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Illustrated Episode · Volume I, chapter 12 · 20 September 1656

Tony will not rise

A young Black man in a plain linen shirt sits upright on the ground among cut tobacco plants, looking steadily up at a white man in dark clothes and a broad hat who stands over him with a switch, while field workers watch from the rows.
St. John's, Maryland, 20 September 1656. Ordered into the field, Tony, an enslaved man, sits down and will not rise, and his master Symon Overzee stands over him with a switch of pear twigs. Rothbard calls it perhaps the first demonstration of nonviolent resistance in America. Overzee beat him, Tony was dead within hours, and a jury let Overzee go. Chapter 12 of Conceived in Liberty.

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Adapted from Murray N. Rothbard, Conceived in Liberty (Mises Institute, 2011), CC BY 3.0.

What happened

Tony had run from Symon Overzee's plantation at St. John's, Maryland, twice already, and twice been brought back, once with bloodhounds. On 20 September 1656 he was ordered into the field, and he sat down on the ground and would not stir. Overzee, a Dutch merchant and planter, beat him with pear-tree twigs, and the overseer complained that he could not make Tony do anything. Nothing moved him. That afternoon Overzee had him tied by the wrists to a ladder, poured melted lard over him and left him in the open, and the court record says "the sd Toney wth in three howres dyed." The Provincial Court took depositions, and in December 1658 a jury returned "Ignoramus," no case to answer, so Overzee walked free; Rothbard says the court held that Tony had proved incorrigible. Rothbard writes that Tony "had the distinction of staging perhaps the first demonstration of nonviolent resistance in America," and that Overzee, "enraged because 'his property' was refusing to function as property," killed him (CiL, p. 110). A man who owned nothing, not even himself, kept the one thing he could refuse them, his labor, and he refused it to the end.

Sources

  1. Murray N. Rothbard, Conceived in Liberty (Auburn, Ala.: Mises Institute, 2011 single-volume ed.), vol. I, ch. 12, pp. 104-110. CC BY 3.0. Rothbard
  2. Proceedings of the Provincial Court, 1658-1662, Archives of Maryland vol. 41, p. 205 (the indictment and depositions concerning Symon Overzee and the death of Toney, 20 September 1656). Primary source
  3. Janet Cummings, 'Simon Overzee, Two Thorowgood Sisters, and Enslaved Antonio's Death in 17th Century Maryland', Thorowgood World (2025-06-23), summarizing the depositions of Hannah Littleworth and William Hewes and the December 1658 verdict. Secondary source
  4. Jamestown Rediscovery Foundation, 'Reconstructing James Fort', Historic Jamestowne (accessed 2026-09-29): earthfast post-in-ground buildings, riven clapboards, wooden chimneys. Secondary source
  5. Annie Lash Jester, Domestic Life in Virginia in the Seventeenth Century (Jamestown 350th Anniversary Historical Booklet 17, 1957), pp. 9-10. Secondary source