An Indentured Servant (or in the U.S. bonded laborer) is a laborer under contract to work for an employer for a specific amount of time, usually seven to eight years, to pay off a passage to a new country or home. Typically the employers provided little if any monetary pay, but was responsible for accommodation, food, other essentials, and training. Upon completion of the term of the contract those bound to Service for a Term of Years sometimes received a lump sum payment such as a parcel of land and was free to farm or take up trade of his own.
The term comes from the medieval English "indenture of retainer" — a contract written in duplicate on the same sheet, with the copies separated by cutting along a jagged (toothed, hence the term "indenture") line so that the teeth of the two parts could later be refitted to confirm authenticity.
in the United States Constitution: = those bound to Service for a Term of Years
"Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons".
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The free Negro (slavery was a near day one fact in British America) Anthony Johnson and his slave John Casor:
http://209.85.165.104/search?q=cache:LCWXD_bfvGUJ:www.dinsdoc.com/russell-1.htm+colonial+slavery+legal+black+slave+owners&hl=en&ct=clnk&cd=11&gl=us&client=firefox-aThe 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
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 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 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 dept. 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 agt Mr. Robert Parker that hee detayneth one John Casor a Negro the plaintiffs Servt 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 rt 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
In thus sustaining the claim of Anth. 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. Indeed no earlier record, to our knowledge, has been found of judicial support given to slavery in Virginia except as a punishment for crime. Additional gleanings from the records show that this black slavemaster was a respected citizen of wealth and one of the very earliest Negro arrivals upon this continent, if, indeed, he was not one of the first twenty brought in on the Dutch man-of-war in 1619. Every doubt of the correctness of this assertion should be banished by a perusal of the somewhat detailed evidence upon which the conclusion is based.
The following record of the court of Henrico County under date of 1795 is an example of what is to be found in the records of any of the older counties of Virginia
9 J. C. Hotten, “Lists of Emigrants to America,” pp. 218-258.
Know all men by these presents that I, James Radford of the County of Henrico for and in consideration of the sum of thirty-three pounds current money of Virginia to me in hand paid by George Radford a black freeman of the city of Richmond hath bargained and sold unto George Radford one negro woman aggy, to have and to hold the said negro slave aggy unto the said George Radford his heirs and assigns forever.
JAMES RADFORD (seal) 10