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
a neighbor to incite a servant or employee to break his contract or
even to accept the work of a laborer without ascertaining that he
has not broken such contract, as, for instance, by a certificate of
discharge from his last master. These laws, it will be seen, differ in
no particular from the early labor laws in England, which we carefully
summarized for this purpose; except, indeed, that they do stop short
of the old English legislation which provided that when a laborer
broke his contract or refused to work he could be committed before the
nearest magistrate and summarily punished. Even this result, however,
has been arrived at by the more circuitous and ingenious legislation
of Southern States such as in Georgia, cited in the charge to the
Grand Jury.[1] The principle of this elaborate machinery is always
that money advances, or supplies, or a lease of a farm for a season
or more, or the loan of a mule, having first been made under written
contract to the negro, the breaking of such contract or the omission
to repay such advances, is declared to be in the nature of fraud; the
entering into such contract with intention to break it is declared to
be a misdemeanor, etc., etc. The negro refusing to carry out his labor
contract is then cited before the nearest magistrate, who imposes
under the statute a nominal fine. The negro, being of course unable to
pay this fine, is remanded to the custody of his bondsmen, who pay it
for him, one of them of course being the master. The negro leaves the
court in custody of his employer and carries away the impression with
him that he has escaped jail only by being committed by the court to
his employer to do his employer's work, an impression possibly not too
remote from the fact. It is easy to see how to the African mind the
magistrate may appear like an Oriental cadi, and how he may be led to
carry out his work as submissively as would the Oriental under similar
circumstances.
[Footnote 1: Jaremillo _v._ Parsons, 1 N.M. 190; _in re_ Lewis, 114
Fed. 963; Peonage cases, 123 Fed. 671; United States _v._ McClellan,
127 Fed. 971; United States _v._ Eberhard, 127 Fed. 971; Peonage
cases, 136 Fed. 707; charge to jury, 138 Fed. 686; Robertson _v._
Baldwin, 165 U.S. 275; Clyatt _v._ United States, 197 U.S. 207; Vance
_v._ State, 57 S.E. 889, Bailey _v._ Alabama, 211 U.S. 452; Torrey
_v._ Alabama, 37 So. 332.]
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