The Crop Lien System in Piedmont

Joe
4 days ago
13 min read

Updated: 5 hours ago

After the Civil War, the South faced a dramatic change in how agriculture and labor operated. Post-war Southern landowners and planters had to readjust from a largely slave-based agricultural labor system to a system based on strictly paid labor. As a result, the crop lien system emerged, becoming an important mechanism through which landowners, merchants, creditors and farmers adapted. In an economy shattered by war, with almost no local capital or circulating cash, poor farmers came to depend on credit. The farmers used this credit system to obtain seeds, equipment and supplies to cultivate the farms. Due to this reliance on credit, merchants, landowners and creditors stepped forward and provided credit through contractual agreements called “Crop Liens”.(1) As part of these contractual agreements, the famers called “sharecroppers” obtained loans from a creditor who provided the cash, goods and/or land on credit. The sharecropper on his part was required to repay the loan at the end of the season through cash and/or portions of the harvest.(2) While this system appeared practical in a cash strapped regional economy, this system in many cases developed into a structure that held many sharecroppers in a state of perpetual debt peonage. In most cases, the creditor received cash and half or more of the harvest, as well as the best portions of the harvest itself. Over the long haul, this system negatively impacted the lives of millions of freedpeople, poor whites and small landholders.

While many historians present the crop lien system as a system that affected freedmen, the crop lien system affected both Black and whites alike. Six late nineteenth century crop lien contracts from the Piedmont local area, dated between 1888 to 1901, have recently come to light. Five of these liens are from sharecroppers who contracted to cultivate land in Brushy Creek township and one from Williamston township. The creditor is listed the same on each contract, M.T. Flemming. Flemming was a large landowner in the Anderson County Brushy Creek area, while the sharecroppers listed in the liens are: M. Capps, Augustus Smith, C.C. Brown, G.W. Brown, Andrew B. Davis and John Edwards.(3) Local genealogist, Beverly Phillips researched the names and research indicates that all sharecroppers were white with the exception of John Edwards who is identified in genealogical records as Black.

Furthermore, in five of the documents, John R. Clardy, a local Anderson County landowner, signed either as witness or public notary. On the “Andrew B. Davis” crop lien, is an embossed stamp indicating that Clardy was at one point an official public notary.

In most of these liens, the creditor, Flemming, received most of his repayment in the form of cotton. Some documents explain that the sharecropper paid the best half of the crops to the creditor, after first paying for expenses incurred or supplies provided by the creditor. In other cases, Flemming was allowed, according to the agreement, to pick his portion of the harvest first. Other liens specifically state how much of the harvest was to be provided to the creditor, and the sharecropper received the remaining harvest. One lien, states that 2,200 pounds of cotton were to be provided to Flemming after harvest, while another indicates 3,000 pounds were to be delivered to Flemming.

While the crop lien system developed out of the post-Civil War era, it was a system that made many poor farmers even poorer. As a result, many sharecroppers became further indebted and ended up leaving the farming business altogether, turning towards the textile mills as laborers. Some farmers though, instead of taking jobs with the mills, turned their sights west and moved out of state seeking new opportunities. Although this system was imperfect, it demonstrates how Reconstruction and the ideas of freedom and opportunity crashed against the realities of economics and freedom. The crop liens lasting impact well into the twentieth century highlights how financial agreements and law formed the new post-Civil War labor system.(4)

By Joe Hursey

To View all copies of all crop liens and transcripts of liens, click this link.

Footnotes

S. J. Kantrowitz, “The Crop, the Rent, and the Lien: Law and Society in the Postbellum South,” Journal of Southern History 62, no. 1 (1996): 57–90.
D. W. Crofts, “From Slavery to Sharecropping,” Journal of Southern History 61, no. 1 (1995): 45–72.
Personal Research Collection of Joe Hursey.
W. E. B. Du Bois, Black Reconstruction in America (New York: Routledge, 2017).

TRANSCRIPTS AND COPIES OF ORIGINAL LIENS BELOW:

TRANSCRIPT OF JOHN EDWARDS CROP LIEN (1888)

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State of South Carolina Anderson County

This agreement between M. T. Fleming and John Edwards both of Anderson County for the year 1888. Witnesseth: The said Fleming agrees to furnish about nine acres to be cultivated in cotton, and about two acres of land for corn, on his plantation on Little Brushy Creek in Anderson County with stock, and tools to cultivate said land, and seed to plant and seven or eight sacks of guano to under the cotton, with cabin house and privilege of fire wood.

The said John Edwards agrees to prepare the said land and plant the crops in due time and by and under the directions and supervision of the said Fleming, and to cultivate the same in good order and due time as he may be directed, and gather, house, and prepare the crops for market as the said Fleming may direct him, and to work and for the labor above required said Fleming agrees to pay said Edwards one half of the crops that may be raised on the above land, after first deducting and paying for one half guano used and all supplies Fleming may furnish…

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…furnished to said Edwards, to be paid out of Edwards’s half before removed. Said Fleming agreeing to furnish twenty five dollars worth of supplies as they may be needed during crop time to said Edwards.

Said Edwards agrees to clean off and clean off and clean out all necessary ditches in corn land and keep the upland ditches in cotton land cleaned out and in good condition and to take good care of stock and tools entrusted to his care.

Witness our hands and seal this February the 1st 1888.

John Clardy M. T. Fleming John (his X mark) Edwards

TRANSCRIPT OF ANDREW B. DAVIS CROP LIEN (1892)

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STATE OF SOUTH CAROLINA,COUNTY OF Anderson.

This AGREEMENT, Made and entered into this 16th day of March 1892, between M. T. Fleming, Planter ~~Merchants~~ in Anderson Co., S.C., of the first part, and Andrew B. Davis Anderson Co., S.C., of the second part, Witnesseth—

That the said M. T. Fleming of the first part, hereby agrees to advance to the said party or parties of the second part, in amount not to exceed Thirty Dollars in Agricultural Supplies, to be used and employed for agricultural purposes during the present year; said advances to be made from time to time as the same may be needed, commencing this day and ending the 25th day of December next.
That the said party or parties of the second part, for and in consideration of the above, and the advances to be made thereunder, and the better to secure the payment of the same, hereby agree to, and hereby give to the said M. T. Fleming a first Lien on all Crops of Cotton, Corn, Wheat, Oats, and other Produce, raised by me on any and all lands cultivated by or under the said party of the second part in Williamston Township in said State and County, belonging to J.P. Johnson and M.J. Flemming planted as follows: 10 acres Cotton, 8 acres Corn, 2 acres Wheat, zero acres Oats, and for which I have contracted to pay rent for the present year one half of all crops raised or any other land owned or rented by me wherever located, and said Lien shall become due and payable for all sums advanced up to such time on the first day of September, 1892.
That the said party or parties of the second part hereby agrees to gather and deliver said Crops to the said M. T. Fleming at residence of J.R. Fleming, S.C., as soon as practicable, giving to said M. T. Fleming all the rights and remedies allowed by law in such cases.
That said party of parties of the second part hereby expressly agrees not to contract any debt or debts for labor, or other considerations, in the cultivation of said crops without the written consent of M.J. Flemming previously obtained, and that this Lien shall have priority over every other claim or claims against the Crops, except for rents, and that the said party or parties of the second part hereby expressly waives all benefits of the provisions of the Amendment to the Lien Law passed by the General Assembly during the Session of 185-1886, or of Any subsequent Sessions, so far as the same may interfere with collections of this debt.

And for better securing the payment of said advances to the party of the first, in addition to the said Lien under said Statute, the party or parties of the second part have bargained, sold, and in plain and open market, do deliver to the said M.J. Flemming the following described Personal Property, to wit:

Together with all crops of Cotton, Corn and all other produce of every description to be grown by me in the years of 1892 and all interest I have, or may have, either separately or jointly with others in crops to be grown in the above described years on Lands of rented by me from J.P. Johnson Williamston Township, Anderson County, S.C., or on any other land owned or rented by me, wherever located; also all subsequent Crops to be grown by me or us until the above Lien, and all monies I owe M.J. Flemming during the years 1892 by Note, Account, or otherwise, are fully and finally paid.

TO HAVE AND TO HOLD the same to the said M. T. Fleming, their Executors, Administrators and Assigns forever. Provided, That if I do pay the said sum of Thirty Dollars on or by the first day of October, 1892, then this bargain and sale shall be null and void. But in case of default of payment, then the said M. T. Fleming shall have the right to enter my premises, and take the said crops, sell the same at will or pleasure, and return the overplus to me, after paying said debt and expenses, incident to said seizure and sale; and at such a sale and said M.J. Flemming shall have the rights to purchase without satisfying their said debt, further than the net proceeds of sale applicable thereto shall go.

Witness my Hands and Seals

In presence of Walter Daniels

Signatures: Missing due to hole/cutout in paper

I, the undersigned, do hereby waive all claims for Rents, Advances, Labor, an d other consideration upon the parties making this Lien until above Lien shall have been satisfied in full; and I do hereby assign my Lien therefore under the Statute to the said_____________ as collateral security for the payment of said debt.

_______________________Landlord. [L.S.]

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THE STATE OF SOUTH CAROLINA,COUNTY OF ANDERSON.

PERSONALLY appeared before me Walter Daniels, and who made oath that he was present and saw the within named parties sign and execute the within instrument, and that he subscribed his name as a witness thereto.

Sworn to before me, this 16th day of March A.D. 1892.John H. Clardy, Notary Public, S.C.(Signed) Walter Daniels

The State of South Carolina, County of Anderson.

A. B. Davis To | $30.00M. T. Fleming

LIEN ON CROP.

Filed in Clerk’s Office at Anderson Court House, South Carolina, this 8th day of April 1892.

M. F. Tribby C.C.P. & R.M.C.30 cents paid

TRANSCRIPT OF M. CAPPS CROP LIEN (1888)

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The State of South Carolina, County of Anderson.

THIS AGREEMENT made and entered into this the 10 day of February 1888, between M. J. Fleming of Piedmont, S.C. of the first part, and W. Capps, of the second part,

WITNESSETH:

That the said M. J. Fleming of the first part, hereby agree to advance to the said party or parties of the second part, for an amount not to exceed Fifty Dollars money dollars, ~~in Agricultural Supplies~~, to be used and employed for agricultural purposes during the present year; said advances ~~to be~~ made ~~from~~ time to time as the same may be needed, commencing this day and ending the 25th day of December next.
That the said party or parties of the second part, for and in consideration of the above, and the advances to be made thereunder, and the better to secure the payment of the same, hereby agree to, and hereby give to the said M. J. Fleming, a first Lien on all Crops of Cotton, Corn, Wheat, Oats, and other produce, raised by him, on any and all lands cultivated by or under the said party of the second part in Brushy Creek Township in said State and County, belonging to M. J. Fleming planted as follows 35 acres Cotton, 20 acres corn, 0 acres wheat, 0 acres oats and for which he has contracted to pay as rent for this present year twenty two hundred pounds lint cotton, or on any other land owned or rented by him wherever located, and the said lien shall become due and payable for all sums advanced up to such time on the first day of September 1898.
That the said party of the second part hereby agrees to gather and deliver said Crops to the said M. J. Fleming at Piedmont, S.C. at his residence in Anderson Co., S.C. soon as practicable, giving to said M. J. Fleming all the rights and remedies allowed by law in such cases.
That the said parties of the second part hereby agree not to contract any debt for labor, or other considerations, in the cultivation of said crops, except for rents, and that the said party or parties of the second part hereby expressly waives all benefits of the provisions of the Amendments to the Lien Law passed by the General Assembly during the Session of 1885-1886, or any subsequent Sessions, so far as the same may interfere with the collections of this debt.

TO HAVE AND TO HOLD the same to the said M. J. Fleming, their Executors, Administrators and Assigns forever. Provided, That if ______ do pay the said sum of ______ Dollars on or by the first day of _____ October 188_, then this bargain and sale shall be null and void. But in case of default of payment, then the said ________ shall have the right to enter _____ premises, and take the said Personal Property, sell the same at will or pleasure, and return the overplus to _______ after paying said debt and expenses incident to said seizure and sale; and at such sale _______________ shall have the right to purchase without satisfying _________said debt, further than the net proceeds of sale applicable thereto shall go.

WITNESS our Hand and Seal.In presence of: A. Smith

M. T. Fleming [L.S.] W. Capps [L.S.]

I, the undersigned do hereby waive all claims for Rents, Advances, Labor and other consideration and other consideration upon the parties making this Lien until the above have first been satisfied in full; and I do hereby assign any Lien therefore under the Statute to the said _______________________________ as collateral security for the payment of said debt.

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South Carolina, Anderson County.

Personally appeared before me A. Smith, and made oath that he was present and saw the within named party’s sign and execute the within instrument, and that he subscribed his name as a witness thereto.

Sworn to before me this 10th day of February A.D. 1888.

J. F. Clardy Notary Public, S.C.

The State of South Carolina, County of Anderson.

M. Capps to M. J. Fleming Post Office: Piedmont, S.C.

Township: Brushy Creek

LIEN ON CROP & ~~CHATTEL MORTGAGE~~.

Recorded this 22 day of February, 1898 in Book Vol. 21 ~~Page~~.

[Clerk’s signature – Unreadable]C.C.C.P.

Tax 15 cents Paid

Associate Publishing Company

TRANSCRIPT OF AUGUSTUS SMITH CROP LIEN (1898)

Page 1

State of South Carolina, County of Anderson

This memorandum of agreement entered into between M. T. Fleming of the first part and Augustus Smith of the second part, both of Anderson County and State of South Carolina for the year commencing 1st Jan and ending 25 day of December 1898. Witnesseth:

The said M. J. Fleming agrees to rent unto the said Augustus Smith a part of the Jones place in Brushy Creek, Anderson County S.C. supposed to be twenty five or thirty Acres, with buildings where he now lives, firewood and pasturage, and furnish said Smith fifty dollars money, and agrees to take two five hundred pound bales of good middling lint cotton to be paid on or by 1st day of November 1898 at his residence.

The said Smith agrees to live on the premises above mentioned, to take good care of the land and buildings, to prepare the land and plant and cultivate the crops in a farm like manner and in due time and gather the crops in good condition and pay said Fleming two five hundred pound bales of cotton, good middling to be delivered at Flemings residence on or before 1st Nov 1898, and to pay the said sum of Fifty dollars and interest thereon on or by 1st Nov 1898. And not to make way

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or remove the crops til said debt and rents are paid. Giving said Fleming all the rights and remedies allowed by the statutes of this State in such cases made and provided.

Witness our hands and seals this the 10 day of February 1898.

Witness: J. F. Clardy M. T. Fleming (Seal)

A. Smith (Seal)

(Endorsement on back)

1898 M. T. Fleming to Augustus Smith Agreement

G.W. BROWNING TRANSCRIPT OF CROP LIEN (1898)

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State of South Carolina, County of Anderson

This memorandum of agreement made and entered into this the 10th day of February 1898, for the year commencing 1st day of January 1898 and ending 25th December 1898, between M. T. Fleming of the first part and G. W. Browning of the second part, both of Anderson County and State of South Carolina. Witnesseth:

The said M. T. Fleming on his part agrees to rent unto said Browning a part of his plantation known as the Bryant place, supposed to contain fifty five or sixty acres, for cultivation situate and being in Brushy Creek Township in County aforesaid, Together with the buildings thereon, consisting of Rob Bryant house and the house he lives in, firewood and pasturage, and seventy five dollars money, and to take Three Thousand pounds of good middling lint cotton, put up in six 500 lbs bales delivered at his residence on or by the 1st day of November 1898.

Said G. W. Browning agrees to live on the above named premises, to prepare the land in a farm like manner, plant crops in due time, and cultivate the crops in due season, and gather all crops in good condition, and pay said M. T. Fleming the Three Thousand pounds of good middling lint cotton on or by the 1st day of November 1898, and to keep up the tenances and take good care of the buildings and premises, and to pay the seventy five dollars and the interest thereon, and all the crops so raised on said land shall stand good to the said Fleming for the said rent and the said debt according to the Statutes of the State in such cases made and provided and said Browning is not to make with said crops until the said debts are settled and paid.

Witness our hands and seals this the 10th day of February 1898.

Witness J. F. C lardy M. T. Fleming (Seal)

G. W. Browning (Seal)

Back / Docketing

1898Fleming, M. T. — to — Browning, L. W. Agreement