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Discussion of research and writing about Virginia history

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Subject:
From:
Paul Heinegg <[log in to unmask]>
Reply To:
Discussion of research and writing about Virginia history <[log in to unmask]>
Date:
Sat, 11 May 2019 00:04:18 -0400
Content-Type:
text/plain
Parts/Attachments:
text/plain (327 lines)
The deeds, wills and court orders are complete for Northampton County from 
1632.
They record deeds for the sale of "Negros" which include no terms of 
service, and they include wills which devise "Negros and their increase."

If one is looking for a case before 1654 which decided whether a slave was 
property, there may be no other.
However, one could argue that the sole reason that the Johnson vs Parker 
trial took place was the odd situation that "Negro" Johnson owned "Negro" 
Casor. And Johnson's wife, children and neighbors appealed to him to release 
Casor.

Parker would not have allowed the slave of a white planter to openly take 
refuge on his property, nor would Casor have dared to openly challenge a 
white master that way.

If a court did not intervene when a master beat a white servant to death in 
1624, it is unlikely that the courts would intervene when planters kept as 
slaves Africans who had no indentures and came from countries that England 
had no diplomatic relations with.
Paul




-----Original Message----- 
From: Gray, LaToya
Sent: Friday, May 10, 2019 10:31 AM
To: [log in to unmask]
Subject: Re: [VA-HIST] John Casor

Hi Brent,

May I ask how early are we speaking (for early judicial records in 
Virginia)?  I haven't had a chance to review the origins of this e-mail 
chain, but this caught my attention because of a previous project I worked 
on. I used to assist a professor through typing transcriptions of early 
court cases from English legal history, and I think that there were some 
from early cases in Virginia. The project was a bit monotonous to me at 
times, so I did not read all of the cases I typed, but perhaps I can suggest 
a few sources that can help, depending on the desired time period.

Sincerely,
LaToya


LaToya S. Gray
User Support Specialist
Boatwright Memorial Library
University of Richmond, VA 23173
804.287.8884
[log in to unmask]



-----Original Message-----
From: Discussion of research and writing about Virginia history 
<[log in to unmask]> On Behalf Of Tarter, Brent
Sent: Friday, May 10, 2019 9:28 AM
To: [log in to unmask]
Subject: Re: [VA-HIST] John Casor

I don't know enough about the surviving judicial records of other colonies 
know whether an earlier such record exists. Earlier records may have once 
upon a time existed in Virginia, but we can't say for sure.

Brent

On Thu, May 9, 2019 at 4:25 PM Johnson, Kirk N. <[log in to unmask]>
wrote:

> Boris,
>
> I don't understand your tone here. Brent was making a very particular
> observation about the archival realities when researching early
> Virginia history. Maybe your question should be to ask is it the first 
> KNOWN case.
>
> Kirk Johnson
> Serials Manager
>
> Prince William Public Library System
> 13083 Chinn Park Drive
> Prince William, VA  22192-5073
>
> (703) 792-4883
>
> [log in to unmask]
>
>
>
> -----Original Message-----
> From: Discussion of research and writing about Virginia history <
> [log in to unmask]> On Behalf Of Boris Sokolovsky
> Sent: Thursday, May 9, 2019 2:20 PM
> To: [log in to unmask]
> Subject: Re: [VA-HIST] John Casor
>
> Historical research is not based on what is "missing".  The challenge
> facing you in using archival data is to find materials from the
> multitude of materials available in various archives and collections,
> which are both reasonable and suitable for the research topic. The
> treatment of very old materials is a particularly difficult challenge to 
> overcome.
> So, I am asking again, based on what material is available, was Was
> "Johnson vs Parker" a first case in the colonies that recognized a
> person as a "property' of another person?
> As you know British Laws did not have any Law that mentioned "Slavery".
>
> On Thu, May 9, 2019 at 10:54 AM Tarter, Brent <
> [log in to unmask]>
> wrote:
>
> > Early court records are very, very incomplete and scattered, so it
> > is not wise to state that that or any other one case was definitely
> > the first. The best we can do is to state that one might be the
> > earliest identified case and hedge even that by reference to the
> > loss of a vast abundance of county and General Court records from 
> > Virginia.
> >
> > Brent Tarter
> > [log in to unmask]
> >
> >
> > On Thu, May 9, 2019 at 1:08 PM Boris Sokolovsky <[log in to unmask]>
> wrote:
> >
> > > Can you formulate a concise answer to this question?
> > > Was Johnson vs Parker a first case in the colonies that recognized
> > > a
> > person
> > > as a "property' of another person?
> > > The case of Punch was a punishment for violating an Indenture 
> > > Contract.
> > >
> > > On Tue, May 7, 2019 at 6:23 AM Kimball, Gregg <
> > > [log in to unmask]> wrote:
> > >
> > > > There are a few premises in the initial post that I would
> > > > consider
> > > suspect,
> > > > but I'm sure better scholars on the list will weigh in. I hope
> > > > they
> > will,
> > > > because a few of these assumptions have troubled me for some time.
> > > >
> > > > How can we consider the "20 and odd" Africans who arrived in
> > > > Virginia
> > in
> > > > 1619 as "indentured servants with time restricted contracts" if
> > > > they
> > were
> > > > taken from a Spanish slave ship by English raiders and traded in
> > > > the colony?
> > > >
> > > > Do we know that there were "no laws regarding slavery for life"
> > anywhere
> > > in
> > > > Britain and its colonies? I ask that because we seem to assume
> > > > that a
> > > lack
> > > > of statutes means "no law," but British law, as I understand it,
> > > > was largely based on the common law.
> > > >
> > > > Can we EVER assume a "first" in terms of the law of slavery in
> > > > Virginia given the massive loss of early records?
> > > >
> > > > Gregg
> > > >
> > > >
> > > >
> > > > On Tue, May 7, 2019 at 7:58 AM Boris Sokolovsky
> > > > <[log in to unmask]>
> > > wrote:
> > > >
> > > > > Since there were no laws regarding slavery for life(all "slaves"
> > > > > were brought in as indentured servants with time restricted
> > > > > contracts)
> > what
> > > > was
> > > > > the first established by law case of slavery?
> > > > > Many resources point at the Johnson vs Parker case.
> > > > > Can you clarify the issue?
> > > > >
> > > > > On Mon, May 6, 2019 at 1:11 PM Paul Heinegg
> > > > > <[log in to unmask]>
> > > > wrote:
> > > > >
> > > > > > No, but he may have been the first slave owned by a former 
> > > > > > slave.
> > > > > >
> > > > > > Casor sued for his freedom from former slave Anthony Johnson
> > > > > > in Northampton County, Virginia, in 1653, but Johnson
> > > > > > insisted that "hee had ye
> > > Negro
> > > > > for
> > > > > > his life" [Orders, Deeds, Wills, 1651-54, 226].
> > > > > > John Casor/ Cazara travelled with the Johnson family to
> > > > > > Somerset
> > > > County,
> > > > > > Maryland, where he recorded his livestock mark in court,
> > > > > > with the
> > > > consent
> > > > > > of
> > > > > > Anthony's widow Mary Johnson [Archives of Maryland, 54:760-1].
> > > > > > He was a witness (signing) to her power of attorney by which
> > > > > > she
> > > > assigned
> > > > > > her son John Johnson authority over her property in Virginia
> > > [Somerset
> > > > > > County Judicial Record, 1671-75, 159-62].
> > > > > > Paul
> > > > > >
> > > > > > -----Original Message-----
> > > > > > From: Boris Sokolovsky
> > > > > > Sent: Saturday, May 04, 2019 3:14 PM
> > > > > > To: [log in to unmask]
> > > > > > Subject: [VA-HIST] John Casor
> > > > > >
> > > > > > Was John Casor one of the first legal black slave?
> > > > > >
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> > > > --
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