Clyatt v. United States
Supreme Court of the United States
CERTIORARI TO THE CIRCUIT COURT OP APPEALS FOR THE FIFTH CIRCUIT. Sections 1990 and 5526, Rev. Stat., read; “Sec. 1990. The holding of any person to service or labor •under the system known as peonage is abolished and forever prohibited in thé Territory of New.Mexico, or in any other Territory , or State of the United States; and all acts, laws, resolutions,. orders, regulations, or usages of the Territory of New Mexico, or of any other Territory or State, which have…
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CERTIORARI TO THE CIRCUIT COURT OP APPEALS FOR THE FIFTH CIRCUIT. Sections 1990 and 5526, Rev. Stat., read; “Sec. 1990. The holding of any person to service or labor •under the system known as peonage is abolished and forever prohibited in thé Territory of New.Mexico, or in any other Territory , or State of the United States; and all acts, laws, resolutions,. orders, regulations, or usages of the Territory of New Mexico, or of any other Territory or State, which have heretofore established, maintained, or enforced, or by virtue of which any attempt shall hereafter be made to establish,…
1Opinion of the CourtJustice Brewer
The constitutionality and scope of sections 1990 and 5526 present the first questions for our consideration. They pro*hibit peonage. What is- peonage? 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. As said by Judge Benedict, delivering the opinion in Jaremillo v. Romero, 1 N. Mex. 190, 194: “One fact existed universally; all were indebted to their masters. This was the cord by which they seemed bound to their masters’ service.” Upon this is based a condition of compulsory service. Peonage…
2Cases cited6 opinions
- Butchers' Benevolent Ass'n v. Crescent City Live-Stock Landing & Slaughter-House Co.Supreme Court of the United States · 1873
- Plessy v. FergusonSupreme Court of the United States · 1896
- Civil Rights CasesSupreme Court of the United States · 1883
- Wiborg v. United StatesSupreme Court of the United States · 1896
- Robertson v. BaldwinSupreme Court of the United States · 1897
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3Cited by274 opinions
- Griffin v. BreckenridgeSupreme Court of the United States · 1971
- Screws v. United StatesSupreme Court of the United States · 1945
- Stirone v. United StatesSupreme Court of the United States · 1960
- Weems v. United StatesSupreme Court of the United States · 1910
- Jones v. Alfred H. Mayer Co.Supreme Court of the United States · 1968
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