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What’s a Headright?

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A headright is a land grant given to settlers, with each person entitled to a set amount of land. It was used in North American colonies to encourage settlement and solve labor shortages. Women and children relied on husbands, fathers, and brothers to claim their head rights. Disputes arose over who had the right to claim certain settlers, and indentured servants had the option to pursue a land grant, while slaves did not.

A headright is a government land grant given to someone acting as a settler. This concept originates from the term “head” as a reference to an entire human being; for each head, or person, who has settled, there is a corresponding right to land with a head right system. Historically, only certain people could own land, and as a result, people could claim head rights on behalf of their family members, indentured servants, and slaves. One of the most famous uses of this system occurred in colonies established in North America in the 1600s.

In a headright system, each person who settles is entitled to a set amount of land. This is designed to encourage settlement and also solve labor shortages, as people have an incentive to import labor. In the colonies, the system was retroactively instituted when the government realized that labor shortages needed to be addressed. Every citizen living in the colonies was granted two head rights, and people were also encouraged to move to the colonies with a head right as an incentive to promote immigration, with a single land grant established on each immigrant.

Women and children could not claim their head rights, relying on husbands, fathers and brothers to do so on their behalf. This encouraged families to immigrate together, as leaving family members at home resulted in fewer head rights. Additionally, people with independent sources of wealth could also import labour, receiving a landlord for each contract and slave. Some colonies later banned this practice, limiting head rights only to free citizens.

An interesting consequence of the headright system was the disputes over who had the right to claim which settlers. In the case of contract employees, for example, the person who bought the contract may have to compete with a contractor and a ship’s captain, and sometimes conflicting claims have been made. Likewise with slaves, where slaveholders interested in accumulating property in the colonies could claim the right to import them. In some cases, people researching family history have found several claims for the same ancestor.

For indentured servants, once their term of service was over, people had the option of pursuing a land grant at the frontier, entering into another contract, or entering regular service as a free domestic servant. Slaves did not enjoy these privileges; even in the case of free blacks with clearly documented manumission papers, property rights were not offered, and free slaves usually entered service in lieu of the option to own and work their own land.

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