A third law under which peonage is practiced, and which probably is the
most fruitful legal source is to be found in Alabama alone. It provides
that when any person who has been convicted of a misdemeanor, signs a
written contract in open court approved by the judge of the court in
consideration of another person becoming his surety on a confession of
judgment for the fine and costs, agrees to perform any service for such
person and afterwards fails or refuses to perform the service, on
conviction will be fined not less than the amount of damages which the
party contracting with him has suffered, and not more than five hundred
dollars. The statute provides that these contracts with sureties may be
filed for record in the office of the judge of probate in the county in
which the confession of judgment was had. There is an additional section
which provides for similar punishment in the cases of persons convicted of
a misdemeanor or violation of a city ordinance, who makes similar
contracts before a recorder or mayor.
The laws of vagrancy are also used as a means of reducing persons to a
condition of peonage. In many of the Southern States the vagrancy laws are
exceedingly drastic, and under their enforcement by the courts almost any
person may be convicted as a vagrant, and being unable to pay his fine or
to give surety for his future good conduct may enter into a contract, with
one who does pay his fine or become his surety, to work for him, and if he
does not perform the labor may be prosecuted for violating this contract,
and for the second offense may enter into a contract for additional
service for an extended period, and thus the restraint of his liberty may
be almost interminable.
The law relating to immigrant agents makes it necessary to obtain a
license in each county of the State in which the calling is carried on.
This license is made so high as to be practically prohibitive. Carrying on
the occupation of immigrant agent without a license is a misdemeanor, the
penalty for which is a fine from five hundred to five thousand dollars,
and imprisonment for a period of not exceeding one year. Laws relating to
immigrant agents are found in Alabama, Florida, Georgia, North Carolina,
and South Carolina.
In addition to these, other laws, perfectly proper on their face, are
perverted to reduce persons to a condition of peonage, among which are
false pretense or false promise laws, absconding debtor laws, board-bill
laws, and in fact every ordinance, regulation, or statute defining a
misdemeanor or crime. It can readily be seen that if the States may by
legislative enactment define any act to be a crime the thirteenth
amendment may become in time a mere nullity.
In a report by Hon. Charles W. Russell, Assistant Attorney General, to the
Attorney General, in 1908, appears this language:
Public-domain text, read in full here on John Shaqi.
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