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
Of all the Southern States, South Carolina[105] went much the furthest
into detail as to contracts for service. Persons of color who made
contracts for service or labor were to be known as servants, and those
with whom they contracted, as masters. Contracts for one month or more
must be in writing, attested by one white witness, and approved by the
judge of the district court or a magistrate. If the period of service
was not mentioned, it was until the twenty-fifth of December next after
making the contract. If the wages were not stipulated, they were to be
fixed by the district judge or magistrate on application by one of the
parties and notice to the other. A Negro, ten years or more of age,
having no parent living in the district and not an apprentice, might
make a valid contract for a year or less. Contracts must be presented
for approval within twenty days. Contracts for one month or more were
not binding on the servant unless written and approved. Failure to make
such a written contract was a misdemeanor punishable by a fine of from
five dollars to fifty dollars. If the servant received only board and
clothing, a written contract was unnecessary. The fee for approval
ranged between twenty-five cents for a contract of one month or less to
one dollar for a contract for one year and one dollar for each year or
part of a year in addition, half the fee to be paid by each party.
Labor on farms was minutely regulated. Hours of labor, except on
Sundays, were from sunrise to sunset, with a reasonable interval for
breakfast and dinner. Servants must “rise at the dawn in the morning,
feed, water, and care for the animals on the farm, do the usual and
needful work about the premises, prepare their meals for the day, if
required by the master, and begin the farm work or other work by
sunrise.” They must be careful of all the animals and property of their
masters, and especially of the animals and implements used by them; must
prevent them from injury by others. They were answerable for all
property lost, destroyed, or injured by their negligence, dishonesty, or
bad faith.
All lost time, not occasioned by the master, and all losses caused by
neglect of duty might be deducted from the wages of the servant. Food,
nursing, and other necessaries for the servant, while absent from work
on account of sickness or other cause, might also be deducted. Servants
must be quiet and orderly in their quarters, at their work, and on the
premises. They must extinguish their lights and fires, and retire to
rest at seasonable hours. Work at night and out-door work in bad weather
was not to be exacted except in cases of necessity.
Public-domain text, read in full here on John Shaqi.
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