An indenture signed by Henry Mayer, with an "X", in 1738. This contract bound Mayer to Abraham Hestant of Bucks County, Pennsylvania, who had paid for Mayer to travel from Europe.
An indentured servant or indentured laborer is an employee (indenturee) within a system of unfree labor who is bound by a signed or forced contract (indenture)
to work without pay for the owner of the indenture for a period of
time. The contract often lets the employer sell the labor of an
indenturee to a third party. Indenturees usually enter into an indenture
for a specific payment or other benefit (such as transportation to a
new place), or to meet a legal obligation, such as debt bondage.
On completion of the contract, indentured servants were given their
freedom, and occasionally plots of land. Indentured servitude was often
brutal, with a high percentage
of servants dying prior to the expiration of their indentures. In many
countries, systems of indentured labor have now been outlawed, and are
banned by the Universal Declaration of Human Rights as a form of slavery.
The Americas
North America
Until the late 18th century, indentured servitude was very common in British North America.
It was often a way for poor Europeans to immigrate to the American
colonies: they signed an indenture in return for a costly passage. After
their indenture expired, the immigrants were free to work for
themselves or another employer. It has been argued by at least one
economist that indentured servitude occurred largely as "an
institutional response to a capital market imperfection".
In some cases, the indenture was made with a ship's master, who
sold the indenture to an employer in the colonies. Most indentured
servants worked as farm laborers or domestic servants, although some
were apprenticed to craftsmen.
The terms of an indenture were not always enforced by American
courts, although runaways were usually sought out and returned to their
employer.
Between one-half and two-thirds of white immigrants to the American colonies between the 1630s and American Revolution came under indentures. However, while almost half the European immigrants to the Thirteen Colonies
were indentured servants, at any one time they were outnumbered by
workers who had never been indentured, or whose indenture had expired,
and thus free wage labor was the more prevalent for Europeans in the
colonies. Indentured people were numerically important mostly in the region from Virginia north to New Jersey.
Other colonies saw far fewer of them. The total number of European
immigrants to all 13 colonies before 1775 was about 500,000; of these
55,000 were involuntary prisoners. Of the 450,000 or so European
arrivals who came voluntarily, Tomlins estimates that 48% were
indentured.
About 75% of these were under the age of 25. The age of adulthood for
men was 24 years (not 21); those over 24 generally came on contracts
lasting about 3 years.
Regarding the children who came, Gary Nash reports that "many of the
servants were actually nephews, nieces, cousins and children of friends
of emigrating Englishmen, who paid their passage in return for their
labor once in America."
Several instances of kidnapping for transportation to the Americas are recorded, such as that of Peter Williamson (1730–1799). As historian Richard Hofstadter
pointed out, "Although efforts were made to regulate or check their
activities, and they diminished in importance in the eighteenth century,
it remains true that a certain small part of the white colonial
population of America was brought by force, and a much larger portion
came in response to deceit and misrepresentation on the part of the
spirits [recruiting agents]." One "spirit" named William Thiene was known to have spirited away 840 people from Britain to the colonies in a single year. Historian Lerone Bennett, Jr. notes that "Masters given to flogging often did not care whether their victims were black or white."
Indentured servitude was also used by various English and British
governments as a punishment for defeated foes in rebellions and civil
wars. Oliver Cromwell sent into enforced indentured service thousands of prisoners captured in the 1648 Battle of Preston and the 1651 Battle of Worcester. King James II acted similarly after the Monmouth Rebellion in 1685, and use of such measures continued also in the 18th Century.
Indentured servants could not marry without the permission of
their master, were sometimes subject to physical punishment and did not
receive legal favor from the courts. To ensure that the indenture
contract was satisfied completely with the allotted amount of time, the
term of indenture was lengthened for female servants if they became
pregnant. Upon finishing their term they received "freedom dues" and
were set free.
The American Revolution
severely limited immigration to the United States, but economic
historians dispute its long-term impact. Sharon Salinger argues that the
economic crisis that followed the war made long-term labor contracts
unattractive. His analysis of Philadelphia's population shows how the
percentage of bound citizens fell from 17% to 6.4% over the course of
the war.
William Miller posits a more moderate theory, stating that "the
Revolution...wrought disturbances upon white servitude. But these were
temporary rather than lasting".
David Galenson supports this theory by proposing that the numbers of
British indentured servants never recovered, and that Europeans from
other nationalities replaced them.
The American and British governments passed several laws that helped foster the decline of indentures. The UK Parliament's Passenger Vessels Act 1803
regulated travel conditions aboard ships to make transportation more
expensive, so as to hinder landlords' tenants seeking a better life. An
American law passed in 1833 abolished imprisonment of debtors, which
made prosecuting runaway servants more difficult, increasing the risk of
indenture contract purchases. The 13th Amendment, passed in the wake of the American Civil War, made indentured servitude illegal in the United States.
Contracts
Through
its introduction, the details regarding indentured labor varied across
import and export regions and most overseas contracts were made before
the voyage with the understanding that prospective migrants were
competent enough to make overseas contracts on their own account and
that they preferred to have a contract before the voyage.
Most labor contracts made were in increments of five years, with
the opportunity to extend another five years. Many contracts also
provided free passage home after the dictated labor was completed.
However, there were generally no policies regulating employers once the
labor hours were completed, which led to frequent ill-treatment.
Caribbean
Indian woman in traditional dress
In 1838, with the abolition of slavery at its onset, the British were
in the process of transporting a million Indians out of India and into
the Caribbean to take the place of the African slaves(freed in 1833) in
indentureship. Women, looking for what they believed would be a better
life in the colonies, were specifically sought after and recruited at a
much higher rate than men due to the high population of men already in
the colonies. However, women had to prove their status as a single and
eligible to emigrate, as married women could not leave without their
husbands. Many women seeking escape from abusive relationships were
willing to take that chance. The Indian Immigration Act of 1883 prevented women from exiting India as widowed or single in order to escape.
Arrival in the colonies brought unexpected conditions of poverty,
homelessness, and little to no food as the high numbers of emigrants
overwhelmed the small villages and flooded the labor market. Many were
forced into signing labor contracts that exposed them to the hard field
labor on the plantation. Additionally, on arrival to the plantation,
single women were 'assigned' a man as they were not allowed to live
alone. The subtle difference between slavery and indenture-ship is best
seen here as women were still subjected to the control of the
plantation owners as well as their newly assigned 'partner'.
A half million Europeans went as indentured servants to the
Caribbean (primarily the English-speaking islands of the Caribbean)
before 1840.
In 1643, the white population of Barbados was 37,200 (86% of the population). During the Wars of the Three Kingdoms, at least 10,000 Scottish and Irish prisoners of war were transported as indentured laborers to the colonies.
There were also reports of kidnappings
of Europeans to work as servants. During the late 17th and early 18th
centuries, children from England and France were kidnapped and sold into
indentured labor in the Caribbean.
Indian indenture system
The Indian indenture system was a system of indenture, a form of debt bondage, by which 3.5 million Indians were transported to various colonies of European powers to provide labour for the (mainly sugar) plantations. It started from the end of slavery in 1833 and continued until 1920. This resulted in the development of large Indian diaspora, which spread from the Indian Ocean (i.e. Réunion and Mauritius) to Pacific Ocean (i.e. Fiji), as well as the growth of Indo-Caribbean and Indo-African population.
The British wanted Indians to work in Natal
as workers. But the Indians refused, and as a result, the British
introduced the indenture system. On 18 January 1826, the Government of
the French Indian Ocean island of Réunion laid down terms for the introduction of Indian labourers to the colony. Each man was required to appear before a magistrate
and declare that he was going voluntarily. The contract was for five
years with pay of ₹8 (12¢ US) per month and rations provided labourers
had been transported from Pondicherry and Karaikal. The first attempt at importing Indian labour into Mauritius, in 1829, ended in failure, but by 1834, with abolition throughout most of the British Empire, transportation of Indian labour to the island gained pace. By 1838, 25,000 Indian labourers had been shipped to Mauritius.
After the end of slavery, the West Indian sugar colonies tried the use of emancipated slaves, families from Ireland, Germany and Malta and Portuguese from Madeira.
All these efforts failed to satisfy the labour needs of the colonies
due to high mortality of the new arrivals and their reluctance to
continue working at the end of their indenture. On 16 November 1844, the
British Indian Government legalised emigration to Jamaica, Trinidad and Demerara (Guyana).
The first ship, the Whitby, sailed from Port Calcutta for British
Guiana on 13 January 1838, and arrived in Berbice on 5 May 1838.
Transportation to the Caribbean stopped in 1848 due to problems in the sugar industry and resumed in Demerara and Trinidad in 1851 and Jamaica in 1860.
The Indian indenture system was finally banned in 1917. According to The Economist, "When the Indian Legislative Council finally ended indenture...it did so because of pressure from Indian nationalists and declining profitability, rather than from humanitarian concerns."
Oceania
Convicts transported to the Australian colonies before the 1840s often found themselves hired out in a form of indentured labor.
Indentured servants also emigrated to New South Wales.
The Van Diemen's Land Company used skilled indentured labor for periods of seven years or less. A similar scheme for the Swan River area of Western Australia existed between 1829 and 1832.
During the 1860s planters in Australia, Fiji, New Caledonia, and the Samoa Islands,
in need of laborers, encouraged a trade in long-term indentured labor
called "blackbirding". At the height of the labor trade, more than
one-half the adult male population of several of the islands worked
abroad.
Over a period of 40 years, from the mid-19th century to the early 20th century, labor for the sugar-cane fields of Queensland, Australia included an element of coercive recruitment and indentured servitude of the 62,000 South Sea Islanders. The workers came mainly from Melanesia – mainly from the Solomon Islands and Vanuatu – with a small number from Polynesian and Micronesian areas such as Samoa, the Gilbert Islands (subsequently known as Kiribati) and the Ellice Islands (subsequently known as Tuvalu). They became collectively known as "Kanakas".
It remains unknown how many Islanders the trade controversially
kidnapped. Whether the system legally recruited Islanders, persuaded,
deceived, coerced or forced them to leave their homes and travel by ship
to Queensland remains difficult to determine. Official documents and
accounts from the period often conflict with the oral tradition
passed down to the descendants of workers. Stories of blatantly violent
kidnapping tend to relate to the first 10–15 years of the trade.
Australia deported many of these Islanders back to their places of origin in the period 1906–1908 under the provisions of the Pacific Island Labourers Act 1901.
Australia's own colonies of Papua and New Guinea (joined after the Second World War to form Papua New Guinea) were the last jurisdictions in the world to use indentured servitude.
Africa
A significant number of construction projects, principally British, in East Africa and South Africa, required vast quantities of labor, exceeding the availability or willingness of local tribesmen. Coolies from India were imported, frequently under indenture, for such projects as the Uganda Railway,
as farm labor, and as miners. They and their descendants formed a
significant portion of the population and economy of Kenya and Uganda,
although not without engendering resentment from others. Idi Amin's expulsion of the "Asians" from Uganda in 1972 was an expulsion of Indo-Africans.
The majority of the population of Mauritius
are descendants of Indian indentured labourers brought in between 1834
and 1921. Initially brought to work the sugar estates following the
abolition of slavery in the British Empire an estimated half a million
indentured laborers were present on the island during this period. Aapravasi Ghat, in the bay at Port Louis and now a UNESCO site, was the first British colony to serve as a major reception centre for slaves and indentured servants for British plantation labour.
Legal status
The Universal Declaration of Human Rights (adopted by the United Nations General Assembly
in 1948) declares in Article 4 "No one shall be held in slavery or
servitude; slavery and the slave trade shall be prohibited in all their
forms". More specifically, It is dealt with by article 1(a) of the United Nations 1956 Supplementary Convention on the Abolition of Slavery.
However, only national legislation can establish the unlawfulness
of indentured labor in a specific jurisdiction. In the United States,
the Victims of Trafficking and Violence Protection Act (VTVPA) of 2000 extended servitude to cover peonage as well as Involuntary Servitude.
