"I have no doubt from my investigations and experiences that the chief
support of peonage is the peculiar system of State laws prevailing in the
South, intended evidently to compel services on the part of the
workingman. From the usual condition of the great mass of laboring men
where these laws are enforced, to peonage is but a step at most. In fact,
it is difficult to draw a distinction between the condition of a man who
remains in service against his will, because the State has passed a
certain law under which he can be arrested and returned to work, and the
condition of a man on a nearby farm who is actually made to stay at work
by arrest and actual threats of force under the same law. The actual
spoken threat of an individual employer who makes his laborer stay at work
against his will by fear of the chain gang, and the threat of the State to
send him to the chain gang whenever his employer chooses to have him
arrested, are the same in result and do not seem to me very different in
any other way."
While the principal sources of the practice of peonage are the laws just
referred to, yet it has existed and does exist without law. The condition
of the colored man in this country is practically that of an outlaw. He is
scarcely thought of as having rights. He is distinctly told not to insist
upon his rights, but to do his duty; that rights will come as the result
of duty well performed. This is in effect to say the laws, the customs,
the institutions, which protect and defend other men are not to be invoked
by the Negro when in his opinion he needs them. A large group of men who
are looked upon after this fashion is at the mercy of any group of men who
enjoy in full vigor all that the institutions and government of their
country stand for. Therefore, it is not unusual to find that, without any
law at all, large numbers of laborers are restrained of their liberty in
quarters and in stockades, guarded by men who carry guns and deadly
weapons, and though having been convicted of no wrongdoing, are kept in
the condition of ordinary criminals. The report of the Attorney General
for the year 1907 contains a list of eighty-three complaints of peonage
pending in the Department of Justice. These complaints come from every one
of the former slave-holding States, with the exception of Missouri, and
since the publication of this report cases of peonage have been found in
that State. In view of the testimony afforded by the laws on the statute
books of the States, the decisions of the courts, the reports of the
Department of Justice, and the testimony of persons whose character is a
warrant of its truthfulness, the practice of peonage is exactly
coterminous with that portion of the territory of the United States in
which the institution of chattel slavery formerly existed. When we
consider the historic fact that the public opinion of the States embraced
in this territory has never considered Negroes as having rights which any
Public-domain text, read in full here on John Shaqi.
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