The Montgomery advertiser., 1903-06-16

II eaAO Sfhs tue SLdLule tntenQtQ 10
 circumvent and destroy. That system as
 we nave seen, was that a freeman might
 enter into contract to labor or to rem l oer personal service in consideration of
 an hoeoteoness due the master or em-
 pioyer, whereby the debtor or person
 agreeing to render personal service, or I pay a debt in service might therea fer
 be compelled against his will, by coerciye
 measures, to perform labor or service for
 the creditor or employer, until the ad- l vance or debt was repaid or the contract or service fully performed. It was a sys-
 tenn under which freeman might sell
 ms own services. or transfer the inter
 @ sst ne nad IT. the service of another un- | ner contract, which armed the creditor , or hirer with power and dominion over the person and freedom of the debtor. ana by that means coerced the perform
 ance Of the service for the payment of
 the debt -
 Condition, as Well as Legal .-3titu-
 tion, of Peonage, Punished.
 The right. privilege or immunity of a
 citizen of the United States to be free
 rom slavery. or involuntary servitude of l any kind, except upon punishment for
 crime, being given or secured by the con-
 stitution of the United States to every citizen of the United States. Congress, under the power vested in 1t by the Thir- feenth amendment, had authority, not only to strike down and annul the laws
 which supported the system, but by di- rect and primary legislation of its own, to punish. criminally. Individuals who violate the right of citizens of the United States in this regard, by lawlessly sub 1ecting them to the results and evils of the forbidden practices. Prigg V. Penn sylvania, 16 Peters, 53s. By the act cited attempting to uphold peonage as a legal ized institution. but also punishes "every person. who Is instrumental fin holding arresting or the returning of any per son to condition of peonage." The first section strikes at the legal system known as peonage" The second section strikes at "the condition of peonage,"
 no matter how brought about. whether by State or territorial laws or cus- toms, or by violation of law by individ- uals. The purpose of this legislation was
 not only to make 1t unlawful to contract with another for the performance of la
 bar or personal service to discharge a private obligation or debt, upon any agreement by which the creditor or em- ployer, or hirer. could exercise dominion over the person and the liberty of the debtor, and thus coerce nim against his will, to remain In the service and work or labor until the debt was paid. Con gress intended If such a contract he &C., tually entered into, either by design or ignorance. 10 make 1t a criminal offense for any one to coerce performance of 1t, ythreats or force or Imprisonment, or the employment of other means, which amount to duress: so that the laborer or debtor is thereby coerced. against his will, to perform personal service or labor
 to pay the debt It intended to forbid. and punish, save in the case of parent and child. master and apprentice, and persons duly convicted of crime, any ex- ercise of authority, whether public oc private, State or individual. to hire or hold person to service against his will. and compel him to submit to restraint and labor to pay a debt, or perform other personal service against his will, whatev
 CT the pretext. The condition of peon- age' Is but a species or form of tnvol- untary servitude. Although entered into voluntarily, the condition" Is created, if the party seeks to withdraw from 1t and is held by coercion, against his will to perform personal service. or in satisfac-
 Tests of Peonage.
 The characteristics which distinguish this form of involuntary servitude, from oth- CT forms of it, as we have seen, are that a person is forced to labor or personal service, against his will, by reason of some contract or agreement, express or implied, with some other person, which creates the relation of debtor and cred itor between them. The law strikes at the effect of any designed and deliber- ate course of action, upon the part of the employer to compel a laborer or any other person. who has made a lawful or unlawful contract. to remain in the ser vice. or submit to restraint, if he after wards desires to quit, against his will, by actual or threatened force, or terror ism amounting to compulsion and sub tection of his will, so that the person owing the obligation, or detained is re- ally deprived of freedom of choice and Is no longer a free agent. The test often given for determining this, Is, whether the force, influence or threat is sufficient to overcome the will of a reasonably firm man, under like crcumstan nces; but the better rule seems to be, and the disposi- tion of the courts. Is, as all persons are not of like courage and f1rmness. to con slider the situation of the parties, the re- lative inferiority between the person con- tracing to perform service and the per son exercising the force or influence Tn condition and intelligence, and determine In view of all these whether the act was involuntarily. It will not do in all cases. to say that the party should have relied upon the law for redress and resisted the force or threats by legal proceedings, instead of submitting to the wrong since the protection of the law, in many cases may not be sufficiently immediate to pre- vent the threatened injury, nor afford anything like sufficient and adequate compensation for the injury which would result, if the force and influence were then resisted.
 person who hires another, and ia- duces him to sign a contract by which he agrees during the term to be impris- oned or kept under guard. and under claim of such right afterwards unlaw- fully holds the party to the performance of the contract, by threats or punishment subduing his free will when he desires to abandon the service. is guilty of hold ing such person to a condition of peon- age.
 A person who falsely pretends to an other that he is accused of crime. and offers his good offices to prevent his con- viction. if he will pay a sum of money, thereby to satisfy the prosecutor, and thus induces such party to sign a con tract obligating himself to work to re- imburse the amount paid out. or pre- tended to be paid out, for this purpose, or to pay any other sum on this account whereby such person agrees to serve him or labor for him, and to submit to re- straint and deprivation of liberty while he is performing the contract. is guilty Of causing such person to be held. or hold ing him in a condition of. peonage, if such person, believing that 1t is necessary to avoid conviction, enters upon the per formance of the contract, and is then compelled to remain and perform it, though he desires to leave 1t, by threats or punishment. subduing his freedom of will. The person who makes such con- tract with the laborer, that another may get the benefit of his enforced labor or the person who becomes his custodian. LF tE0r hA HaN T-y