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
Servants were not to be kept at home on Sundays unless to take care of
the premises or animals, for work of daily necessity, or on unusual
occasions; and then only so many as were necessary to do the work.
Sunday work must be done by them in turn, except in cases of sickness or
disability, when the work might be assigned out of order. Those away on
Sunday must be back by sunset.
Masters might give servants tasks, and might require them to rate
themselves as full hands, three-quarters, half, or one-quarter in order
to determine the task. If the servant complained of the task, the
district judge or magistrate might reduce or increase it.
Visitors of servants could not be invited or allowed by the servants to
come on the premises of the master without his express consent, nor
could servants be absent from the premises without such permission.
If the servant left his employment without good cause, he forfeited all
the wages due him. He must obey all lawful orders of the master or his
agent, and “be honest, truthful, sober, civil, and diligent in his
business.” The master might moderately correct servants under eighteen
years of age. He was not liable to pay for any additional services of a
servant, if they were necessary, except by express agreement.
The master might discharge the servant for: (1) wilful disobedience of
the lawful order of himself or his agent; (2) habitual negligence or
indolence in business; (3) drunkenness, grossly immoral or illegal
conduct; (4) want of respect and courtesy to himself, his family,
guests, or agents; (5) or for prolonged absence from the premises, or
absence on two or more occasions without permission. Or, if the master
preferred, he might report the servant to the district judge or
magistrate, who had power to inflict suitable corporal punishment or
impose a fine, and remand him to work; the fine to be deducted from the
wages, if not paid. These were the means by which the judge or
magistrate might compel the servant to perform his contract.
The master was not liable to third persons for the voluntary trespasses,
torts, and misdemeanors of his servants. Nor was he liable for any
contract of his servant unless made with the master’s authority, nor for
any acts of the servant unless done within the scope of his authority or
in the course of his employment. It was the master’s duty to protect his
servant from violence at the hands of others and to aid him in getting
redress for injuries.
For a person to deprive the master of the services of his servant,
knowing him to be such, by enticing him away, harboring him, detaining
him, beating, confining, disabling, or in any way injuring him was
punishable by a fine of from twenty dollars to two hundred dollars, and
imprisonment or hard labor for not over sixty days. In addition, the
master might recover damages for loss of such services.
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