Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: SJC_Libertarian
The Supreme Court has already anticipated Libertarianism's villainous sophistries.

"Peonage is a term descriptive of a condition which has existed in Spanish America, and especially in Mexico. The essence of the thing is compulsory service in payment of a debt. A peon is one who is compelled to work for his creditor until his debt is paid. And in this explicit and comprehensive enactment, Congress was not concerned with mere names or manner of description, or with a particular place or section of the country. It was concerned with a fact, wherever it might exist; with a condition, however named and wherever it might be established, maintained, or enforced."

"The fact that the debtor contracted to perform the labor which is sought to be compelled does not withdraw the attempted enforcement from the condemnation of the statute. The full intent of the constitutional provision could be defeated with obvious facility if, through the guise of contracts under which advances had been made, debtors could be held to compulsory service. It is the compulsion of the service that the statute inhibits, for when that occurs, the condition of servitude is created, which would be not less involuntary because of the original agreement to work out the indebtedness. The contract exposes the debtor to liability for the loss due to the breach, but not to enforced labor."

U.S. Supreme Court, BAILEY v. STATE OF ALABAMA, 219 U.S. 219 (1911)


676 posted on 09/27/2002 3:56:49 PM PDT by Roscoe
[ Post Reply | Private Reply | To 674 | View Replies ]


To: Roscoe
Hey, is that Libertarian still spitting? Or was he shackled and lashed?
678 posted on 09/27/2002 4:42:39 PM PDT by A CA Guy
[ Post Reply | Private Reply | To 676 | View Replies ]

To: Roscoe
I do see the point that you are trying to make here. If a debt is incurred, it must be paid, but the lender may not compel the borrower to discharge the debt specifically by working for the lender. I have no argument with that. But surely, if we are speaking of a contract for a particular service of some sort for which payment has been made, the payor is entitled to performance of that service. If the payee defaults, what remedy do you suggest for the payor?

That aside, can you not see your persistent use of terms like "villainous" as a clear indication of hostility?

679 posted on 09/27/2002 4:51:30 PM PDT by SJC_Libertarian
[ Post Reply | Private Reply | To 676 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson