Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1916-08-19
l. L. Burr Discusses History
- of This Form of Servitude
in United States i
BY /. 1. BURR

JuuBe stuart IN MS decision IN tBt
q. A. Steven case, and again in hi.
recent letter 10 the President OF the
United States, proclaimed. In effect
that peonage existed in the Territor;
OF Hawaii, United States Of America
and also intimated that the present
governor and chief justice OF the su
pFemc court were in a measure respon
sibIe. r.. 49,. =
Just what peonage is and a briel
history of its existence in the United
States is here given: .....
Origin Of the Terms Peon end Peonaee
The word ''peon" is Spanish. III
Spanish-American countries IL is the
common term applied to common Ia
borers. especially common laborers
who work for the government, road
laborers, for instance, anG TO those
working on large estates or planta.
ton. The mere fact that a laborer is
called or designated as a peon does
not imply that the laborer is under any
condition of involuntary servitude
Mexican law, also the laws of New
Mexico. ignored the word "peon" ana
always used the term servant" when
dealing with labor .-..- ..>... l.. ...-
The English meaning of the word
is not the same as in Spanish. for n
English II is used TO imply a condi-
ton of bondage or serfage "A condi.
ton Of seryitude whereby the peon is
bound to labor for his employer. In
the case of Alonzo Bailey VS.. Ala.
hama, Justice Hughes defined peon-
age as: "Peonage is a term descriptive
OF condition that existed in Spanish
America and especially In Mexico.
The essence of the thing is compul.
sorry service in payment of debt. A
peon is one who is compelled to work
Tor his creditor until the debt is paid.
Peonage in New Mexico
When the Territory of New Mexico
was acquired from Mexico as a result
of the Mexican war, peonage
existed there in the same form as in
Mexico. That is, it arose from con-
tract whereby the peon became cound
to his master for an Indebtedness
founded upon an advancement made
In consideration of personal services
that the peon was to perform As
peonage existed at first the peon
could buy his freedom by repayirlg
the master what was due the master
under the contract, also the master
could sell the peon to any person who
cared to purchase and would assume
the duties and obligations of the mas
ter. Later, however, the law was
altered so that the contract could not
be abandoned except by mutual con.
sent. While the peon was. bound to
involuntary servitude. that is unless
he were able to, buy his freedom, yet
ne was not a slave, as slavery existed
IN tho South, for he was a freeman
with political as well as civil rights.
and his children were not poems.
Following the passage of the thir-
teenth amendment to the constitution
OF the United oGates, tho courts of the
Territory of New Mexico released
poems from bondage on writs of
habeas corpus. But IL was not all
poems that cared to IKE advantage Of
the law. They had become SO de.
graded that they did not care to be
free, and besides their masters "a.
scented the new order of things. Such
was the condition in New Mexico un.
III Congress determined to destroy the |
system, not only as it existed in, New
Mexico, but to make the system im-
POSSIBLE in GSier territories or states
OF the Union. So in 1867 Congress en-
acted laws to- the effect that the
holding OF any person to service or
labor under the system known as |
peonage is abolished" and provided !
severe penalties for the violation of
the same. These acts put an end To
peonage IN New .Iexico.
Peonage in the South.
Peonage, so called, next made. its |
appearance in the southern states.
But there II had little in common with !
the peonage Of New Mexico, other
than that IL vas a form of inyolun- /
tary servitude. and that it was under
color of law, The laws OF Alabama
give q good example of the way, it |
was done. There the legislature pass. !
ed laws providing that any person /
who with intent to injure or defraud i
HIS employer entered into a written .
contract for services, and thereby OBJ |
tained from his employer money or
ether personal property and with like !;
intent and without just cause, re-
fused to perform the services, should
be punished as though he had stolen
the money or goods. On conviction
Cor such offense the defendant was
punished by double fine. The law
also provided that the refusal to per-
form the services or to refund the I
money was prima facie evidence of
the intent to injure or defraud There /
was also rule of evidence enforced |
by the courts, to the effect that the
accused, for the purpose of refut- !
ing the statutory presumption. could i
not testify as to his uncommunicat-
ed motive, purpose, or intent
Under such laws the average negro /
had no chance He Is almost always
without money; and even should he
have money, would never pay cash for
anything If it could be secured on !,
credit A negro having once pur
chased something on credit all that /.
was necessary was to swear out
warrant under the law and have the
negro convicted The fine would be
double the amount due; together with