The effect of the decision of the Supreme Court of the United States in
the Bailey case is to render null and of no effect all of these labor laws
which either directly or indirectly resulted in compulsory slavery. In the
Bailey case the Supreme Court held that although the State statute in
terms appeared to punish fraud, the inevitable purpose is to punish for
failure to perform contracts for labor, thus compelling such performances
and it violates the thirteenth amendment to the constitution and is
unconstitutional. And again the further principle was announced that a
constitutional prohibition can not be transgressed indirectly by court or
statutory presumption any more than by direct enactment. The Court said:
"The Thirteenth Amendment prohibits the control by coercion of the
personal services of one man for the benefit of another and that the
Federal Penal Act is violated by any State resolution which seeks to
compel the services of labor by making it a crime to fail and refuse to
perform contract employment!" This decision rendered by Mr. Justice Hughes
and dissented from by Mr. Justice Holmes, an ex-Union soldier, and Mr.
Justice Lurton, an ex-Confederate soldier, goes as far as any decision in
upholding the spirit and intent of the Thirteenth Amendment as any
decision ever rendered by this, the highest Court of the nation. However,
this interpretation goes no further than the moral and physical fact of
compelling the service of labor. Slavery and involuntary servitude
according to the construction of the Court consist only in compelling one
to work against his will and does not relate to the thousand and one facts
of the human life by which one man might, though free in theory, be made
subservient to another man. For instance, this same Court decided, in a
case brought up from Arkansas where a Negro had, through the conspiracy of
a number of white men been prevented from pursuing his occupation as a
lumberman in a lumber district of that State, that it had no jurisdiction
in the premises; that the act involved did not raise a Federal question;
that the Negro was not the ward of the nation but an equal citizen, one
who had accepted the garb of citizenship and discarded the robe of
wardship and thereby restricted himself to pursue the remedies for wrongs
inflicted by individuals in State courts although it was argued to the
court that to prevent a man either directly or indirectly from pursuing a
calling or profession was as thoroughly to enslave him as to force him to
labor against his will.
Transcriber's Notes:
The following misprints have been corrected:
"evdence" corrected to "evidence" (page 7)
"State" corrected to "States" (page 8)
"insitution" corrected to "institution" (page 11)
Public-domain text, read in full here on John Shaqi.
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