diff options
| author | Roger Frank <rfrank@pglaf.org> | 2025-10-14 19:55:32 -0700 |
|---|---|---|
| committer | Roger Frank <rfrank@pglaf.org> | 2025-10-14 19:55:32 -0700 |
| commit | ba0fdb54cdbb8d3fa629e7651d073fc71d3313a3 (patch) | |
| tree | 67bd3fbe3bcef1ca6f505c3468a1d79999c45582 | |
| -rw-r--r-- | .gitattributes | 3 | ||||
| -rw-r--r-- | 31300-h.zip | bin | 0 -> 48367 bytes | |||
| -rw-r--r-- | 31300-h/31300-h.htm | 850 | ||||
| -rw-r--r-- | 31300-h/images/dec001.jpg | bin | 0 -> 31009 bytes | |||
| -rw-r--r-- | 31300.txt | 809 | ||||
| -rw-r--r-- | 31300.zip | bin | 0 -> 16671 bytes | |||
| -rw-r--r-- | LICENSE.txt | 11 | ||||
| -rw-r--r-- | README.md | 2 |
8 files changed, 1675 insertions, 0 deletions
diff --git a/.gitattributes b/.gitattributes new file mode 100644 index 0000000..6833f05 --- /dev/null +++ b/.gitattributes @@ -0,0 +1,3 @@ +* text=auto +*.txt text +*.md text diff --git a/31300-h.zip b/31300-h.zip Binary files differnew file mode 100644 index 0000000..1316335 --- /dev/null +++ b/31300-h.zip diff --git a/31300-h/31300-h.htm b/31300-h/31300-h.htm new file mode 100644 index 0000000..e37d314 --- /dev/null +++ b/31300-h/31300-h.htm @@ -0,0 +1,850 @@ +<!DOCTYPE html PUBLIC "-//W3C//DTD XHTML 1.0 Strict//EN" + "http://www.w3.org/TR/xhtml1/DTD/xhtml1-strict.dtd"> + +<html xmlns="http://www.w3.org/1999/xhtml"> + <head> + <meta http-equiv="Content-Type" content="text/html;charset=iso-8859-1" /> + <title> + The Project Gutenberg eBook of Peonage, by Lafayette M. Hershaw. + </title> + <style type="text/css"> + + p {margin-top: .75em; text-align: justify; margin-bottom: .75em;} + + h1,h2,h3,h4,h5,h6 {text-align: center; clear: both;} + + hr {width: 33%; margin-top: 2em; margin-bottom: 2em; margin-left: auto; margin-right: auto; clear: both;} + + body {margin-left: 12%; margin-right: 12%;} + + .pagenum {position: absolute; left: 92%; font-size: smaller; text-align: right;} + + .smcap {font-variant: small-caps;} + + .figcenter {margin: auto; text-align: center;} + + p.dropcap:first-letter{float: left; padding-right: 3px; font-size: 200%; line-height: 83%; width:auto;} + .caps {text-transform:uppercase;} + + ins.correction {text-decoration:none; border-bottom: thin solid gray;} + + .spacer {padding-left: .5em; padding-right: .5em;} + </style> + </head> +<body> + + +<pre> + +The Project Gutenberg EBook of Peonage, by Lafayette M. Hershaw + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: Peonage + The American Negro Academy. Occasional Papers No. 15 + +Author: Lafayette M. Hershaw + +Release Date: February 17, 2010 [EBook #31300] + +Language: English + +Character set encoding: ISO-8859-1 + +*** START OF THIS PROJECT GUTENBERG EBOOK PEONAGE *** + + + + +Produced by Suzanne Shell, Stephanie Eason, and the Online +Distributed Proofreading Team at https://www.pgdp.net. + + + + + + +</pre> + + + + +<h3>OCCASIONAL PAPERS, NO. 15.</h3> +<h3><span class="smcap">The American Negro Academy.</span></h3> +<p> </p><p> </p> +<h1>PEONAGE</h1> +<p> </p> +<h3>—BY—</h3> +<h2>LAFAYETTE M. HERSHAW</h2> +<p> </p><p> </p> +<h4>PRICE<span class="spacer"> </span>:<span class="spacer"> </span>:<span class="spacer"> </span>15 CTS.</h4> +<h4>WASHINGTON, D. C.:<br />PUBLISHED BY THE ACADEMY<br />1915</h4> + + +<p> </p><p> </p> +<hr style="width: 65%;" /> +<p><span class="pagenum"><a name="Page_5" id="Page_5">[Pg 5]</a></span></p> +<h2>PEONAGE</h2> +<h3>BY LAFAYETTE M. HERSHAW</h3> + +<p class="dropcap"><span class="caps">The</span> Negro was kidnapped from the shores of Africa and brought into the +Western Hemisphere at the beginning of the sixteenth century in order to +meet the conditions growing out of an acute labor problem. The greedy and +adventurous Spaniard had come to these shores in quest of gold, and after +years of experiment he discovered that the Indian who lived in the islands +and on the coast of the New World, either would not or was not physically +able to perform the heavy labor of extracting gold from the mines. To meet +his greedy quest, it was then necessary to look elsewhere to find the man +who was feeble enough in will and strong enough in body to meet the +conditions which then presented themselves. The African was that man. It +is not the purpose of these reflections to deal with the institution of +slavery other than to point out that what slavery is appears altogether +from the point of view of the one who discusses it. It is common nowadays +to refer to it as a practical institution by means of which the savage +African was brought under the beneficent influences of Christianity, +taught the English language, and the joy of intelligently directed labor. +But before the beginning of the institution as a means of meeting the +needs of work, the moralist considered it as the sum of all villanies, the +reformer termed it the negation of all right. But the economist looks at +it as a system of labor, and the historian and philosopher, as a step in +the progress of the human race from the time when savages were put to +death when taken in battle to the time when men realized that they could +eat bread by the sweat of other men’s faces.</p> + +<p>It is a remarkable concurrence of historical facts that the opening of the +Panama Canal will be precisely the four hundredth anniversary of the +introduction of Negro slavery into the Western Hemisphere. Most of those +centuries were passed without any alleviation of the condition of the +chattel slave. The Liberal and Revolutionary movements of the eighteenth +and nineteenth centuries brought about the downfall of chattel slavery as +a system of labor in the civilized world. Immediately succeeding the +emancipation of the slave from chattelism, slavery reappeared in a new +form. The former slave-holding states enacted a series of so-called “Labor +Laws” intended to apply exclusively to the recently emancipated slaves, +which at that time so outraged public sentiment that the American nation +just emerged from the great war, intending to destroy every vestige of +slavery and its incidents, conferred<span class="pagenum"><a name="Page_6" id="Page_6">[Pg 6]</a></span> upon the Negro the common and +universal legal rights which pertained to white men throughout the English +speaking world. It was evidently the thought and purpose of the men of +that day to cure in the light of the formulas and promises of their +fundamental charters the curse that had been a sore to civilization for +years. And for a time it looked as though they had done so, but of late +years there has grown up a series of laws and court decisions giving +distinct recognition to the fact of Race, and in spite of the +constitutional guaranties, differentiating at least in the matter of the +enjoyment of rights as between white men and black men. This paper is +concerned merely with those distinctive laws which relate to labor.</p> + +<p>In all English speaking countries the freedom of labor has been a +fundamental principle of the law, and the freedom of contract has been +absolutely unlimited and unhampered, as was also the right to abrogate or +to disregard the contract of labor on the part of the laborer, there being +no remedy of specific performance against him. The failure to observe the +contract of employment was never, until recently, regarded as a criminal +offense, and the only remedy that the employer had against the employee +who willfully or who for good reason or for no reason refused to live up +to his contract was an action for damages sustained. Of late years there +has grown up in the former slave-holding states of the South a series of +laws which abrogate all this well-known and time-honored common law +principle.</p> + +<p>Does peonage exist in any part of the United States to-day? The question +is answered both in the affirmative and in the negative. Those who deny +the existence of peonage assert that merely the voluntary or involuntary +service or labor of a person in payment of a debt or obligation is not +peonage; that it is not the system of peonage as practiced in +Spanish-American countries and in Mexico; that there is in this country +nothing resembling the Spanish or Mexican peonage system. It is probably +true that there are no laws on statute books which resemble the laws under +which peonage is practiced in Mexico, and under which it was practiced in +New Mexico and Arizona before they became parts of the United States. The +thirteenth amendment to the Constitution of the United States forbids such +laws, and certain acts of Congress have been passed which render that +amendment effective. It is therefore to be presumed that no State which +desired to establish a system of forced labor would pass a law which, on +its face, would be in violation of the thirteenth amendment, or of the +laws of Congress passed in pursuance of it. The counterfeiter has before +him the task of making false money to look as much like genuine money as +possible. The maker of laws violative of fundamental rights has before him +the task of doing the forbidden thing in a way which will as nearly as +possible conceal the fact that it has been done. What peonage is, has been +defined by the United States Supreme Court.</p> + +<p><span class="pagenum"><a name="Page_7" id="Page_7">[Pg 7]</a></span>Justice Brewer said: “It may be defined as a status or condition of +compulsory service based upon the indebtedness of the peon to the master. +The basal fact is indebtedness. One fact exists universally, all were +indebted to their masters. This was the cord by which they seemed bound to +their masters’ service.” Therefore, wherever we have compulsory service +for debt, we have peonage, it matters not by what method the result is +attained. There are to-day in certainly six states, and probably in ten, +in which the institution of slavery formerly existed, laws which make it +possible to compel men to render service against their will, and that too +when they have committed no act which, outside of those States would be +held to be a crime in any English-speaking community.</p> + +<p>For convenience, these laws may be classed under at least five heads: +Contracts of employment, enticement of laborers to quit their employers, +violation of a contract with a surety by one convicted of a misdemeanor, +the laws of vagrancy, and the laws relating to immigrant agents.</p> + +<p>The laws relating to contracts of employment are to be found on the +statute books of six States—Alabama, Florida, Georgia, Mississippi, North +Carolina, and South Carolina. These laws are very similar in their +phraseology and in the penalties attached to their violation in all of +these States. The Alabama law, which has recently been declared +unconstitutional by the Supreme Court of the United States, may serve as +an example. It provides, in short, that any person who enters into a +contract in writing to perform any service for another and thereby obtains +money or other personal property from such person with intent to defraud +the person, and who leaves his service without performing the act or +refunding the money or goods, shall be guilty of a misdemeanor; or, that +any person who in writing makes a contract for the rent of land and +obtains money or personal property from the landlord with intent to +deceive him and leaves without performing the service, refunding the +money, or paying for the property, shall be guilty of a misdemeanor. The +penalty for each of these offenses is a fine not exceeding $300, and in +default of payment, imprisonment for a period of not exceeding one year. +This Alabama statute was later amended, because it was found that there +was difficulty in proving the intent. The statute as amended was to the +effect that the failure of any person who enters into such contracts to +perform the service, or to cultivate the land, or refund the money, or pay +for the goods, shall be prima facie evidence of the intent to injure his +employer or landlord, or to defraud him. These contracts are usually +entered into under conditions which render it impossible for the employee +to overcome what the statute says shall be prima facie <ins class="correction" title="original reads 'evdence'">evidence</ins>. The +Supreme Court of Alabama has decided that an accused person shall not be +allowed to testify as to his uncommunicated motives, purposes, or +intentions, to rebut a<span class="pagenum"><a name="Page_8" id="Page_8">[Pg 8]</a></span> statutory presumption. Taking counsel of this +decision employers who make contracts with laborers are cautious that +there shall be present at the time of making the contract only the +employer and the employee. When the contract is made, the employer +advances the laborer a sum of money, or goods, or supplies, which become +the consideration for the contract, and the laborer agrees to work for +such person for a fixed period at a certain sum per month or per year. In +a case which went through all the courts, State and Federal, the laborer +agreed to work for a year at twelve dollars per month. At the time of +entering into the contract he received fifteen dollars in money, and the +employer agreed to pay him the sum of ten dollars and seventy-five cents +per month, thus deducting a dollar and a quarter each month in payment of +the fifteen dollars advanced at the making of the contract. The employee, +after having rendered service for more than a month, left his employer. He +was afterwards indicted and convicted of failing to perform his contract +and was sentenced by the court to pay a fine of thirty dollars and the +costs, and in default thereof to hard labor “for twenty days in lieu of +said fine and one hundred and sixteen days on account of said costs.” It +can be readily seen that if the laborer in this case had worked eleven +months, he would have owed the employer a dollar and a quarter, and if he +had left him might be arrested, indicted, and convicted and be made to +serve at hard labor for at least one hundred and sixteen days, the cost of +prosecuting a case involving the failure to pay one dollar and a quarter +being the same as the cost of a prosecution involving any larger sum. The +decision of the Supreme Court of the United <ins class="correction" title="original reads 'State'">States</ins>, rendered January 3, +1911, declares in effect legislation of this kind to be in violation of +the thirteenth amendment to the Constitution. It should be observed, +however, in this connection that when the decision was rendered there were +two vacancies in the court, and that two of the seven members then sitting +dissented from the opinion of the court, Mr. Justice Holmes and Mr. +Justice Lurton, Mr. Justice Holmes rendering the dissenting opinion. In +summing up, he said: “That a false representation expressed or implied at +the time of making a contract of labor that one intends to perform it, and +thereby obtaining an advance may be declared a case of fraudulently +obtaining money, as well as any other, that if made a crime it may be +punished like any other crime, and that an unjustified departure from the +promised service without repayment may be declared a sufficient cause to +go to the jury for their judgment, all without in any way infringing the +thirteenth amendment or the statutes of the United States.” The importance +of this dissenting opinion is enhanced by the reflection that if all the +vacancies in the court had been filled at the time there might have been +four concurring in the dissenting opinion rather than two, and even as it +is, the opinion being that of a divided court is a basis for the fear that +at some future<span class="pagenum"><a name="Page_9" id="Page_9">[Pg 9]</a></span> when the same question may be presented to the court, +constituted differently from what it now is, the constitutionality of +these statutes may be upheld.</p> + +<p>Another form in which peonage is practiced is by the passage of acts +making it unlawful to entice laborers to leave their employers or +landlords, or to employ persons who have left their employers without +fulfilling their contracts. Such laws are found in Alabama, Arkansas, +Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, South +Carolina, and Tennessee. It will be observed that all of these States are +former slave-holding States.</p> + +<p>A third law under which peonage is practiced, and which probably is the +most fruitful legal source is to be found in Alabama alone. It provides +that when any person who has been convicted of a misdemeanor, signs a +written contract in open court approved by the judge of the court in +consideration of another person becoming his surety on a confession of +judgment for the fine and costs, agrees to perform any service for such +person and afterwards fails or refuses to perform the service, on +conviction will be fined not less than the amount of damages which the +party contracting with him has suffered, and not more than five hundred +dollars. The statute provides that these contracts with sureties may be +filed for record in the office of the judge of probate in the county in +which the confession of judgment was had. There is an additional section +which provides for similar punishment in the cases of persons convicted of +a misdemeanor or violation of a city ordinance, who makes similar +contracts before a recorder or mayor.</p> + +<p>The laws of vagrancy are also used as a means of reducing persons to a +condition of peonage. In many of the Southern States the vagrancy laws are +exceedingly drastic, and under their enforcement by the courts almost any +person may be convicted as a vagrant, and being unable to pay his fine or +to give surety for his future good conduct may enter into a contract, with +one who does pay his fine or become his surety, to work for him, and if he +does not perform the labor may be prosecuted for violating this contract, +and for the second offense may enter into a contract for additional +service for an extended period, and thus the restraint of his liberty may +be almost interminable.</p> + +<p>The law relating to immigrant agents makes it necessary to obtain a +license in each county of the State in which the calling is carried on. +This license is made so high as to be practically prohibitive. Carrying on +the occupation of immigrant agent without a license is a misdemeanor, the +penalty for which is a fine from five hundred to five thousand dollars, +and imprisonment for a period of not exceeding one year. Laws relating to +immigrant agents are found in Alabama, Florida, Georgia, North Carolina, +and South Carolina.</p> + +<p><span class="pagenum"><a name="Page_10" id="Page_10">[Pg 10]</a></span>In addition to these, other laws, perfectly proper on their face, are +perverted to reduce persons to a condition of peonage, among which are +false pretense or false promise laws, absconding debtor laws, board-bill +laws, and in fact every ordinance, regulation, or statute defining a +misdemeanor or crime. It can readily be seen that if the States may by +legislative enactment define any act to be a crime the thirteenth +amendment may become in time a mere nullity.</p> + +<p>In a report by Hon. Charles W. Russell, Assistant Attorney General, to the +Attorney General, in 1908, appears this language:</p> + +<p>“I have no doubt from my investigations and experiences that the chief +support of peonage is the peculiar system of State laws prevailing in the +South, intended evidently to compel services on the part of the +workingman. From the usual condition of the great mass of laboring men +where these laws are enforced, to peonage is but a step at most. In fact, +it is difficult to draw a distinction between the condition of a man who +remains in service against his will, because the State has passed a +certain law under which he can be arrested and returned to work, and the +condition of a man on a nearby farm who is actually made to stay at work +by arrest and actual threats of force under the same law. The actual +spoken threat of an individual employer who makes his laborer stay at work +against his will by fear of the chain gang, and the threat of the State to +send him to the chain gang whenever his employer chooses to have him +arrested, are the same in result and do not seem to me very different in +any other way.”</p> + +<p>While the principal sources of the practice of peonage are the laws just +referred to, yet it has existed and does exist without law. The condition +of the colored man in this country is practically that of an outlaw. He is +scarcely thought of as having rights. He is distinctly told not to insist +upon his rights, but to do his duty; that rights will come as the result +of duty well performed. This is in effect to say the laws, the customs, +the institutions, which protect and defend other men are not to be invoked +by the Negro when in his opinion he needs them. A large group of men who +are looked upon after this fashion is at the mercy of any group of men who +enjoy in full vigor all that the institutions and government of their +country stand for. Therefore, it is not unusual to find that, without any +law at all, large numbers of laborers are restrained of their liberty in +quarters and in stockades, guarded by men who carry guns and deadly +weapons, and though having been convicted of no wrongdoing, are kept in +the condition of ordinary criminals. The report of the Attorney General +for the year 1907 contains a list of eighty-three complaints of peonage +pending in the Department of Justice. These complaints come from every one +of the former slave-holding States, with the exception of Missouri, and +since the publication of this report cases of peonage have been found in +that State. In view of the testimony<span class="pagenum"><a name="Page_11" id="Page_11">[Pg 11]</a></span> afforded by the laws on the statute +books of the States, the decisions of the courts, the reports of the +Department of Justice, and the testimony of persons whose character is a +warrant of its truthfulness, the practice of peonage is exactly +coterminous with that portion of the territory of the United States in +which the <ins class="correction" title="original reads 'insitution'">institution</ins> of chattel slavery formerly existed. When we +consider the historic fact that the public opinion of the States embraced +in this territory has never considered Negroes as having rights which any +one is bound to respect, and that this public opinion has been active in +opposing the conferring of all legal rights upon Negroes, and has never +ceased to exert itself to divest them of such rights as have been given +them, it can not be wondered at that, while slavery no longer exists in +this country as a legal institution, it does exist in the opinion, the +sentiment, and the practices of the people. It is difficult to determine +how extensive the practice of peonage may be or how many victims may be +held in its prison house. On this point, Assistant Attorney General +Russell says “We have discovered cases of peonage and others have been +brought to our attention, we have examined into many and obtained +indictments and convictions, but how many cases are in existence is the +same kind of a question as though the crime were pension fraud, or +counterfeiting, or public land fraud, or fraud on the revenue. Where we +have found several cases we may conclude that there are, or have been, or +are likely to be others, but this is speculation. Sometimes we feel +confident that our pounding away for nearly two years has frightened into +inactivity those who were practicing peonage in the same State with the +persons convicted and sentenced. We hear now and then of workmen being +turned loose to the right and to the left of us when prosecutions are +going on, but while it would be discouraging to think that we have not +thus reduced the evil to much smaller dimensions, I regret to say that +cases are still being discovered or reported in various directions.”</p> + +<p>The real foundation of peonage, after all, as it relates to the Negro is +the refusal to regard him as a man having rights as other men have them. +So far has wrong, and injustice, and oppression gone that not only is the +Negro outside of the consideration of the law of the land, but practically +outside of the humane and kindly regard of a majority of the white race in +the United States. Not only are laws perverted and given a special twist +and interpretation in cases where the Negro is a party to litigation, but +even words in ordinary use lose their accepted meaning when applied to +him. The word “duty,” for instance, has not a scintilla of moral +significance in it when used about or spoken to a Negro. It has purely an +industrial and economic meaning, which may be expressed in the injunction, +“Servants, obey your masters.” The word “kindness,” which implies one of +the noblest traits of human nature, when applied to a Negro means simply +that his treatment<span class="pagenum"><a name="Page_12" id="Page_12">[Pg 12]</a></span> shall not be so harsh as to cause people who are yet +included in the category of decent, to wince and protest. The denial of +right to the Negro has been progressive in the past forty years. First, he +was denied the right to vote, and we were told if he would only hold that +right in abeyance that he might enjoy other rights in fuller measure. +Many, under a misconception of the facts, accepted this view, but since +the denial of the right to vote other rights have been impaired. The right +to education in its broadest and most comprehensive sense is now +practically denied him everywhere, and if not denied the wisdom of his +receiving it is seriously questioned. The right to hold property and live +in it wherever he may purchase it is denied and restricted. The right to +work at whatever occupation he may be fitted is denied, and his +opportunities for earning a living are confined to narrower and narrower +limits each year. Even the fundamental right of a slave to petition when +the yoke is galling is denied him, and when he would assemble to formulate +just complaints in a way protected by the law of the land, he is accused +of whining and of stirring up bad feeling between the races, and so the +list might be extended indefinitely. The contest for the future must be a +constant effort to educate public opinion to the point where it will +concede to the Negro inalienable rights: The right to vote, the right to +an education in all that the term implies, the right to employment in all +occupations, the right to make of himself and of his people and of his +neighbors all that they may become under the most favored conditions. In +short, to use the phrase of Kipling, the ideal sought is, “Leave to live, +by no man’s leave, underneath the law.”</p> + +<p>The effect of the decision of the Supreme Court of the United States in +the Bailey case is to render null and of no effect all of these labor laws +which either directly or indirectly resulted in compulsory slavery. In the +Bailey case the Supreme Court held that although the State statute in +terms appeared to punish fraud, the inevitable purpose is to punish for +failure to perform contracts for labor, thus compelling such performances +and it violates the thirteenth amendment to the constitution and is +unconstitutional. And again the further principle was announced that a +constitutional prohibition can not be transgressed indirectly by court or +statutory presumption any more than by direct enactment. The Court said: +“The Thirteenth Amendment prohibits the control by coercion of the +personal services of one man for the benefit of another and that the +Federal Penal Act is violated by any State resolution which seeks to +compel the services of labor by making it a crime to fail and refuse to +perform contract employment!” This decision rendered by Mr. Justice Hughes +and dissented from by Mr. Justice Holmes, an ex-Union soldier, and Mr. +Justice Lurton, an ex-Confederate soldier, goes as far as any decision in +upholding the spirit and intent of the Thirteenth Amendment as any +decision ever rendered by this, the highest Court of the nation. However,<span class="pagenum"><a name="Page_13" id="Page_13">[Pg 13]</a></span> +this interpretation goes no further than the moral and physical fact of +compelling the service of labor. Slavery and involuntary servitude +according to the construction of the Court consist only in compelling one +to work against his will and does not relate to the thousand and one facts +of the human life by which one man might, though free in theory, be made +subservient to another man. For instance, this same Court decided, in a +case brought up from Arkansas where a Negro had, through the conspiracy of +a number of white men been prevented from pursuing his occupation as a +lumberman in a lumber district of that State, that it had no jurisdiction +in the premises; that the act involved did not raise a Federal question; +that the Negro was not the ward of the nation but an equal citizen, one +who had accepted the garb of citizenship and discarded the robe of +wardship and thereby restricted himself to pursue the remedies for wrongs +inflicted by individuals in State courts although it was argued to the +court that to prevent a man either directly or indirectly from pursuing a +calling or profession was as thoroughly to enslave him as to force him to +labor against his will.</p> + +<p> </p><p> </p> +<div class="figcenter"><img src="images/dec001.jpg" alt="" /></div> + + + + + + + + +<pre> + + + + + +End of the Project Gutenberg EBook of Peonage, by Lafayette M. Hershaw + +*** END OF THIS PROJECT GUTENBERG EBOOK PEONAGE *** + +***** This file should be named 31300-h.htm or 31300-h.zip ***** +This and all associated files of various formats will be found in: + https://www.gutenberg.org/3/1/3/0/31300/ + +Produced by Suzanne Shell, Stephanie Eason, and the Online +Distributed Proofreading Team at https://www.pgdp.net. + + +Updated editions will replace the previous one--the old editions +will be renamed. + +Creating the works from public domain print editions means that no +one owns a United States copyright in these works, so the Foundation +(and you!) can copy and distribute it in the United States without +permission and without paying copyright royalties. Special rules, +set forth in the General Terms of Use part of this license, apply to +copying and distributing Project Gutenberg-tm electronic works to +protect the PROJECT GUTENBERG-tm concept and trademark. Project +Gutenberg is a registered trademark, and may not be used if you +charge for the eBooks, unless you receive specific permission. If you +do not charge anything for copies of this eBook, complying with the +rules is very easy. You may use this eBook for nearly any purpose +such as creation of derivative works, reports, performances and +research. They may be modified and printed and given away--you may do +practically ANYTHING with public domain eBooks. Redistribution is +subject to the trademark license, especially commercial +redistribution. + + + +*** START: FULL LICENSE *** + +THE FULL PROJECT GUTENBERG LICENSE +PLEASE READ THIS BEFORE YOU DISTRIBUTE OR USE THIS WORK + +To protect the Project Gutenberg-tm mission of promoting the free +distribution of electronic works, by using or distributing this work +(or any other work associated in any way with the phrase "Project +Gutenberg"), you agree to comply with all the terms of the Full Project +Gutenberg-tm License (available with this file or online at +https://gutenberg.org/license). + + +Section 1. General Terms of Use and Redistributing Project Gutenberg-tm +electronic works + +1.A. By reading or using any part of this Project Gutenberg-tm +electronic work, you indicate that you have read, understand, agree to +and accept all the terms of this license and intellectual property +(trademark/copyright) agreement. If you do not agree to abide by all +the terms of this agreement, you must cease using and return or destroy +all copies of Project Gutenberg-tm electronic works in your possession. +If you paid a fee for obtaining a copy of or access to a Project +Gutenberg-tm electronic work and you do not agree to be bound by the +terms of this agreement, you may obtain a refund from the person or +entity to whom you paid the fee as set forth in paragraph 1.E.8. + +1.B. "Project Gutenberg" is a registered trademark. It may only be +used on or associated in any way with an electronic work by people who +agree to be bound by the terms of this agreement. There are a few +things that you can do with most Project Gutenberg-tm electronic works +even without complying with the full terms of this agreement. See +paragraph 1.C below. There are a lot of things you can do with Project +Gutenberg-tm electronic works if you follow the terms of this agreement +and help preserve free future access to Project Gutenberg-tm electronic +works. See paragraph 1.E below. + +1.C. The Project Gutenberg Literary Archive Foundation ("the Foundation" +or PGLAF), owns a compilation copyright in the collection of Project +Gutenberg-tm electronic works. Nearly all the individual works in the +collection are in the public domain in the United States. If an +individual work is in the public domain in the United States and you are +located in the United States, we do not claim a right to prevent you from +copying, distributing, performing, displaying or creating derivative +works based on the work as long as all references to Project Gutenberg +are removed. Of course, we hope that you will support the Project +Gutenberg-tm mission of promoting free access to electronic works by +freely sharing Project Gutenberg-tm works in compliance with the terms of +this agreement for keeping the Project Gutenberg-tm name associated with +the work. You can easily comply with the terms of this agreement by +keeping this work in the same format with its attached full Project +Gutenberg-tm License when you share it without charge with others. + +1.D. The copyright laws of the place where you are located also govern +what you can do with this work. Copyright laws in most countries are in +a constant state of change. If you are outside the United States, check +the laws of your country in addition to the terms of this agreement +before downloading, copying, displaying, performing, distributing or +creating derivative works based on this work or any other Project +Gutenberg-tm work. The Foundation makes no representations concerning +the copyright status of any work in any country outside the United +States. + +1.E. Unless you have removed all references to Project Gutenberg: + +1.E.1. The following sentence, with active links to, or other immediate +access to, the full Project Gutenberg-tm License must appear prominently +whenever any copy of a Project Gutenberg-tm work (any work on which the +phrase "Project Gutenberg" appears, or with which the phrase "Project +Gutenberg" is associated) is accessed, displayed, performed, viewed, +copied or distributed: + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + +1.E.2. If an individual Project Gutenberg-tm electronic work is derived +from the public domain (does not contain a notice indicating that it is +posted with permission of the copyright holder), the work can be copied +and distributed to anyone in the United States without paying any fees +or charges. If you are redistributing or providing access to a work +with the phrase "Project Gutenberg" associated with or appearing on the +work, you must comply either with the requirements of paragraphs 1.E.1 +through 1.E.7 or obtain permission for the use of the work and the +Project Gutenberg-tm trademark as set forth in paragraphs 1.E.8 or +1.E.9. + +1.E.3. If an individual Project Gutenberg-tm electronic work is posted +with the permission of the copyright holder, your use and distribution +must comply with both paragraphs 1.E.1 through 1.E.7 and any additional +terms imposed by the copyright holder. Additional terms will be linked +to the Project Gutenberg-tm License for all works posted with the +permission of the copyright holder found at the beginning of this work. + +1.E.4. Do not unlink or detach or remove the full Project Gutenberg-tm +License terms from this work, or any files containing a part of this +work or any other work associated with Project Gutenberg-tm. + +1.E.5. Do not copy, display, perform, distribute or redistribute this +electronic work, or any part of this electronic work, without +prominently displaying the sentence set forth in paragraph 1.E.1 with +active links or immediate access to the full terms of the Project +Gutenberg-tm License. + +1.E.6. You may convert to and distribute this work in any binary, +compressed, marked up, nonproprietary or proprietary form, including any +word processing or hypertext form. However, if you provide access to or +distribute copies of a Project Gutenberg-tm work in a format other than +"Plain Vanilla ASCII" or other format used in the official version +posted on the official Project Gutenberg-tm web site (www.gutenberg.org), +you must, at no additional cost, fee or expense to the user, provide a +copy, a means of exporting a copy, or a means of obtaining a copy upon +request, of the work in its original "Plain Vanilla ASCII" or other +form. Any alternate format must include the full Project Gutenberg-tm +License as specified in paragraph 1.E.1. + +1.E.7. Do not charge a fee for access to, viewing, displaying, +performing, copying or distributing any Project Gutenberg-tm works +unless you comply with paragraph 1.E.8 or 1.E.9. + +1.E.8. You may charge a reasonable fee for copies of or providing +access to or distributing Project Gutenberg-tm electronic works provided +that + +- You pay a royalty fee of 20% of the gross profits you derive from + the use of Project Gutenberg-tm works calculated using the method + you already use to calculate your applicable taxes. The fee is + owed to the owner of the Project Gutenberg-tm trademark, but he + has agreed to donate royalties under this paragraph to the + Project Gutenberg Literary Archive Foundation. Royalty payments + must be paid within 60 days following each date on which you + prepare (or are legally required to prepare) your periodic tax + returns. Royalty payments should be clearly marked as such and + sent to the Project Gutenberg Literary Archive Foundation at the + address specified in Section 4, "Information about donations to + the Project Gutenberg Literary Archive Foundation." + +- You provide a full refund of any money paid by a user who notifies + you in writing (or by e-mail) within 30 days of receipt that s/he + does not agree to the terms of the full Project Gutenberg-tm + License. You must require such a user to return or + destroy all copies of the works possessed in a physical medium + and discontinue all use of and all access to other copies of + Project Gutenberg-tm works. + +- You provide, in accordance with paragraph 1.F.3, a full refund of any + money paid for a work or a replacement copy, if a defect in the + electronic work is discovered and reported to you within 90 days + of receipt of the work. + +- You comply with all other terms of this agreement for free + distribution of Project Gutenberg-tm works. + +1.E.9. If you wish to charge a fee or distribute a Project Gutenberg-tm +electronic work or group of works on different terms than are set +forth in this agreement, you must obtain permission in writing from +both the Project Gutenberg Literary Archive Foundation and Michael +Hart, the owner of the Project Gutenberg-tm trademark. Contact the +Foundation as set forth in Section 3 below. + +1.F. + +1.F.1. Project Gutenberg volunteers and employees expend considerable +effort to identify, do copyright research on, transcribe and proofread +public domain works in creating the Project Gutenberg-tm +collection. Despite these efforts, Project Gutenberg-tm electronic +works, and the medium on which they may be stored, may contain +"Defects," such as, but not limited to, incomplete, inaccurate or +corrupt data, transcription errors, a copyright or other intellectual +property infringement, a defective or damaged disk or other medium, a +computer virus, or computer codes that damage or cannot be read by +your equipment. + +1.F.2. LIMITED WARRANTY, DISCLAIMER OF DAMAGES - Except for the "Right +of Replacement or Refund" described in paragraph 1.F.3, the Project +Gutenberg Literary Archive Foundation, the owner of the Project +Gutenberg-tm trademark, and any other party distributing a Project +Gutenberg-tm electronic work under this agreement, disclaim all +liability to you for damages, costs and expenses, including legal +fees. YOU AGREE THAT YOU HAVE NO REMEDIES FOR NEGLIGENCE, STRICT +LIABILITY, BREACH OF WARRANTY OR BREACH OF CONTRACT EXCEPT THOSE +PROVIDED IN PARAGRAPH F3. YOU AGREE THAT THE FOUNDATION, THE +TRADEMARK OWNER, AND ANY DISTRIBUTOR UNDER THIS AGREEMENT WILL NOT BE +LIABLE TO YOU FOR ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR +INCIDENTAL DAMAGES EVEN IF YOU GIVE NOTICE OF THE POSSIBILITY OF SUCH +DAMAGE. + +1.F.3. LIMITED RIGHT OF REPLACEMENT OR REFUND - If you discover a +defect in this electronic work within 90 days of receiving it, you can +receive a refund of the money (if any) you paid for it by sending a +written explanation to the person you received the work from. If you +received the work on a physical medium, you must return the medium with +your written explanation. The person or entity that provided you with +the defective work may elect to provide a replacement copy in lieu of a +refund. If you received the work electronically, the person or entity +providing it to you may choose to give you a second opportunity to +receive the work electronically in lieu of a refund. If the second copy +is also defective, you may demand a refund in writing without further +opportunities to fix the problem. + +1.F.4. Except for the limited right of replacement or refund set forth +in paragraph 1.F.3, this work is provided to you 'AS-IS' WITH NO OTHER +WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO +WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR ANY PURPOSE. + +1.F.5. Some states do not allow disclaimers of certain implied +warranties or the exclusion or limitation of certain types of damages. +If any disclaimer or limitation set forth in this agreement violates the +law of the state applicable to this agreement, the agreement shall be +interpreted to make the maximum disclaimer or limitation permitted by +the applicable state law. The invalidity or unenforceability of any +provision of this agreement shall not void the remaining provisions. + +1.F.6. INDEMNITY - You agree to indemnify and hold the Foundation, the +trademark owner, any agent or employee of the Foundation, anyone +providing copies of Project Gutenberg-tm electronic works in accordance +with this agreement, and any volunteers associated with the production, +promotion and distribution of Project Gutenberg-tm electronic works, +harmless from all liability, costs and expenses, including legal fees, +that arise directly or indirectly from any of the following which you do +or cause to occur: (a) distribution of this or any Project Gutenberg-tm +work, (b) alteration, modification, or additions or deletions to any +Project Gutenberg-tm work, and (c) any Defect you cause. + + +Section 2. Information about the Mission of Project Gutenberg-tm + +Project Gutenberg-tm is synonymous with the free distribution of +electronic works in formats readable by the widest variety of computers +including obsolete, old, middle-aged and new computers. It exists +because of the efforts of hundreds of volunteers and donations from +people in all walks of life. + +Volunteers and financial support to provide volunteers with the +assistance they need are critical to reaching Project Gutenberg-tm's +goals and ensuring that the Project Gutenberg-tm collection will +remain freely available for generations to come. In 2001, the Project +Gutenberg Literary Archive Foundation was created to provide a secure +and permanent future for Project Gutenberg-tm and future generations. +To learn more about the Project Gutenberg Literary Archive Foundation +and how your efforts and donations can help, see Sections 3 and 4 +and the Foundation web page at https://www.pglaf.org. + + +Section 3. Information about the Project Gutenberg Literary Archive +Foundation + +The Project Gutenberg Literary Archive Foundation is a non profit +501(c)(3) educational corporation organized under the laws of the +state of Mississippi and granted tax exempt status by the Internal +Revenue Service. The Foundation's EIN or federal tax identification +number is 64-6221541. Its 501(c)(3) letter is posted at +https://pglaf.org/fundraising. Contributions to the Project Gutenberg +Literary Archive Foundation are tax deductible to the full extent +permitted by U.S. federal laws and your state's laws. + +The Foundation's principal office is located at 4557 Melan Dr. S. +Fairbanks, AK, 99712., but its volunteers and employees are scattered +throughout numerous locations. Its business office is located at +809 North 1500 West, Salt Lake City, UT 84116, (801) 596-1887, email +business@pglaf.org. Email contact links and up to date contact +information can be found at the Foundation's web site and official +page at https://pglaf.org + +For additional contact information: + Dr. Gregory B. Newby + Chief Executive and Director + gbnewby@pglaf.org + + +Section 4. Information about Donations to the Project Gutenberg +Literary Archive Foundation + +Project Gutenberg-tm depends upon and cannot survive without wide +spread public support and donations to carry out its mission of +increasing the number of public domain and licensed works that can be +freely distributed in machine readable form accessible by the widest +array of equipment including outdated equipment. Many small donations +($1 to $5,000) are particularly important to maintaining tax exempt +status with the IRS. + +The Foundation is committed to complying with the laws regulating +charities and charitable donations in all 50 states of the United +States. Compliance requirements are not uniform and it takes a +considerable effort, much paperwork and many fees to meet and keep up +with these requirements. We do not solicit donations in locations +where we have not received written confirmation of compliance. To +SEND DONATIONS or determine the status of compliance for any +particular state visit https://pglaf.org + +While we cannot and do not solicit contributions from states where we +have not met the solicitation requirements, we know of no prohibition +against accepting unsolicited donations from donors in such states who +approach us with offers to donate. + +International donations are gratefully accepted, but we cannot make +any statements concerning tax treatment of donations received from +outside the United States. U.S. laws alone swamp our small staff. + +Please check the Project Gutenberg Web pages for current donation +methods and addresses. Donations are accepted in a number of other +ways including including checks, online payments and credit card +donations. To donate, please visit: https://pglaf.org/donate + + +Section 5. General Information About Project Gutenberg-tm electronic +works. + +Professor Michael S. Hart was the originator of the Project Gutenberg-tm +concept of a library of electronic works that could be freely shared +with anyone. For thirty years, he produced and distributed Project +Gutenberg-tm eBooks with only a loose network of volunteer support. + + +Project Gutenberg-tm eBooks are often created from several printed +editions, all of which are confirmed as Public Domain in the U.S. +unless a copyright notice is included. Thus, we do not necessarily +keep eBooks in compliance with any particular paper edition. + + +Most people start at our Web site which has the main PG search facility: + + https://www.gutenberg.org + +This Web site includes information about Project Gutenberg-tm, +including how to make donations to the Project Gutenberg Literary +Archive Foundation, how to help produce our new eBooks, and how to +subscribe to our email newsletter to hear about new eBooks. + + +</pre> + +</body> +</html> + diff --git a/31300-h/images/dec001.jpg b/31300-h/images/dec001.jpg Binary files differnew file mode 100644 index 0000000..8770023 --- /dev/null +++ b/31300-h/images/dec001.jpg diff --git a/31300.txt b/31300.txt new file mode 100644 index 0000000..a26efce --- /dev/null +++ b/31300.txt @@ -0,0 +1,809 @@ +The Project Gutenberg EBook of Peonage, by Lafayette M. Hershaw + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: Peonage + The American Negro Academy. Occasional Papers No. 15 + +Author: Lafayette M. Hershaw + +Release Date: February 17, 2010 [EBook #31300] + +Language: English + +Character set encoding: ASCII + +*** START OF THIS PROJECT GUTENBERG EBOOK PEONAGE *** + + + + +Produced by Suzanne Shell, Stephanie Eason, and the Online +Distributed Proofreading Team at https://www.pgdp.net. + + + + + + + + + + OCCASIONAL PAPERS, NO. 15. + + The American Negro Academy. + + + PEONAGE + + --BY-- + LAFAYETTE M. HERSHAW + + + PRICE : : 15 CTS. + + WASHINGTON, D. C.: + PUBLISHED BY THE ACADEMY + 1915 + + + + +PEONAGE + +BY LAFAYETTE M. HERSHAW + + +The Negro was kidnapped from the shores of Africa and brought into the +Western Hemisphere at the beginning of the sixteenth century in order to +meet the conditions growing out of an acute labor problem. The greedy and +adventurous Spaniard had come to these shores in quest of gold, and after +years of experiment he discovered that the Indian who lived in the islands +and on the coast of the New World, either would not or was not physically +able to perform the heavy labor of extracting gold from the mines. To meet +his greedy quest, it was then necessary to look elsewhere to find the man +who was feeble enough in will and strong enough in body to meet the +conditions which then presented themselves. The African was that man. It +is not the purpose of these reflections to deal with the institution of +slavery other than to point out that what slavery is appears altogether +from the point of view of the one who discusses it. It is common nowadays +to refer to it as a practical institution by means of which the savage +African was brought under the beneficent influences of Christianity, +taught the English language, and the joy of intelligently directed labor. +But before the beginning of the institution as a means of meeting the +needs of work, the moralist considered it as the sum of all villanies, the +reformer termed it the negation of all right. But the economist looks at +it as a system of labor, and the historian and philosopher, as a step in +the progress of the human race from the time when savages were put to +death when taken in battle to the time when men realized that they could +eat bread by the sweat of other men's faces. + +It is a remarkable concurrence of historical facts that the opening of the +Panama Canal will be precisely the four hundredth anniversary of the +introduction of Negro slavery into the Western Hemisphere. Most of those +centuries were passed without any alleviation of the condition of the +chattel slave. The Liberal and Revolutionary movements of the eighteenth +and nineteenth centuries brought about the downfall of chattel slavery as +a system of labor in the civilized world. Immediately succeeding the +emancipation of the slave from chattelism, slavery reappeared in a new +form. The former slave-holding states enacted a series of so-called "Labor +Laws" intended to apply exclusively to the recently emancipated slaves, +which at that time so outraged public sentiment that the American nation +just emerged from the great war, intending to destroy every vestige of +slavery and its incidents, conferred upon the Negro the common and +universal legal rights which pertained to white men throughout the English +speaking world. It was evidently the thought and purpose of the men of +that day to cure in the light of the formulas and promises of their +fundamental charters the curse that had been a sore to civilization for +years. And for a time it looked as though they had done so, but of late +years there has grown up a series of laws and court decisions giving +distinct recognition to the fact of Race, and in spite of the +constitutional guaranties, differentiating at least in the matter of the +enjoyment of rights as between white men and black men. This paper is +concerned merely with those distinctive laws which relate to labor. + +In all English speaking countries the freedom of labor has been a +fundamental principle of the law, and the freedom of contract has been +absolutely unlimited and unhampered, as was also the right to abrogate or +to disregard the contract of labor on the part of the laborer, there being +no remedy of specific performance against him. The failure to observe the +contract of employment was never, until recently, regarded as a criminal +offense, and the only remedy that the employer had against the employee +who willfully or who for good reason or for no reason refused to live up +to his contract was an action for damages sustained. Of late years there +has grown up in the former slave-holding states of the South a series of +laws which abrogate all this well-known and time-honored common law +principle. + +Does peonage exist in any part of the United States to-day? The question +is answered both in the affirmative and in the negative. Those who deny +the existence of peonage assert that merely the voluntary or involuntary +service or labor of a person in payment of a debt or obligation is not +peonage; that it is not the system of peonage as practiced in +Spanish-American countries and in Mexico; that there is in this country +nothing resembling the Spanish or Mexican peonage system. It is probably +true that there are no laws on statute books which resemble the laws under +which peonage is practiced in Mexico, and under which it was practiced in +New Mexico and Arizona before they became parts of the United States. The +thirteenth amendment to the Constitution of the United States forbids such +laws, and certain acts of Congress have been passed which render that +amendment effective. It is therefore to be presumed that no State which +desired to establish a system of forced labor would pass a law which, on +its face, would be in violation of the thirteenth amendment, or of the +laws of Congress passed in pursuance of it. The counterfeiter has before +him the task of making false money to look as much like genuine money as +possible. The maker of laws violative of fundamental rights has before him +the task of doing the forbidden thing in a way which will as nearly as +possible conceal the fact that it has been done. What peonage is, has been +defined by the United States Supreme Court. + +Justice Brewer said: "It may be defined as a status or condition of +compulsory service based upon the indebtedness of the peon to the master. +The basal fact is indebtedness. One fact exists universally, all were +indebted to their masters. This was the cord by which they seemed bound to +their masters' service." Therefore, wherever we have compulsory service +for debt, we have peonage, it matters not by what method the result is +attained. There are to-day in certainly six states, and probably in ten, +in which the institution of slavery formerly existed, laws which make it +possible to compel men to render service against their will, and that too +when they have committed no act which, outside of those States would be +held to be a crime in any English-speaking community. + +For convenience, these laws may be classed under at least five heads: +Contracts of employment, enticement of laborers to quit their employers, +violation of a contract with a surety by one convicted of a misdemeanor, +the laws of vagrancy, and the laws relating to immigrant agents. + +The laws relating to contracts of employment are to be found on the +statute books of six States--Alabama, Florida, Georgia, Mississippi, North +Carolina, and South Carolina. These laws are very similar in their +phraseology and in the penalties attached to their violation in all of +these States. The Alabama law, which has recently been declared +unconstitutional by the Supreme Court of the United States, may serve as +an example. It provides, in short, that any person who enters into a +contract in writing to perform any service for another and thereby obtains +money or other personal property from such person with intent to defraud +the person, and who leaves his service without performing the act or +refunding the money or goods, shall be guilty of a misdemeanor; or, that +any person who in writing makes a contract for the rent of land and +obtains money or personal property from the landlord with intent to +deceive him and leaves without performing the service, refunding the +money, or paying for the property, shall be guilty of a misdemeanor. The +penalty for each of these offenses is a fine not exceeding $300, and in +default of payment, imprisonment for a period of not exceeding one year. +This Alabama statute was later amended, because it was found that there +was difficulty in proving the intent. The statute as amended was to the +effect that the failure of any person who enters into such contracts to +perform the service, or to cultivate the land, or refund the money, or pay +for the goods, shall be prima facie evidence of the intent to injure his +employer or landlord, or to defraud him. These contracts are usually +entered into under conditions which render it impossible for the employee +to overcome what the statute says shall be prima facie evidence. The +Supreme Court of Alabama has decided that an accused person shall not be +allowed to testify as to his uncommunicated motives, purposes, or +intentions, to rebut a statutory presumption. Taking counsel of this +decision employers who make contracts with laborers are cautious that +there shall be present at the time of making the contract only the +employer and the employee. When the contract is made, the employer +advances the laborer a sum of money, or goods, or supplies, which become +the consideration for the contract, and the laborer agrees to work for +such person for a fixed period at a certain sum per month or per year. In +a case which went through all the courts, State and Federal, the laborer +agreed to work for a year at twelve dollars per month. At the time of +entering into the contract he received fifteen dollars in money, and the +employer agreed to pay him the sum of ten dollars and seventy-five cents +per month, thus deducting a dollar and a quarter each month in payment of +the fifteen dollars advanced at the making of the contract. The employee, +after having rendered service for more than a month, left his employer. He +was afterwards indicted and convicted of failing to perform his contract +and was sentenced by the court to pay a fine of thirty dollars and the +costs, and in default thereof to hard labor "for twenty days in lieu of +said fine and one hundred and sixteen days on account of said costs." It +can be readily seen that if the laborer in this case had worked eleven +months, he would have owed the employer a dollar and a quarter, and if he +had left him might be arrested, indicted, and convicted and be made to +serve at hard labor for at least one hundred and sixteen days, the cost of +prosecuting a case involving the failure to pay one dollar and a quarter +being the same as the cost of a prosecution involving any larger sum. The +decision of the Supreme Court of the United States, rendered January 3, +1911, declares in effect legislation of this kind to be in violation of +the thirteenth amendment to the Constitution. It should be observed, +however, in this connection that when the decision was rendered there were +two vacancies in the court, and that two of the seven members then sitting +dissented from the opinion of the court, Mr. Justice Holmes and Mr. +Justice Lurton, Mr. Justice Holmes rendering the dissenting opinion. In +summing up, he said: "That a false representation expressed or implied at +the time of making a contract of labor that one intends to perform it, and +thereby obtaining an advance may be declared a case of fraudulently +obtaining money, as well as any other, that if made a crime it may be +punished like any other crime, and that an unjustified departure from the +promised service without repayment may be declared a sufficient cause to +go to the jury for their judgment, all without in any way infringing the +thirteenth amendment or the statutes of the United States." The importance +of this dissenting opinion is enhanced by the reflection that if all the +vacancies in the court had been filled at the time there might have been +four concurring in the dissenting opinion rather than two, and even as it +is, the opinion being that of a divided court is a basis for the fear that +at some future when the same question may be presented to the court, +constituted differently from what it now is, the constitutionality of +these statutes may be upheld. + +Another form in which peonage is practiced is by the passage of acts +making it unlawful to entice laborers to leave their employers or +landlords, or to employ persons who have left their employers without +fulfilling their contracts. Such laws are found in Alabama, Arkansas, +Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, South +Carolina, and Tennessee. It will be observed that all of these States are +former slave-holding States. + +A third law under which peonage is practiced, and which probably is the +most fruitful legal source is to be found in Alabama alone. It provides +that when any person who has been convicted of a misdemeanor, signs a +written contract in open court approved by the judge of the court in +consideration of another person becoming his surety on a confession of +judgment for the fine and costs, agrees to perform any service for such +person and afterwards fails or refuses to perform the service, on +conviction will be fined not less than the amount of damages which the +party contracting with him has suffered, and not more than five hundred +dollars. The statute provides that these contracts with sureties may be +filed for record in the office of the judge of probate in the county in +which the confession of judgment was had. There is an additional section +which provides for similar punishment in the cases of persons convicted of +a misdemeanor or violation of a city ordinance, who makes similar +contracts before a recorder or mayor. + +The laws of vagrancy are also used as a means of reducing persons to a +condition of peonage. In many of the Southern States the vagrancy laws are +exceedingly drastic, and under their enforcement by the courts almost any +person may be convicted as a vagrant, and being unable to pay his fine or +to give surety for his future good conduct may enter into a contract, with +one who does pay his fine or become his surety, to work for him, and if he +does not perform the labor may be prosecuted for violating this contract, +and for the second offense may enter into a contract for additional +service for an extended period, and thus the restraint of his liberty may +be almost interminable. + +The law relating to immigrant agents makes it necessary to obtain a +license in each county of the State in which the calling is carried on. +This license is made so high as to be practically prohibitive. Carrying on +the occupation of immigrant agent without a license is a misdemeanor, the +penalty for which is a fine from five hundred to five thousand dollars, +and imprisonment for a period of not exceeding one year. Laws relating to +immigrant agents are found in Alabama, Florida, Georgia, North Carolina, +and South Carolina. + +In addition to these, other laws, perfectly proper on their face, are +perverted to reduce persons to a condition of peonage, among which are +false pretense or false promise laws, absconding debtor laws, board-bill +laws, and in fact every ordinance, regulation, or statute defining a +misdemeanor or crime. It can readily be seen that if the States may by +legislative enactment define any act to be a crime the thirteenth +amendment may become in time a mere nullity. + +In a report by Hon. Charles W. Russell, Assistant Attorney General, to the +Attorney General, in 1908, appears this language: + +"I have no doubt from my investigations and experiences that the chief +support of peonage is the peculiar system of State laws prevailing in the +South, intended evidently to compel services on the part of the +workingman. From the usual condition of the great mass of laboring men +where these laws are enforced, to peonage is but a step at most. In fact, +it is difficult to draw a distinction between the condition of a man who +remains in service against his will, because the State has passed a +certain law under which he can be arrested and returned to work, and the +condition of a man on a nearby farm who is actually made to stay at work +by arrest and actual threats of force under the same law. The actual +spoken threat of an individual employer who makes his laborer stay at work +against his will by fear of the chain gang, and the threat of the State to +send him to the chain gang whenever his employer chooses to have him +arrested, are the same in result and do not seem to me very different in +any other way." + +While the principal sources of the practice of peonage are the laws just +referred to, yet it has existed and does exist without law. The condition +of the colored man in this country is practically that of an outlaw. He is +scarcely thought of as having rights. He is distinctly told not to insist +upon his rights, but to do his duty; that rights will come as the result +of duty well performed. This is in effect to say the laws, the customs, +the institutions, which protect and defend other men are not to be invoked +by the Negro when in his opinion he needs them. A large group of men who +are looked upon after this fashion is at the mercy of any group of men who +enjoy in full vigor all that the institutions and government of their +country stand for. Therefore, it is not unusual to find that, without any +law at all, large numbers of laborers are restrained of their liberty in +quarters and in stockades, guarded by men who carry guns and deadly +weapons, and though having been convicted of no wrongdoing, are kept in +the condition of ordinary criminals. The report of the Attorney General +for the year 1907 contains a list of eighty-three complaints of peonage +pending in the Department of Justice. These complaints come from every one +of the former slave-holding States, with the exception of Missouri, and +since the publication of this report cases of peonage have been found in +that State. In view of the testimony afforded by the laws on the statute +books of the States, the decisions of the courts, the reports of the +Department of Justice, and the testimony of persons whose character is a +warrant of its truthfulness, the practice of peonage is exactly +coterminous with that portion of the territory of the United States in +which the institution of chattel slavery formerly existed. When we +consider the historic fact that the public opinion of the States embraced +in this territory has never considered Negroes as having rights which any +one is bound to respect, and that this public opinion has been active in +opposing the conferring of all legal rights upon Negroes, and has never +ceased to exert itself to divest them of such rights as have been given +them, it can not be wondered at that, while slavery no longer exists in +this country as a legal institution, it does exist in the opinion, the +sentiment, and the practices of the people. It is difficult to determine +how extensive the practice of peonage may be or how many victims may be +held in its prison house. On this point, Assistant Attorney General +Russell says "We have discovered cases of peonage and others have been +brought to our attention, we have examined into many and obtained +indictments and convictions, but how many cases are in existence is the +same kind of a question as though the crime were pension fraud, or +counterfeiting, or public land fraud, or fraud on the revenue. Where we +have found several cases we may conclude that there are, or have been, or +are likely to be others, but this is speculation. Sometimes we feel +confident that our pounding away for nearly two years has frightened into +inactivity those who were practicing peonage in the same State with the +persons convicted and sentenced. We hear now and then of workmen being +turned loose to the right and to the left of us when prosecutions are +going on, but while it would be discouraging to think that we have not +thus reduced the evil to much smaller dimensions, I regret to say that +cases are still being discovered or reported in various directions." + +The real foundation of peonage, after all, as it relates to the Negro is +the refusal to regard him as a man having rights as other men have them. +So far has wrong, and injustice, and oppression gone that not only is the +Negro outside of the consideration of the law of the land, but practically +outside of the humane and kindly regard of a majority of the white race in +the United States. Not only are laws perverted and given a special twist +and interpretation in cases where the Negro is a party to litigation, but +even words in ordinary use lose their accepted meaning when applied to +him. The word "duty," for instance, has not a scintilla of moral +significance in it when used about or spoken to a Negro. It has purely an +industrial and economic meaning, which may be expressed in the injunction, +"Servants, obey your masters." The word "kindness," which implies one of +the noblest traits of human nature, when applied to a Negro means simply +that his treatment shall not be so harsh as to cause people who are yet +included in the category of decent, to wince and protest. The denial of +right to the Negro has been progressive in the past forty years. First, he +was denied the right to vote, and we were told if he would only hold that +right in abeyance that he might enjoy other rights in fuller measure. +Many, under a misconception of the facts, accepted this view, but since +the denial of the right to vote other rights have been impaired. The right +to education in its broadest and most comprehensive sense is now +practically denied him everywhere, and if not denied the wisdom of his +receiving it is seriously questioned. The right to hold property and live +in it wherever he may purchase it is denied and restricted. The right to +work at whatever occupation he may be fitted is denied, and his +opportunities for earning a living are confined to narrower and narrower +limits each year. Even the fundamental right of a slave to petition when +the yoke is galling is denied him, and when he would assemble to formulate +just complaints in a way protected by the law of the land, he is accused +of whining and of stirring up bad feeling between the races, and so the +list might be extended indefinitely. The contest for the future must be a +constant effort to educate public opinion to the point where it will +concede to the Negro inalienable rights: The right to vote, the right to +an education in all that the term implies, the right to employment in all +occupations, the right to make of himself and of his people and of his +neighbors all that they may become under the most favored conditions. In +short, to use the phrase of Kipling, the ideal sought is, "Leave to live, +by no man's leave, underneath the law." + +The effect of the decision of the Supreme Court of the United States in +the Bailey case is to render null and of no effect all of these labor laws +which either directly or indirectly resulted in compulsory slavery. In the +Bailey case the Supreme Court held that although the State statute in +terms appeared to punish fraud, the inevitable purpose is to punish for +failure to perform contracts for labor, thus compelling such performances +and it violates the thirteenth amendment to the constitution and is +unconstitutional. And again the further principle was announced that a +constitutional prohibition can not be transgressed indirectly by court or +statutory presumption any more than by direct enactment. The Court said: +"The Thirteenth Amendment prohibits the control by coercion of the +personal services of one man for the benefit of another and that the +Federal Penal Act is violated by any State resolution which seeks to +compel the services of labor by making it a crime to fail and refuse to +perform contract employment!" This decision rendered by Mr. Justice Hughes +and dissented from by Mr. Justice Holmes, an ex-Union soldier, and Mr. +Justice Lurton, an ex-Confederate soldier, goes as far as any decision in +upholding the spirit and intent of the Thirteenth Amendment as any +decision ever rendered by this, the highest Court of the nation. However, +this interpretation goes no further than the moral and physical fact of +compelling the service of labor. Slavery and involuntary servitude +according to the construction of the Court consist only in compelling one +to work against his will and does not relate to the thousand and one facts +of the human life by which one man might, though free in theory, be made +subservient to another man. For instance, this same Court decided, in a +case brought up from Arkansas where a Negro had, through the conspiracy of +a number of white men been prevented from pursuing his occupation as a +lumberman in a lumber district of that State, that it had no jurisdiction +in the premises; that the act involved did not raise a Federal question; +that the Negro was not the ward of the nation but an equal citizen, one +who had accepted the garb of citizenship and discarded the robe of +wardship and thereby restricted himself to pursue the remedies for wrongs +inflicted by individuals in State courts although it was argued to the +court that to prevent a man either directly or indirectly from pursuing a +calling or profession was as thoroughly to enslave him as to force him to +labor against his will. + + + + +Transcriber's Notes: + +The following misprints have been corrected: + "evdence" corrected to "evidence" (page 7) + "State" corrected to "States" (page 8) + "insitution" corrected to "institution" (page 11) + + + + + + +End of the Project Gutenberg EBook of Peonage, by Lafayette M. Hershaw + +*** END OF THIS PROJECT GUTENBERG EBOOK PEONAGE *** + +***** This file should be named 31300.txt or 31300.zip ***** +This and all associated files of various formats will be found in: + https://www.gutenberg.org/3/1/3/0/31300/ + +Produced by Suzanne Shell, Stephanie Eason, and the Online +Distributed Proofreading Team at https://www.pgdp.net. + + +Updated editions will replace the previous one--the old editions +will be renamed. + +Creating the works from public domain print editions means that no +one owns a United States copyright in these works, so the Foundation +(and you!) can copy and distribute it in the United States without +permission and without paying copyright royalties. Special rules, +set forth in the General Terms of Use part of this license, apply to +copying and distributing Project Gutenberg-tm electronic works to +protect the PROJECT GUTENBERG-tm concept and trademark. Project +Gutenberg is a registered trademark, and may not be used if you +charge for the eBooks, unless you receive specific permission. If you +do not charge anything for copies of this eBook, complying with the +rules is very easy. You may use this eBook for nearly any purpose +such as creation of derivative works, reports, performances and +research. They may be modified and printed and given away--you may do +practically ANYTHING with public domain eBooks. Redistribution is +subject to the trademark license, especially commercial +redistribution. + + + +*** START: FULL LICENSE *** + +THE FULL PROJECT GUTENBERG LICENSE +PLEASE READ THIS BEFORE YOU DISTRIBUTE OR USE THIS WORK + +To protect the Project Gutenberg-tm mission of promoting the free +distribution of electronic works, by using or distributing this work +(or any other work associated in any way with the phrase "Project +Gutenberg"), you agree to comply with all the terms of the Full Project +Gutenberg-tm License (available with this file or online at +https://gutenberg.org/license). + + +Section 1. General Terms of Use and Redistributing Project Gutenberg-tm +electronic works + +1.A. By reading or using any part of this Project Gutenberg-tm +electronic work, you indicate that you have read, understand, agree to +and accept all the terms of this license and intellectual property +(trademark/copyright) agreement. If you do not agree to abide by all +the terms of this agreement, you must cease using and return or destroy +all copies of Project Gutenberg-tm electronic works in your possession. +If you paid a fee for obtaining a copy of or access to a Project +Gutenberg-tm electronic work and you do not agree to be bound by the +terms of this agreement, you may obtain a refund from the person or +entity to whom you paid the fee as set forth in paragraph 1.E.8. + +1.B. "Project Gutenberg" is a registered trademark. It may only be +used on or associated in any way with an electronic work by people who +agree to be bound by the terms of this agreement. There are a few +things that you can do with most Project Gutenberg-tm electronic works +even without complying with the full terms of this agreement. See +paragraph 1.C below. There are a lot of things you can do with Project +Gutenberg-tm electronic works if you follow the terms of this agreement +and help preserve free future access to Project Gutenberg-tm electronic +works. See paragraph 1.E below. + +1.C. The Project Gutenberg Literary Archive Foundation ("the Foundation" +or PGLAF), owns a compilation copyright in the collection of Project +Gutenberg-tm electronic works. Nearly all the individual works in the +collection are in the public domain in the United States. If an +individual work is in the public domain in the United States and you are +located in the United States, we do not claim a right to prevent you from +copying, distributing, performing, displaying or creating derivative +works based on the work as long as all references to Project Gutenberg +are removed. Of course, we hope that you will support the Project +Gutenberg-tm mission of promoting free access to electronic works by +freely sharing Project Gutenberg-tm works in compliance with the terms of +this agreement for keeping the Project Gutenberg-tm name associated with +the work. You can easily comply with the terms of this agreement by +keeping this work in the same format with its attached full Project +Gutenberg-tm License when you share it without charge with others. + +1.D. The copyright laws of the place where you are located also govern +what you can do with this work. Copyright laws in most countries are in +a constant state of change. If you are outside the United States, check +the laws of your country in addition to the terms of this agreement +before downloading, copying, displaying, performing, distributing or +creating derivative works based on this work or any other Project +Gutenberg-tm work. The Foundation makes no representations concerning +the copyright status of any work in any country outside the United +States. + +1.E. Unless you have removed all references to Project Gutenberg: + +1.E.1. The following sentence, with active links to, or other immediate +access to, the full Project Gutenberg-tm License must appear prominently +whenever any copy of a Project Gutenberg-tm work (any work on which the +phrase "Project Gutenberg" appears, or with which the phrase "Project +Gutenberg" is associated) is accessed, displayed, performed, viewed, +copied or distributed: + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + +1.E.2. If an individual Project Gutenberg-tm electronic work is derived +from the public domain (does not contain a notice indicating that it is +posted with permission of the copyright holder), the work can be copied +and distributed to anyone in the United States without paying any fees +or charges. If you are redistributing or providing access to a work +with the phrase "Project Gutenberg" associated with or appearing on the +work, you must comply either with the requirements of paragraphs 1.E.1 +through 1.E.7 or obtain permission for the use of the work and the +Project Gutenberg-tm trademark as set forth in paragraphs 1.E.8 or +1.E.9. + +1.E.3. If an individual Project Gutenberg-tm electronic work is posted +with the permission of the copyright holder, your use and distribution +must comply with both paragraphs 1.E.1 through 1.E.7 and any additional +terms imposed by the copyright holder. Additional terms will be linked +to the Project Gutenberg-tm License for all works posted with the +permission of the copyright holder found at the beginning of this work. + +1.E.4. Do not unlink or detach or remove the full Project Gutenberg-tm +License terms from this work, or any files containing a part of this +work or any other work associated with Project Gutenberg-tm. + +1.E.5. Do not copy, display, perform, distribute or redistribute this +electronic work, or any part of this electronic work, without +prominently displaying the sentence set forth in paragraph 1.E.1 with +active links or immediate access to the full terms of the Project +Gutenberg-tm License. + +1.E.6. You may convert to and distribute this work in any binary, +compressed, marked up, nonproprietary or proprietary form, including any +word processing or hypertext form. However, if you provide access to or +distribute copies of a Project Gutenberg-tm work in a format other than +"Plain Vanilla ASCII" or other format used in the official version +posted on the official Project Gutenberg-tm web site (www.gutenberg.org), +you must, at no additional cost, fee or expense to the user, provide a +copy, a means of exporting a copy, or a means of obtaining a copy upon +request, of the work in its original "Plain Vanilla ASCII" or other +form. Any alternate format must include the full Project Gutenberg-tm +License as specified in paragraph 1.E.1. + +1.E.7. Do not charge a fee for access to, viewing, displaying, +performing, copying or distributing any Project Gutenberg-tm works +unless you comply with paragraph 1.E.8 or 1.E.9. + +1.E.8. You may charge a reasonable fee for copies of or providing +access to or distributing Project Gutenberg-tm electronic works provided +that + +- You pay a royalty fee of 20% of the gross profits you derive from + the use of Project Gutenberg-tm works calculated using the method + you already use to calculate your applicable taxes. The fee is + owed to the owner of the Project Gutenberg-tm trademark, but he + has agreed to donate royalties under this paragraph to the + Project Gutenberg Literary Archive Foundation. Royalty payments + must be paid within 60 days following each date on which you + prepare (or are legally required to prepare) your periodic tax + returns. Royalty payments should be clearly marked as such and + sent to the Project Gutenberg Literary Archive Foundation at the + address specified in Section 4, "Information about donations to + the Project Gutenberg Literary Archive Foundation." + +- You provide a full refund of any money paid by a user who notifies + you in writing (or by e-mail) within 30 days of receipt that s/he + does not agree to the terms of the full Project Gutenberg-tm + License. You must require such a user to return or + destroy all copies of the works possessed in a physical medium + and discontinue all use of and all access to other copies of + Project Gutenberg-tm works. + +- You provide, in accordance with paragraph 1.F.3, a full refund of any + money paid for a work or a replacement copy, if a defect in the + electronic work is discovered and reported to you within 90 days + of receipt of the work. + +- You comply with all other terms of this agreement for free + distribution of Project Gutenberg-tm works. + +1.E.9. If you wish to charge a fee or distribute a Project Gutenberg-tm +electronic work or group of works on different terms than are set +forth in this agreement, you must obtain permission in writing from +both the Project Gutenberg Literary Archive Foundation and Michael +Hart, the owner of the Project Gutenberg-tm trademark. Contact the +Foundation as set forth in Section 3 below. + +1.F. + +1.F.1. Project Gutenberg volunteers and employees expend considerable +effort to identify, do copyright research on, transcribe and proofread +public domain works in creating the Project Gutenberg-tm +collection. Despite these efforts, Project Gutenberg-tm electronic +works, and the medium on which they may be stored, may contain +"Defects," such as, but not limited to, incomplete, inaccurate or +corrupt data, transcription errors, a copyright or other intellectual +property infringement, a defective or damaged disk or other medium, a +computer virus, or computer codes that damage or cannot be read by +your equipment. + +1.F.2. LIMITED WARRANTY, DISCLAIMER OF DAMAGES - Except for the "Right +of Replacement or Refund" described in paragraph 1.F.3, the Project +Gutenberg Literary Archive Foundation, the owner of the Project +Gutenberg-tm trademark, and any other party distributing a Project +Gutenberg-tm electronic work under this agreement, disclaim all +liability to you for damages, costs and expenses, including legal +fees. YOU AGREE THAT YOU HAVE NO REMEDIES FOR NEGLIGENCE, STRICT +LIABILITY, BREACH OF WARRANTY OR BREACH OF CONTRACT EXCEPT THOSE +PROVIDED IN PARAGRAPH F3. YOU AGREE THAT THE FOUNDATION, THE +TRADEMARK OWNER, AND ANY DISTRIBUTOR UNDER THIS AGREEMENT WILL NOT BE +LIABLE TO YOU FOR ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR +INCIDENTAL DAMAGES EVEN IF YOU GIVE NOTICE OF THE POSSIBILITY OF SUCH +DAMAGE. + +1.F.3. LIMITED RIGHT OF REPLACEMENT OR REFUND - If you discover a +defect in this electronic work within 90 days of receiving it, you can +receive a refund of the money (if any) you paid for it by sending a +written explanation to the person you received the work from. If you +received the work on a physical medium, you must return the medium with +your written explanation. The person or entity that provided you with +the defective work may elect to provide a replacement copy in lieu of a +refund. If you received the work electronically, the person or entity +providing it to you may choose to give you a second opportunity to +receive the work electronically in lieu of a refund. If the second copy +is also defective, you may demand a refund in writing without further +opportunities to fix the problem. + +1.F.4. Except for the limited right of replacement or refund set forth +in paragraph 1.F.3, this work is provided to you 'AS-IS' WITH NO OTHER +WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO +WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR ANY PURPOSE. + +1.F.5. Some states do not allow disclaimers of certain implied +warranties or the exclusion or limitation of certain types of damages. +If any disclaimer or limitation set forth in this agreement violates the +law of the state applicable to this agreement, the agreement shall be +interpreted to make the maximum disclaimer or limitation permitted by +the applicable state law. The invalidity or unenforceability of any +provision of this agreement shall not void the remaining provisions. + +1.F.6. INDEMNITY - You agree to indemnify and hold the Foundation, the +trademark owner, any agent or employee of the Foundation, anyone +providing copies of Project Gutenberg-tm electronic works in accordance +with this agreement, and any volunteers associated with the production, +promotion and distribution of Project Gutenberg-tm electronic works, +harmless from all liability, costs and expenses, including legal fees, +that arise directly or indirectly from any of the following which you do +or cause to occur: (a) distribution of this or any Project Gutenberg-tm +work, (b) alteration, modification, or additions or deletions to any +Project Gutenberg-tm work, and (c) any Defect you cause. + + +Section 2. Information about the Mission of Project Gutenberg-tm + +Project Gutenberg-tm is synonymous with the free distribution of +electronic works in formats readable by the widest variety of computers +including obsolete, old, middle-aged and new computers. It exists +because of the efforts of hundreds of volunteers and donations from +people in all walks of life. + +Volunteers and financial support to provide volunteers with the +assistance they need are critical to reaching Project Gutenberg-tm's +goals and ensuring that the Project Gutenberg-tm collection will +remain freely available for generations to come. In 2001, the Project +Gutenberg Literary Archive Foundation was created to provide a secure +and permanent future for Project Gutenberg-tm and future generations. +To learn more about the Project Gutenberg Literary Archive Foundation +and how your efforts and donations can help, see Sections 3 and 4 +and the Foundation web page at https://www.pglaf.org. + + +Section 3. Information about the Project Gutenberg Literary Archive +Foundation + +The Project Gutenberg Literary Archive Foundation is a non profit +501(c)(3) educational corporation organized under the laws of the +state of Mississippi and granted tax exempt status by the Internal +Revenue Service. The Foundation's EIN or federal tax identification +number is 64-6221541. Its 501(c)(3) letter is posted at +https://pglaf.org/fundraising. Contributions to the Project Gutenberg +Literary Archive Foundation are tax deductible to the full extent +permitted by U.S. federal laws and your state's laws. + +The Foundation's principal office is located at 4557 Melan Dr. S. +Fairbanks, AK, 99712., but its volunteers and employees are scattered +throughout numerous locations. Its business office is located at +809 North 1500 West, Salt Lake City, UT 84116, (801) 596-1887, email +business@pglaf.org. Email contact links and up to date contact +information can be found at the Foundation's web site and official +page at https://pglaf.org + +For additional contact information: + Dr. Gregory B. Newby + Chief Executive and Director + gbnewby@pglaf.org + + +Section 4. Information about Donations to the Project Gutenberg +Literary Archive Foundation + +Project Gutenberg-tm depends upon and cannot survive without wide +spread public support and donations to carry out its mission of +increasing the number of public domain and licensed works that can be +freely distributed in machine readable form accessible by the widest +array of equipment including outdated equipment. Many small donations +($1 to $5,000) are particularly important to maintaining tax exempt +status with the IRS. + +The Foundation is committed to complying with the laws regulating +charities and charitable donations in all 50 states of the United +States. Compliance requirements are not uniform and it takes a +considerable effort, much paperwork and many fees to meet and keep up +with these requirements. We do not solicit donations in locations +where we have not received written confirmation of compliance. To +SEND DONATIONS or determine the status of compliance for any +particular state visit https://pglaf.org + +While we cannot and do not solicit contributions from states where we +have not met the solicitation requirements, we know of no prohibition +against accepting unsolicited donations from donors in such states who +approach us with offers to donate. + +International donations are gratefully accepted, but we cannot make +any statements concerning tax treatment of donations received from +outside the United States. U.S. laws alone swamp our small staff. + +Please check the Project Gutenberg Web pages for current donation +methods and addresses. Donations are accepted in a number of other +ways including including checks, online payments and credit card +donations. To donate, please visit: https://pglaf.org/donate + + +Section 5. General Information About Project Gutenberg-tm electronic +works. + +Professor Michael S. Hart was the originator of the Project Gutenberg-tm +concept of a library of electronic works that could be freely shared +with anyone. For thirty years, he produced and distributed Project +Gutenberg-tm eBooks with only a loose network of volunteer support. + + +Project Gutenberg-tm eBooks are often created from several printed +editions, all of which are confirmed as Public Domain in the U.S. +unless a copyright notice is included. Thus, we do not necessarily +keep eBooks in compliance with any particular paper edition. + + +Most people start at our Web site which has the main PG search facility: + + https://www.gutenberg.org + +This Web site includes information about Project Gutenberg-tm, +including how to make donations to the Project Gutenberg Literary +Archive Foundation, how to help produce our new eBooks, and how to +subscribe to our email newsletter to hear about new eBooks. diff --git a/31300.zip b/31300.zip Binary files differnew file mode 100644 index 0000000..e07ad7e --- /dev/null +++ b/31300.zip diff --git a/LICENSE.txt b/LICENSE.txt new file mode 100644 index 0000000..6312041 --- /dev/null +++ b/LICENSE.txt @@ -0,0 +1,11 @@ +This eBook, including all associated images, markup, improvements, +metadata, and any other content or labor, has been confirmed to be +in the PUBLIC DOMAIN IN THE UNITED STATES. + +Procedures for determining public domain status are described in +the "Copyright How-To" at https://www.gutenberg.org. + +No investigation has been made concerning possible copyrights in +jurisdictions other than the United States. Anyone seeking to utilize +this eBook outside of the United States should confirm copyright +status under the laws that apply to them. diff --git a/README.md b/README.md new file mode 100644 index 0000000..fa65815 --- /dev/null +++ b/README.md @@ -0,0 +1,2 @@ +Project Gutenberg (https://www.gutenberg.org) public repository for +eBook #31300 (https://www.gutenberg.org/ebooks/31300) |
