Popular Law-making: A study of the origin, history, and present tendencies of law-making by statuteStimson, Frederic Jesup
History
Popular Law-making: A study of the origin, history, and present tendencies of law-making by statute
Stimson, Frederic Jesup
Legislation -- United States
As relating mainly to strikes or concerted action, the question of
arbitration and conciliation laws will be left for the next chapter;
but we may close our discussion of individual legislation by calling
attention to the striking attempt to revive mediaeval principles of
compulsory labor in certain avocations and in certain portions of
this country. The cardinal rule that the contract of labor may not
be compelled to be carried out, that an injunction will not issue to
perform a labor contract, or even in ordinary cases against breaking
it, is, of course, violated by any such legislation; but ingenious
attempts have been made to get around it in the Southern States.
This world-wide problem is really rather a racial problem than an
economic one amongst Anglo-Saxons. The inability of the African and
the Caucasian to live side by side on an equality largely results from
this economic 'question' which, broadly stated, is that the Caucasian
is willing to work beyond his immediate need voluntarily and without
physical compulsion; the African in his natural state is not. The
American Indian had the same prejudice against manual labor; but
rather that, as a gentleman, he thought himself above it; and his
character was such that he always successfully resisted any attempts
at enslavement or even compulsory service. The negro, on the other
hand, is not above such work, but merely is lazy and needs the impulse
of actual hunger or the orders of an overseer. We are, of course,
speaking of the mass of the people, in their natural state, before any
enlightenment gained by contact with more civilized races. The whole
question is discussed on its broadest lines by Mr. Meredith Townsend
in his luminous work, "Asia and Europe." He seems hopelessly to
conclude that there is no possibility of white and black permanently
living together as part of one industrial civilization unless the
latter race is definitely under the orders of the former. Without
assenting to this view it may be admitted that it is one which has
very largely prevailed in the Southern States, and the difficulty
there is, of course, with agricultural labor. So fast as the negro can
be made a peasant proprietor, the question seems to be in a measure
solved; but it is alleged to be almost impossible to get the necessary
labor from negroes when done for others, under contract or otherwise.
There is, therefore, a mass of recent legislation in the Southern
States which we may entitle the _peonage_ laws, which range from the
highly objectionable and unconstitutional statute compelling a person
to carry out his contract of labor under penalty as for a misdemeanor,
to the more ingenious statutes which get at the same result by the
indirect means of declaring a person guilty of breaking a contract
under which he has acquired money or supplies punishable as for fraud.
There are also statutes applying and very greatly extending the old
common-law doctrine of loss of service; making it highly criminal for
Public-domain text, read in full here on John Shaqi.
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