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
any such law would be unconstitutional because the president cannot
legislate. But the point I wish to make now in both these cases is the
exact correspondence of the problem; what are remedies to-day were
remedies five hundred years ago. So far we have found nothing new,
either in remedy or offence.
(1349) Now there is a third great line of legislation that we must
consider in connection with these other two, and that is the Statutes
of Labor. It was the custom in early times to attempt to regulate
prices; both of wages and commodities. The first Statute of Laborers
dates from 1349. Its history was economic. They had had a great plague
in England known as the Black Death; and it had carried off a vast
number of people, especially the laboring people. There was naturally
great demand for workers. Laborers were very scarce. It is estimated
that one-third of the entire population had died; and there has never
been a time when wages were so high relatively, that is, when wages
would buy so much for the workingman, as about the middle of the
fourteenth century. But the employers were no fonder of high wages
than they are to-day. All England was used to sumptuary laws, laws
regulating the price of commodities, and villeins still existed. They
were only just beginning to consider agricultural laborers as freemen;
they were used to the notion of exerting a control over laboring men,
who were still often appendant to the land on which they worked, for
it was unlawful for an agricultural laborer to change his abode; and
in many other ways they were under strict laws. So that it didn't
seem much of a step to say also, we will regulate the rate of
wages--particularly as the payment of wages in money was rather a new
thing. Probably two or three centuries before most wages were paid in
articles of food or in the use of the land. So they got this first
Statute of Laborers through; it required all persons able in body
under sixty to do labor to such persons as require labor or else be
committed to gaol. That, of course, is compulsory labor; the law would
therefore be unconstitutional with us to-day except in so far as it
applied, under a criminal statute, in regard to tramps or vagrants. In
some States we commit tramps and vagrants to gaol if they won't do a
certain amount of work for their lodging, under the theory that they
have committed a criminal act in being vagrants. Otherwise this
principle, a law requiring all persons to work, is now obsolete. Then
it went on to say, no workman or servant can depart from service
before the time agreed upon; lawful enough, to-day, although laborers
do not like to make a definite contract. The South, however, has
adopted this principle as to agricultural labor, just as in the
England of the fourteenth century. Southern States have an elaborate
system of legislation for the purpose of enforcing labor upon idle
negroes, which, when it creates a system of "peonage," is forbidden by
the Federal laws and Constitution.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account