slavery can be kept to a small enclave in the Carolinian Piedmont it's going to end up dieing pretty quickly.

[DominusNovus]

Before I go on, I should point out that, by complete coincidence, this week's Crash Course World History episode (youtube it) is about the Atlantic Slave Trade.

Another possibility is a larger push for indentured servants; if you can only get 7-14 years out of them, even if they are african, then you're going to need more of them, as the plantation economy develops. That might prolong the US acceptance of the atlantic slave trade, as they would need to keep importing more africans as indentured servants.

Of course, the problem with that is that soon, you've got lots of ex-indentureds running around. The problem the planters had with that is that they're effectively foreigners. The problem the indentureds had with that is that all the good land is gone.

So, the downsides to this (as the upside: no slavery, is fairly obvious):
- Weaker southern economies as plantations aren't as profitable
- More unstable southern societies, with lots of poor, unlanded, former servants of various ethnicities hanging around.
- More conflicts with American Indians as said former servants push the frontier more vigorously (though, this is not entirely bad from the colonial viewpoint; a faster settling of the interior has its own benefits).

An interesting twist just occurred to me: If the major Indian tribes (such as the Cherokee) allowed slavery, you could see some planters defect to the tribes in order to lower their bottom line on servants. Said tribes might be simultaneously more quickly assimilated into European culture with such immigrants, while also strengthened politically and economically by the influx of capital and material. Just an idea to play with.

[Pesterfield]

Of course, the problem with that is that soon, you've got lots of ex-indentureds running around.

Would it be possible to send them home after their terms run out, or would that run into logistics problems like other 'back to Africa' proposals?

If you've even got a trickle returning home will it have any positive impact on Africa?

[DominusNovus]

Originally Posted by Pesterfield

Would it be possible to send them home after their terms run out, or would that run into logistics problems like other 'back to Africa' proposals?

If you've even got a trickle returning home will it have any positive impact on Africa?

That defeats the entire purpose of indentured servitude. Beyond the logistics of it (valuable cargo space going towards something that has no economic value).

[Incognitia]

I think you would find that the formerly indentured servant would mysteriously have run up 'debts' to his employer at the end of the seven years.
So he would have to sign up for a new period of indentured service to pay off his 'debt'.
And so on, until he is no longer able to work, at which point his employer would say "Right, you're on your own now."

[DominusNovus]

Originally Posted by Incognitia

I think you would find that the formerly indentured servant would mysteriously have run up 'debts' to his employer at the end of the seven years.
So he would have to sign up for a new period of indentured service to pay off his 'debt'.
And so on, until he is no longer able to work, at which point his employer would say "Right, you're on your own now."

Thats certainly a possibility in some cases. However, that sort of legal wrangling over the term of servitude existed in our history. Maryland solved the problem by limiting the maximum term of servitude.

Regardless of how indentured servitude was and might be abused, it still would leave the colonies free of slavery. There's a world of difference between having a legal contract twisted against someone and that person being chattel property.

[Grimbald]

Would not this mean a greater importation of Irish and pro-pretender Scot to North America. The white colonials would not want to create a large population of freed blacks in their midst.

[DominusNovus]

Originally Posted by Grimbald

Would not this mean a greater importation of Irish and pro-pretender Scot to North America. The white colonials would not want to create a large population of freed blacks in their midst.

Its quite possible. On the other hand, they could just maintain that the blacks (or at least non-Christian blacks) wouldn't have the right to vote, regardless of property. The development of anti-african racism went hand and hand with their legal degradation; if their legal rights are protected, the attitudes might not develop as firmly.