Race Distinctions in American LawStephenson, Gilbert Thomas
History
Race Distinctions in American Law
Stephenson, Gilbert Thomas
African Americans -- Politics and government; Law -- United States -- History; United States -- Race relations
Another common form of legislation with regard to free Negroes was that
relative to their contracts for personal service. A Florida[100] statute
of 1865 required that all contracts with persons of color should be in
writing and fully explained to them before two credible witnesses, and
that one copy of the contract should be kept by the employer and the
other by some judicial officer of the State and county wherein the
service was to be performed. Contracts for less than thirty days might
be oral. The Negro who failed to perform his contract by wilful
disobedience of orders, wanton impudence, or disrespect, failure or
refusal to do the work assigned to him, idleness, or abandonment of the
premises, was treated as a vagrant. In 1866[101] the law ceased to be a
race distinction when, by a new enactment, it was greatly limited and
made applicable to whites and blacks alike.
The law of Kentucky[102] required contracts between white persons and
Negroes to be in writing and attested by some white person. The
contracts were to be treated as entire, so that, if either party should,
without good cause, abandon the contract, the other should be held to
have performed his obligation.
Mississippi[103] enacted that all contracts for labor with freedmen,
free Negroes, or mulattoes for a longer period than one month should be
in writing, attested by two disinterested white persons in the county
where the labor was to be performed, and read to the Negro by some
officer. If the laborer quit without good cause before the expiration of
the term, he forfeited his wages for the year up to the time of
quitting. That State made it the duty of every civil officer and the
option of every other person to arrest and carry back to his employer
every Negro laborer who had left, and the person making the arrest was
entitled to receive five dollars as a fee and ten cents per mile from
the place of arrest to the place of delivery, the same to be paid by the
employer and taken out of the wages of the Negro. The Negro might appeal
to a justice of the peace who might summarily try the merits of the
case. Then, either the master or the servant might appeal to the county
court which had power to remand the deserter to the employer or to
dispose of him otherwise as it thought right and just, and its decision
was final.
In Virginia[104] all contracts for service between a white person and a
Negro for more than two months had to be in writing, signed by both
parties, acknowledged before a justice of the peace, notary public,
clerk of the county or corporation court, overseer of the poor, or two
or more credible witnesses in the county or corporation where the work
was to be done. And the justice, notary, etc., had to read and explain
the contract to the Negro.
Public-domain text, read in full here on John Shaqi.
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