Butler v. Perry, 240 U.S. 328 (1916). · Go Syfert
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Butler v. Perry, 240 U.S. 328 (1916). Cases Citing This Book View Copy Cite
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cited 3× by 3 distinct cases, 1999–2024 · 3 courts · …compulsory labor akin to african slavery which in practical operation would tend to produce like undesirable results. at p. 332 ✓
cited 3× by 3 distinct cases · …forms of compulsory labor akin to african slavery, ✓
cited 3× by 3 distinct cases · …the term 'involuntary servitude' was intended to cover those forms of compulsory labor akin to african slavery. at p. 332 ✓
411 citation events (83 in the last 25 years) across 70 distinct courts.
Strongest positive: Seth Birt v. City of Peoria, et al. (azd, 2025-12-18)
Treatment trajectory · 1917 → 2026 · click a year to view as-of
1917 1971 2026
Top citers, strongest first. 47 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Seth Birt v. City of Peoria, et al. (2×) also: Cited as authority (rule)
D. Ariz. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
unless restrained by some constitutional limitation, a state has 16 inherent power to require every able-bodied man within its jurisdiction to labor for a 17 reasonable time on public roads near his residence without direct compensation.
discussed Cited as authority (rule) Henry v. Hill-Lilly
D. Conn. · 2025 · confidence medium
Executive, 41 F. Supp. 2d 392, 401 (E.D.N.Y. 1999) (quoting Butler v. Perry, 240 U.S. 328, 332 (1916)); see also Muhammaud v. 23 Murphy, 632 F. Supp. 2d 171, 176 (D.
discussed Cited as authority (rule) Village of Reeseville v. Frederick J. Prough
Wis. Ct. App. · 2025 · confidence medium
However, “the Amendment was not limited to that purpose; the phrase ‘involuntary servitude’ was intended to extend ‘to cover those forms of compulsory labor akin to African slavery which in practical operation would tend to produce like undesirable results.’” Id. (quoting Butler v. Perry, 240 U.S. 328, 332 (1916)); see also City of Milwaukee v. Horvath, 31 Wis. 2d 490, 495 , 143 N.W.2d 446 (1966) (quoting same language from Butler). ¶17 “[T]he term ‘involuntary servitude’ necessarily means a condition of servitude in which the victim is forced to work for the defendant by th…
discussed Cited as authority (rule) Bank of America, N.A. v. Blas
D. Alaska · 2025 · confidence medium
In Mr. Blas’s motion at Docket 50, he asserts that there is “a significant discrepancy . . . between the first note produced to the federal court by the Plaintiff via Aldridge Pite to the Federal Bankruptcy Court in Alaska on January 24, 2018, and the note produced by the Plaintiff via Aldridge Pite on August 21, 2024, to this 171 Docket 1 at ¶¶ 11–12, 17. 172 See Butler v. Perry, 240 U.S. 328, 332 (1916) (“[T]he term ‘involuntary servitude’ was intended to cover those forms of compulsory labor akin to African slavery.”).
cited Cited as authority (rule) United States v. Mohammed Chaudhri
4th Cir. · 2025 · confidence medium
The Thirteenth Amendment’s invocation of “the term ‘involuntary servitude’ was intended to cover those forms of compulsory labor akin to African slavery.” Butler v. Perry, 240 U.S. 328, 332 (1916).
cited Cited as authority (rule) United States v. Mohammad Chaudhri
4th Cir. · 2025 · confidence medium
The Thirteenth Amendment’s invocation of “the term ‘involuntary servitude’ was intended to cover those forms of compulsory labor akin to African slavery.” Butler v. Perry, 240 U.S. 328, 332 (1916).
cited Cited as authority (rule) United States v. Zahida Aman
4th Cir. · 2025 · confidence medium
The Thirteenth Amendment’s invocation of “the term ‘involuntary servitude’ was intended to cover those forms of compulsory labor akin to African slavery.” Butler v. Perry, 240 U.S. 328, 332 (1916).
discussed Cited as authority (rule) Stevens v. Elsman
W.D. Mich. · 2025 · confidence medium
Moreover, to state a claim under the Thirteenth Amendment, a plaintiff must show that he was subjected to “compulsory labor akin to African slavery which, in practical operation, would tend to produce like undesirable results.” Butler v. Perry, 240 U.S. 328, 332 (1916).
cited Cited as authority (rule) Lawrence v. Zack
D. Conn. · 2024 · confidence medium
Executive, 41 F. Supp. 2d 392, 401 (E.D.N.Y. 1999) (quoting Butler v. Perry, 240 U.S. 328, 332 (1916)).
discussed Cited as authority (rule) Smith v. City of East Ridge
E.D. Tenn. · 2024 · confidence medium
To state a claim for violation of the Thirteenth Amendment, a plaintiff must demonstrate he was subjected to “compulsory labor akin to African slavery which in practical operation would tend to produce like undesirable results.” Butler v. Perry, 240 U.S. 328, 332 (1916).
discussed Cited as authority (rule) Gregory C. Lund v. Caroline Lund (2×)
N.J. Super. Ct. App. Div. · 2024 · confidence medium
The Amendment extends to "those forms of compulsory labor akin to . . . slavery which in practical operation would tend to produce like undesirable results." U.S. v. Kozminski, 487 U.S. 931, 942 (1988) (quoting Butler v. Perry, 240 U.S. 328, 332 (1916)).
discussed Cited as authority (rule) Cater v. Sanders
W.D. Ky. · 2023 · confidence medium
To state a claim under the Thirteenth Amendment, a plaintiff must demonstrate that he was subjected to “compulsory labor akin to African slavery which in practical operation would tend to produce like undesirable results.” Butler v. Perry, 240 U.S. 328, 332 (1916); see also Treadway v. Rushing, No. 4:10 CV 2283, 2010 WL 5230865 , at *2 (N.D.
discussed Cited as authority (rule) SPECIAL POLICE ORGANIZATION v. CITY OF NEWARK (L-7121-19, ESSEX COUNTY AND STATEWIDE)
N.J. Super. Ct. App. Div. · 2022 · confidence medium
Additionally, as the district court recognized, the volunteer requirement is also unlike the slavery and involuntary servitude prohibited by the Thirteenth Amendment. "[T]he term 'involuntary servitude' was intended to cover those forms of compulsory labor akin to African slavery which, in practical terms, would tend to produce like undesirable results." David v. Vesta Co., 45 N.J. 301, 320 (1965) (alteration in original) (quoting Butler v. Perry, 240 U.S. 328, 332 (1916)).
discussed Cited as authority (rule) Drevaleva v. Alameda Health System
N.D. Cal. · 2022 · confidence medium
That Amendment 16 “was adopted with reference to conditions existing since the foundation of our Government, and 17 the term involuntary servitude was intended to cover those forms of compulsory labor akin to 18 African slavery which in practical operation would tend to produce like undesirable results.” 19 Butler v. Perry, 240 U.S. 328, 332 (1916).
discussed Cited as authority (rule) Dixon v. DeBlasio
E.D.N.Y · 2021 · confidence medium
Butler v. Perry, 240 U.S. 328, 333 (1916); see also Immediato, 73 F.3d at 459 (“The Thirteenth Amendment does not bar labor that an individual may, at least in some sense, choose not to perform, even where the consequences of that choice are ‘exceedingly bad.’ . . .
discussed Cited as authority (rule) Swanson v. King
E.D.N.C. · 2021 · confidence medium
This Amendment was created “to cover those forms of compulsory labor akin to African slavery which in practical operation would tend to produce like undesirable results.” United States v. Kozminski, 487 U.S. 931, 942 (1988) (quoting Butler v. Perry, 240 U.S. 328, 332 (1916)); see also Steirer v. Bethlehem Area Sch.
discussed Cited as authority (rule) In Re: Foreign Economic Industrial Bank Limited, \Vneshprombank\" Ltd."
S.D.N.Y. · 2021 · confidence medium
“The primary purpose of the Amendment was to abolish the institution of African slavery as it had existed in the United States at the time of the Civil War, but the Amendment was not limited to that purpose; the phrase ‘involuntary servitude’ was intended to extend ‘to cover those forms of compulsory labor akin to African slavery which in practical operation would tend to produce like undesirable results.’” United States v. Kozminski, 487 U.S. 931, 942 (1988) (quoting Butler v. Perry, 240 U.S. 328, 332 (1916)).
cited Cited as authority (rule) MERRITT v. HARTMAN
E.D. Pa. · 2020 · confidence medium
United States v. Kozminski, 487 U.S. 931, 942 (1988) (citing Butler v. Perry, 240 U.S. 328, 332 (1916)).
discussed Cited as authority (rule) SPECIAL POLICE ORGANIZATION OF NEW JERSEY v. CITY OF NEWARK
D.N.J. · 2019 · confidence medium
(ECF No. 9 at 8 ¶ 5, 10 ¶ 9.) The Amendment prohibits “compulsory labor akin to African slavery[.]” United States v. Kozminski, 487 U.S. 931, 942 (1988) (quoting Butler v. Perry, 240 U.S. 328, 332 (1916)). “[I]n every case in which [the Supreme] Court has found a condition of involuntary servitude, the victim had no available choice but to work or be subject to legal sanction.” Id. at 943.
discussed Cited as authority (rule) William Burrell, Jr. v. Patrick Loungo
3rd Cir. · 2018 · confidence medium
Thirteenth Amendment and Claims under 18 U.S.C. § 1589 The Thirteenth Amendment abolishes “involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted.” And while the Thirteenth Amendment’s primary purpose “was to abolish the institution of African slavery as it had existed in the United States at the time of the Civil War, . . . the Amendment was not limited to that purpose; the phrase ‘involuntary servitude’ was intended to extend ‘to cover those forms of compulsory labor akin to African slavery which in practical operation would te…
cited Cited as authority (rule) Markou v. Equestrien Estates Homeowners Association
N.D. Ill. · 2018 · confidence medium
But, as the Supreme Court has pointed out, the Thirteenth Amendment “was intended to cover those forms of compulsory labor akin to African slavery.” Butler v. Perry, 240 U.S. 328, 332 (1916).
examined Cited as authority (rule) Moss v. Superior Court (4×)
Cal. · 1998 · confidence medium
L. 807 , 814-815.) 8 The United States Supreme Court has consistently recognized that the Thirteenth Amendment does not prevent enforced labor as punishment for crime, and does not prevent state or federal governmental entities from compelling the performance of civic duties such as jury service (Hurtado v. United States (1973) 410 U.S. 578, 589 [ 93 S.Ct. 1157, 1164 , 35 L.Ed.2d 508 ], fn. 11), military service (Selective Draft Law Cases (1918) 245 U.S. 366, 390 [ 38 S.Ct. 159, 165 , 62 L.Ed. 349 ], 9 and road work (Butler v. Perry (1916) 240 U.S. 328, 333 [ 36 S.Ct. 258, 259-260 , 60 L.Ed. 6…
discussed Cited as authority (rule) Charles W. Wright v. Clark County, Indiana
7th Cir. · 1997 · confidence medium
The Thirteenth Amendment was intended "to cover those forms of compulsory labor akin to African slavery which in practical operation would tend to produce like undesirable results." United States v. Kozminski, 487 U.S. 931, 942 (1988) (quoting Butler v. Perry, 240 U.S. 328, 332 (1916)).
discussed Cited as authority (rule) Herndon Ex Rel. Herndon v. Chapel Hill-Carrboro City Board of Education
M.D.N.C. · 1995 · confidence medium
See Selective Draft Law Cases, 245 U.S. 366, 390, 38 S.Ct. 159, 165 , 62 L.Ed. 349 (1918) (upholding the government’s power to compel military service); Butler, 240 U.S. at 332-33 , 36 S.Ct. at 258-59 (upholding a state law that required men to work on the roads and bridges of the state, stating that the Thirteenth Amendment “was not intended to interdict enforcement of those duties which individuals owe to the State, such as services in the army, militia, on the jury, etc.”); Robertson v. Baldwin, 165 U.S. 275, 282-88 , 17 S.Ct. 326, 329-31 , 41 L.Ed. 715 (1897) (upholding a state statu…
discussed Cited as authority (rule) Immediato by Immediato v. Rye Neck School Dist.
S.D.N.Y. · 1995 · confidence medium
See Hurtado v. United States, 410 U.S. 578 , 589 n. 11, 93 S.Ct. 1157 , 1164 n. 11, 35 L.Ed.2d 508 (1973) (jury service); Selective Draft Law Cases, 245 U.S. 366, 390 , 38 S.Ct. 159, 165 , 62 L.Ed. 349 (1918) (military service); Butler v. Perry, 240 U.S. 328, 333 , 36 S.Ct. 258, 259 , 60 L.Ed. 672 *851 (1916) (work on local public roads).
examined Cited as authority (rule) Lynn Ann Steirer v. Bethlehem Area School District (5×) also: Cited "see", Cited "see, e.g."
3rd Cir. · 1993 · confidence medium
In Butler itself, the Court held that a Florida law requiring every able-bodied male within a certain age range to "work on the roads and bridges of the several counties for six days of not less than ten hours each in each year when summoned," id. at 329 , 36 S.Ct. at 258 (quotation omitted), did not amount to involuntary servitude because a compulsory labor requirement, just like jury duty or military service, was a well-established duty owed by individuals to the state.
examined Cited as authority (rule) Steirer v. Bethlehem Area School District (5×) also: Cited "see", Cited "see, e.g."
3rd Cir. · 1993 · confidence medium
In Butler itself, the Court held that a Florida law requiring every able-bodied male within a certain age range to “work on the roads and bridges of the several counties for six days of not less than ten hours each in each year when summoned,” id. at 329 , 36 S.Ct. at 258 (quotation omitted), did not amount to involuntary servitude because a compulsory labor requirement, just like jury duty or military service, was a well-established duty owed by individuals to the state.
discussed Cited as authority (rule) Arnold v. Kemp
Ark. · 1991 · confidence medium
See Hurtado v. United States, 410 U.S. 578 n. 11 (1973) (requirement that prisoners serve as witnesses in a trial without compensation constitutes public duty); Bertelson v. Coney, 213 F.2d 275, 277-8 , cert. denied, 348 U.S. 856 (1954) (special draft of medical personnel); Selective Draft Law Cases, 245 U.S. 366, 390 (1918) (military draft); Butler v. Perry, 240 U.S. 328, 333 (1916) (work on public roads).
examined Cited as authority (rule) United States v. Kozminski (4×)
SCOTUS · 1988 · confidence medium
The primary purpose of the Amendment was to abolish the institution of African slavery as it had existed in the United States at the time of the Civil War, but the Amendment was not limited to that purpose; the phrase "involuntary servitude" was intended to extend "to cover those forms of compulsory labor akin to African slavery which in practical operation would tend to produce like undesirable results." Butler v. Perry, 240 U. S. 328, 332 (1916).
discussed Cited as authority (rule) Myers v. Garff
D. Utah · 1987 · confidence medium
See Robertson v. Baldwin, 165 U.S. 275, 282 , 17 S.Ct. 326, 329 , 41 L.Ed. 715 (1897) (sailor’s contracts, military and naval service, and "the right of parents and guardians to the custody of their minor children or wards.”); Bailey v. Alabama, 219 U.S. 219, 243 , 31 S.Ct. 145, 152 , 55 L.Ed. 191 (1911) ("obligations ... of an apprentice to his master.”); United States v. Reynolds, 235 U.S. 133, 149 , 35 S.Ct. 86, 90 , 59 L.Ed. 162 (1914) ("there can be no doubt that the State has authority to impose involuntary servitude as a punishment for crime.”); Butler v. Perry, 240 U.S. 328, 33…
cited Cited as authority (rule) United States v. Shy
usarmymilrev · 1980 · confidence medium
Butler v. Perry, 240 U.S. 328, 332 [ 36 S.Ct. 258, 259 , 60 L.Ed. 672 ] (1916).” Selective Draft Law Cases, 245 U.S. 366, 373 , 38 S.Ct. 159 , 62 L.Ed. 349 (1918).
discussed Cited as authority (rule) In Re Johnson
Wash. · 1967 · confidence medium
We could not say that the requirements of the Act in this regard are in any way "akin to African slavery." Butler v. Perry, 240 U.S. 328, 332 (1916). *253 We are in accord with the views thus expressed. [4] Likewise, we find no substance to the argument that the Board's order violates the Federal Anti-Peonage Act. [5] The legislative purpose of the Anti-Peonage Act was to implement the Thirteenth Amendment by striking down all laws and usages in the states and territories which attempted to maintain and enforce the involuntary service of any person as a peon, in liquidation of any debt.
cited Cited as authority (rule) Wheeler v. Washington State Board against Discrimination
Wash. · 1967 · confidence medium
We could not say that the requirements of the Act in this regard are in any way “akin to African slavery.” Butler v. Perry, 240 U. S. 328, 332 (1916).
discussed Cited as authority (rule) David v. Vesta Co.
N.J. · 1965 · confidence medium
The Thirteenth Amendment was adopted to abolish slavery and to abolish long term indenture of persons as an *320 evasion of prohibitions against slavery. “[T]he term 'involuntary servitude’ was intended to cover those forms of compulsory labor akin to African slavery which, in practical operation, would tend to produce like undesirable results.” Butler v. Perry, 240 U. S. 328, 332 , 36 S. Ct. 258, 259 , 60 L.
discussed Cited as authority (rule) Heart of Atlanta Motel, Inc. v. United States (2×)
SCOTUS · 1965 · confidence medium
We could not say that the requirements of the Act in this regard are in any way “akin to African slavery.” Butler v. Perry, 240 U. S. 328, 332 (1916).
cited Cited as authority (rule) State ex rel. Arn v. State Commission of Revenue & Taxation
Kan. · 1947 · confidence medium
Respecting that it was said, in Butler v. Perry, 240 U. S. 328, 332 ( 36 S. Ct. 238 , 60 L.
cited Cited as authority (rule) Simpson v. State
Fla. · 1937 · confidence medium
Rep. 150 (affirmed 240 U.S. 328 , 36 Sup. Ct. Rep. 258, 60 L.
cited Cited as authority (rule) Howarth, Et Ux. v. City of Deland
Fla. · 1934 · confidence medium
Rep. 150 (affirmed 240 U. S. 328 , 36 Sup. Ct. Rep. 258, 60 L.
examined Cited "see" (PC) Melger v. United States Congress (3×)
E.D. Cal. · 2024 · signal: see · confidence high
See Butler v. Perry, 240 U.S. 328, 332 , 36 S.Ct. 258 , 28 259, 60 L.Ed. 672 . 1 Il.
cited Cited "see" Ruderman v. McHenry County
N.D. Ill. · 2023 · signal: see · confidence high
See Butler v. Perry, 240 U.S. 328 , 332–33 (1916).
discussed Cited "see" Herndon ex rel. Herndon v. Chapel Hill-Carrboro City Board of Education (2×)
4th Cir. · 1996 · signal: see · confidence high
See Butler, 240 U.S. at 332 , 36 S.Ct. at 259 .
discussed Cited "see" Herndon v. Chapel Hill-Carrboro City Board Of Education (2×)
4th Cir. · 1996 · signal: see · confidence high
See Butler, 240 U.S. at 332 , 36 S.Ct. at 259 .
examined Cited "see" Weidenfeller v. Kidulis (3×)
E.D. Wis. · 1974 · signal: see · confidence high
See Butler v. Perry, 240 U.S. 328, 333 , 36 S.Ct. 258 , 60 L.Ed. 672 (1916) ; Jacobson v. Massachusetts, 197 U.S. 11, 25-27 , 25 S.Ct. 358 , 49 L.Ed. 643 (1905) ; Heflin v. Sanford, 142 F.2d 798, 799-800 (5th Cir. 1944). 9 .
examined Cited "see" Campbell v. State (3×)
Ind. Ct. App. · 1971 · signal: see · confidence high
See Butler v. Perry (1916) 240 U.S. 328 , 36 S.Ct. 258 , 60 L.Ed. 672 .
discussed Cited "see, e.g." United States v. Ole Hougen (2×)
9th Cir. · 2023 · signal: see also · confidence medium
HOUGEN the foundation of the government.” Robertson v. Baldwin, 165 U.S. 275, 282 (1897); see also Butler v. Perry, 240 U.S. 328, 332 (1916) (stating that the Thirteenth Amendment “was adopted with reference to conditions existing since the foundation of our government”). “[T]he words ‘involuntary servitude’ were . . . intended to cover” other conditions “which might have been a revival of the institution of slavery under a different and less offensive name,” Robertson, 165 U.S. at 282 , such as “those forms of compulsory labor akin to African slavery which, in practical op…
examined Cited "see, e.g." Roe v. Unocal Corp. (3×)
C.D. Cal. · 1999 · signal: see also · confidence low
As the Ninth Circuit has noted in a string of cases with respect to the U.S. military, “conscription, for military service or civilian work in lieu thereof does not constitute involuntary servitude.” United States v. Gidmark, 440 F.2d 773, 774 (9th Cir.1971); Klubnikin v. United States, 227 F.2d 87, 90 (9th Cir.1955) (rejecting plaintiffs argument that performing civilian service for a charitable institution in lieu of military service was unconstitutional); Badger v. United States, 322 F.2d 902, 908 (9th Cir.1963) (same); Howze v. United States, 272 F.2d 146 (9th Cir.1959) (government has…
examined Cited "see, e.g." Howerton v. Mississippi County, Arkansas (3×)
E.D. Ark. · 1973 · signal: see, e.g. · confidence low
See, e. g., Butler v. Perry, 240 U.S. 328 , 36 S.Ct. 258 , 60 L.Ed. 672 (1916); Draper v. Rhay, 315 F.2d 193 (9th Cir.), cert. denied, 375 U.S. 915 , 84 S.Ct. 214 , 11 L.Ed.2d 153 (1963); Holt v. Sarver, 309 F.Supp. at 369-372; Wilson v. Kelly, 294 F.Supp. 1005, 1012 (N.D.Ga.1968).
Retrieving the full opinion text from the archive…
Butler
v.
Perry, Sheriff of Columbia County, Florida
182.
Supreme Court of the United States.
Mar 6, 1916.
240 U.S. 328
1916 U.S. LEXIS 1455
Mr. Charles C. Howell, for plaintiff in error., Mr. Thomas F. West, Attorney General of the State of Florida, for defendant in error.
McReynolds.
Cited by 141 opinions  |  Published
Mr. Justice McReynolds

delivered the opinion of the court.

Chapter 6537, Laws of Florida (Acts of 1913, pp. 469, 474, 475), provides:

“Sec. 10. Every able-bodied male person over the age of twenty-one years, and under the.age of forty-five years, residing in said county for thirty days of more continuously next prior to the date of making of the list by the Board of County Commissioners, or the date of the summons or notice to work, shall be subject, liable and required to work on the roads and bridges of the several counties for six days of not less than ten hours each in each year, when summoned so to do, as herein provided; that such persons so subject to road duty may perform such services by an able-bodied substitute over the age of eighteen years, or in lieu thereof may pay to the road overseer on or before the day he is called upon to render such service the sum of three dollars, and such overseer, shall turn into the county treasury of his county any and all moneys so paid to him, the same to be placed , to the[*330] credit of the road and bridge fund and subject to the order of the Board of County Commissioners for road and bridge purposes; . . ..
“Sec. 12. Any person or persons not exempt as afóresaid who shall fail to work on public roads of the several counties when required to do so, or to provide a substitute as herein provided, and shall neglect or refuse to make payment for the same, as hereinbefore provided, shall be guilty of a misdemeanor and upon conviction shall be fined not moré than fifty dollars or imprisoned in the county jail for not longer than thirty days.”

Plaintiff in error was convicted in the County Judge’s Court, Columbia County, upon a charge of failing to work on a road, and sentenced to jail for thirty days. The Circuit Court granted a writ of habeas corpus; he was heard, remanded to the custody of the sheriff, and then released under bond. The Supreme Court of the State affirmed the action of the Circuit Court (67 Florida, 405), and the cause is here upon writ of error.

It is insisted that §§. 10 and 12, supra, are invalid because they undertake to impose involuntary -servitude not as. a punishment for crime, contrary to the Thirteenth Amendment to the Federal Constitution; and also because their enforcement would deprive plaintiff of his liberty and property without due process of law, in violation of the Fourteenth Amendment.

In view of ancient usage and the unanimity of judicial opinion, it must be taken as settled that, unless restrained by some constitutional limitation, a State has inherent power to require every, able-bodied man within its jurisdiction to labor for a reasonable time on public roads near his residence, without direct compensation. This is á part of the duty which he owes to the public. The law of. England is thus declared in Blackstone’s Commentaries, Book 1, page 357:

‘Every parish E bound of common right to keep the[*331] highroads that go through it in good and sufficient repair; unless by reason of the tenure .of lands, or otherwise, this care is consigned to some particular private person. From this burthen no man was exempt ,by our ancient laws, whatever other immunities he might enjoy': this being part of the trinoda necessitas, to which every man’s estate was. subject; viz., expeditid contra hostem, arcium constructio, et pontium reparatio. For, though the reparation of bridges only is expressed, yet that of roads also must be understood; as in the Roman law, With respect to the construction and repairing of ways and. bridges no class of men of whatever rank or dignity should be exempted.’

The trinoda necessitas was an obligation falling on all freemen or at least on all free householders. Vinograd'off, English Society in the Eleventh Century, p. 82.

From Colonial days to the present time conscripted labor has been much relied on for the construction and maintenance of roads,. The system was introduced from England, and, while it has produced no Appian Way, appropriateness to the circumstances existing in rural communities gave it general favor. Elliott on Roads and Streets, §§ 479, 480; Dillon on Municipal Corporations, 5th Edition, § 1407, p. 2459, note; Cooley, Constitutional Limitations, 7th Edition, p. 736; In re Dassler, 35 Kansas, 678; State v. Wheeler, 141 N. Car. 773, S. Car., 5 L. R. A. (N. S.) 1139, note; Dennis v. Simon, 51 Ohio St. 233; State v. Rayburn, 2 Okla. Cr. Rep. 413; Sawyer v. Alton, .4 Illinois, 127; State v. Commissioners of Halifax, 15 No. Car, 345. In 1889 the statutes of twenty-seven States provided for such labor on public roads. Young’s Recent Road Legislation.

The Ordinance of 1787 for the government of the Northwest Territory declares: “There shall be neither slavery nor involuntary servitude in the said territory, otherwise than in punishment of crimes, whereof the party shall have been duly convicted.”

[*332] In 1792 the territorial legislative body passed an act providing: “That every male inhabitant of sixteen years of age and upwards on being duly warned .to work on the highways by the supervisor in the township to which such inhabitant may belong shall repair to the place and at the time by the said supervisor appointed with such utensils and tools as may be ordered him wherewith he is' to labour and there abide and obey the direction of such supervisor during the day in opening and repairing the highway.” (Sec. 5, Chapter IV, Laws passed from July to December, 1792, Laws of the Territory Northwest of the Ohio, 1788-1798.) An act of the General Assembly of the Territory passed in 1799, declared: “That all male persons of the age of twenty-one years, and not exceeding fifty,' who have resided thirty days in any township of any county within this territory, who are not a township charge, shall over and above the rate of assessment hereinafter mentioned, be liable, yearly and every year, to do and perform two days, work on the public roads, under the direction of the supervisor within whose limits they shall be respectively residentsV (Sec. 10, Chapter 28 of Northwest Territory Acts, 1799.)

By their several constitutions the S.tates within the limits of the Northwest Territory prohibited involuntary servitude substantially in the language of the 1787 Ordinance, and with the possible ■ exception' of Wisconsin, all of them early enacted and long enforced laws requiring labor upon public roads.

Utilizing the language of the Ordinance of 1787, the Thirteenth Amendment declares that neither slavery nor involuntary servitude shall exist. This amendment was adopted with reference to conditions existing since the foundation of our Government, and the term involuntary servitude was intended to cover those forms of compulsory labor akin to African slavery which in practical operation would tend to produce like undesirable results.[*333] It introduced no novel doctrine with respect of services always treated as exceptional, and certainly was not intended to interdict enforcement of those duties which individuals owe to the State, such as services in the army, militia, on the jury, etc. The great purpose in view was liberty under the protection of effective government, not the destruction of the latter by depriving it of essential powers. Slaughter House Cases, 16 Wall. 36, 69, 71, 72; Plessy v. Ferguson, 163 U. S. 537, 542; Robertson v. Baldwin, 165 U. S. 275, 282; Clyatt v. United States, 197 U. S. 207; Bailey v. Alabama, 219 U. S. 219.

There is no merit' in the claim that a man’s labor is. property, the taking of which without compensation by the State for building and maintenance of public roads, violates the due process clause of the Fourteenth Amendment. That Amendment was intended to preserve and protect fundamental rights long recognized under- the common law system. Slaughter House Cases, supra; Jacobson v. Massachusetts, 197 U. S. 11; Giozza v. Tiernan, 148 U. S. 657, 662; Mugler v. Kansas, 123 U. S. 623, 663; Barbier v. Connolly, 113 U. S. 27, 31; Kelly v. Pittsburg, 104 U. S. 78, 80; Davidson v. New, Orleans, 96 U. S. 97. Conceding for some purposes labor must be considered as property, it is evident from what already has been said that to require work on the public roads has never, been regarded as a deprivation of either liberty or property.

The circumstances of the present case indicate no failure to observe due process of law in the exercise of the State’s undoubted power. Ample notice appears to have been given and disregarded. There was an orderly trial and conviction before a duly constituted tribunal for a plainly defined statutory offense, followed by a sentence not alleged to be unreasonable.

We find no error in the judgment of the court below, and it is

Affirmed.