Labor Legislation of the Colonial and Revolutionary Eras

From the Revolution to the eve of the Civil War, law began to shape working life in America. Originally, the colonies adopted the Common Law of England, however with the onset of the Revolution, states began to draft their own constitutions. In the 18th and 19th centuries, legislation having to do with labor was largely determined at state levels, and most often, on a case-by-case basis. It wouldn’t be until the beginning of the 20th century that most federal legislation concerning labor would be drafted and take effect.
Originally, most people immigrated by way of indentured servitude or slavery.1 People that emigrated from England couldn’t afford their passage and agreed to become indentured for a certain amount of time in order to pay their expenses incurred from traveling to the states. Once they arrived in the states, the ship captain would have them lined up for sale, or they would be auctioned off at local markets. They became property of their masters. Contract labor, indentured servants and convict laborers were not allowed to sell their labor and were tied to their masters by laws that “compelled them to help their masters become rich”.2 Many times, the length of servitude was extended due to poor behavior, and the servants were sometimes abused.
There were “laws that called on masters to provide servants with adequate food, lodging and clothing”3 to ensure basic rights. Once completing their set time of servitude, these people were freed from all bonds to their masters. In Massachusetts, law stated “all servants who had served diligently and faithfully for seven years should be not be sent away empty-handed”.4 Unfortunately, because these laws were not always adhered to, some servants found it necessary to fight back.
When indentured servants felt they were wronged, they were able to press charges against their masters as they “were recognized as fellow Christians and were entitled to their day in court”.5 Even though they were able to