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.