The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1905-05-10
JOHN BOYD PLEADS GUILTY
in UNITED STATES COURT
CASE, WHICH HAS BEEN IN THE
COURTS FoH A NuMssR OF
YEARS, IS SETTLED BY DEFEND
ANT PLEADING euILTYTo THE
CHARGE.

SIthGGs 49,
In the United States court yester.I
day, Judge Chas. Swayne, presiding,
an interesting case was settled. John
Boyd, the defendant In peonage
case. entered plea Of guilty, but has
not yet been sentenced.
On October %, 1898, Boyd was
indicted by the Federal grand jury
for holding as poem white boy
named j. Bradley Smith. The case
was continued from term TO term
pending the decision OF the supreme
court Of the United States. IN the cele-
brated case of s. NJ. Clyatt appealed
from this district. This law having
been sustained Boyd was arraigned in
court and pleaded guilty. From his
own statement made 10 the court it
appears he bought claim against
Smith OF about $4,000 from man who
had brought the boy from South Caro-
Ina He had kept him several months,
and when the boy ran on twice
ne went after him with another man
and with a gun forced him to walk
some Is miles back to his place and
continued to work He stated he had
flve boys working for him on about
the same terms. ~
Boyd at the last term of court plead
ed guilty to a charge involving the
sending away of the government wit.
nesses TO South Carolina in this case
an dhas serveal his sentence.
a
Tallahassee the supreme court Of the
United States has fully defined peon.
age as follows:
"Peonage is sometimes classified az
voluntary and Involuntary but this
implies simply difference in the mode
OF origin. but none in the chaMcter OF
the servithde. The one exists where
the debtor voluntarily contracts to en-
ter the service of his creditor; the
other is forced upon the debtor by
some provision Of law; but peonage
however created is compulsory ser
vice; involuntary servitude. A peon
can release himself therefrom 1t Is
true by the payment Of the debt, bu'
otherwise the service is enforced. A
clear distinction exists between peon
age ana the voluntary performance o.
labor or rendering of services in the
payment of a debt. In the latter case
4 the debtor, though contracting to pay
his Indebtedness by labor or service
and subject like any other contractor
to an action for damages for breach
Eof that contract, can elect at any time
to break it. and no law or force com
Ipels performance or continuance o
the service. We need not stop to. con
1 slider any possible limits or exception
al cases, such as the service of {
sailor, or the obligations of child t,
dts parents, or of an apprentice to hi
master, or the punishment crfninajf
Eof the abandonment by an employee o
his post of labor in any extreme cases
That which is cont emplated by tn
statute Is compulsory service to sc
cure the payment OF debt II ma
be conceded as general proposition
that the ordinary relations of indivff
ual to individual are subject to tn
, control of the states and are not er
trusted to the general government
but the Thirteenth Amendment of tn
Constitution of the United States d.
fines the status or condition irrespet
!, tive of the manner or authority b
which it is created.
at means no party or authority, bu
II simply forbids slavery and involul
!. tary seryit,tde. and grants to congress
the power to enforce this prohibftio
! by appropriate legislation. It Is nc
open to doubt that congress may 81
force this Amendment by direct legi
lation, Furnishing the holding of pc
sons In slavery or Involuntary serv
+ tude, except as a punishment fc
crime. In the exercise of that powe
4 congress has enacted these section
! denouncing peonage, and punishin
9 one who holds another In that cOnd
ton of involuntary servitIde, and tn
: whether there be municipal or stat
law sanctioning such holdksi.; 1t O.
9 crates directly on every citizen OF Il
! republic wherever his residence ma
be. The law Furnishes every persc
, who holds, arrests. returns or. cause
= to be held. arrested or Peturne
y Three distinct acts are here mentio
ed:
First, holding; second, arrestint
third. returning. Either one may
, subject of Indictment and punishment
A party may hold another in a stal
of peonage without ever having a
rested him for that purpose He me-
come into the possession OF an esta
/, in which the~peon is held. and
t simply continues the condition WIKI
n was existing before he came into pc
q session. He may also arrest an int
n v;dnaI for the purpose OF placing nj
IS in a condition of pennage. and tn
q whether he be the one to whom Il
" involuntary service Is to be renders
eI or simply employed for the purpose
q making the arrest. Or he may, AIT
eel one has fed from q state OF peona!
Is return him to II. and this whether
It himself claims the service or is actil
simply as an agent Of another TO
force the return.