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“Theft of Oneself”: Runaway Servants in Early Maryland: Deterrence, Punishment, and Apprehension

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Standard of Living

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Abstract

Immigrant indentured and transported convict servants had an incentive to breech their labor contracts by running away. Masters and servants in colonial Maryland engaged in strategic behaviors to deal with this contract breech incentive. In the seventeenth century, masters altered the colony’s statutory laws to deter and thwart servant escape, and servants chose the escape routes that offered the best chance of not being returned to Maryland. Strategic behaviors changed by the eighteenth century. Masters quickly advertised runaway servants in Maryland newspapers, and servants selected when to run that delayed the appearance of those ads as much as possible.

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Notes

  1. 1.

    For Virginia see, Bruce (1896, vol. 2: 10–29). For Maryland see, Archives of Maryland (vols. 1, 2, 4, 10, 41, 49, 53, 54, 57, 60, 65, 66).

  2. 2.

    Slaves had no resources and no extra labor time with which to compensate slave owners for the lost labor time caused when slaves ran off. All the owner could get was the rest of the slave’s labor life from the point when the slave was caught and returned. The lost labor time while absent was a total loss. Therefore, a slave owner’s calculation of the resources to invest in recapturing a runaway slave was different than that for recapturing a runaway indentured servant. The loss of future labor value if the slave successfully escaped was much greater than the loss of future contracted labor value if a servant successfully escaped—the rest of life for the slave versus a few years of labor for a servant. Thus, a slave owner’s investment in recapturing a runaway slave would depend most on that future lost value. Masters of servants could get tort-damage compensation from the servant both for the lost labor time while absent and the cost of apprehension via being legally granted extra labor time added to the end of the servant initial contract. This was compensation a slave owner could not get.

  3. 3.

    New Castle Court Records (1904)

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Acknowledgments

The author thanks Margarita Golod and Jianmin Zhang for research assistance done some time ago, and Howard Bodenhorn for helpful comments on an earlier draft.

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Correspondence to Farley Grubb .

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Appendix: Grubb’s Murray Tribute

Appendix: Grubb’s Murray Tribute

John Murray’s work on orphan apprenticeship in early America and my work on European immigrant indentured servitude in early America had much in common (for examples see Grubb (1992b, 2000a, 2006), Murray and Herndon (2002), and Murray (2013). Regarding these types of labor contracts, John and I often discussed contract structure, why particular contract designs were used, how contract compliance was enforced, and the behavioral incentives faced by masters, servants, and the government regarding contract performance. Typically, we discussed these issues in person at the annual meetings of the Economic History Association.

John was familiar with the work that is provided here through reading earlier working paper versions of it, but mostly through our in-person discussions of it over the years. He had encouraged me to publish it in some form. The initial working paper was written in 1980 as my first work on immigrant indentured servitude in colonial America when I was still a graduate student in economics at the University of Chicago. I sat it aside to work on other aspects of immigrant servitude. I returned to it often over the years, occasionally adding to it, but always setting it aside and not finishing it.

I aspired to use the paper as a vehicle for developing a complex mathematical model of crime and punishment, building on the work of my thesis advisor Gary Becker (1976: 39–85), and then use the colonial data to test the model. I hoped to place the piece in a general model-oriented economics journal. Alas, I have not been up to the task of mathematically modeling the issues as I envisioned them, nor do I think the data were strong enough to test the kind of model I had in mind. So while I frequently revisited the paper, I always sat it aside, waiting for better modeling inspiration that unfortunately (or fortunately) never came.

John liked the story and the data findings in the project and encouraged me to just publish the story and the evidence and not worry about trying to look modeling erudite for my economist peers. He felt that historians and economic historians would find the project interesting and a valuable addition to colonial labor history. As a tribute to his wise advice and, in a gentle way, his mentoring of an older scholar, I cleaned up the project, suppressed efforts to provide an explicit and original mathematical model of crime and punishment, and just presented the story and the evidence. Thanks John. I will miss our conversations.

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Grubb, F. (2022). “Theft of Oneself”: Runaway Servants in Early Maryland: Deterrence, Punishment, and Apprehension. In: Gray, P., Hall, J., Wallis Herndon, R., Silvestre, J. (eds) Standard of Living. Studies in Economic History. Springer, Cham. https://doi.org/10.1007/978-3-031-06477-7_8

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