Despite the popular belief that the Emancipation Proclamation signed by Lincoln freed southern slaves in the Civil War, it was actually through the passage of three Constitutional amendments (the 13th, 14th, and 15th) that ensured equal treatment for these newly emancipated individuals according to the law. However, despite these efforts, slavery continued to exist in America within legal limits and underwent substantial transformations.
The institution of slavery went through a change where blacks were no longer directly enslaved, but were instead enslaved through the legal and prison system in the United States. Rather than being owned by individual masters, black individuals were now leased out to companies and became enslaved to them. This new system involved the Southern judicial system, as well as Northern and Southern elites, and required corporations to establish slavery within a corporate framework.
This paper investigates the categorization of the US convict lease system as “slavery” with a different label. The aftermath of the Civil War had a profound effect on the economy of the Southern region. Prior to the war, the South was renowned as America’s most prosperous area, with 75% of millionaires originating from this region. Furthermore, 24 out of 25 wealthiest counties in the US were located in the South. However, this prosperity relied on enslaved workers involved in cotton production, and the Civil War dismantled this entire system. Initially, there was a substantial decrease in exports.
At first, the South decided to hold back cotton as a way to pressure Europe into intervening for their cause. Furthermore, plantations experienced a lack of workers over time. It is important to highlight that during this time, despite being legally emancipated, slaves showed considerable rebelliousness. Whenever the Union army arrived, slaves asserted their freedom and escaped. As a result, numerous slaves deserted plantations, leading to a labor shortage and their refusal to work for their owners. This disruption continued even after the war ended when freedmen resisted going back to the plantations and instead attempted subsistence farming.
For five years, the South experienced a significant interruption in its primary source of income. Previously, it had been the most affluent region in the country but a substantial portion of that wealth was tied up in land and slaves. Despite some land being confiscated and given to freedmen after the war, and some land never fully regaining productivity, it still remained. However, the wealth invested in slaves and related equipment completely disappeared. The emancipation proclamation and the 13th amendment led to a profound loss of Southern wealth with no compensation.
All the millions and millions of dollars invested in slaves essentially vanished. This posed a significant issue for southern elites and plantation owners. If something was previously free, how could they be expected to pay for it now? This dilemma prompted the elites to explore new possibilities. To gain a comprehensive understanding of the subject, we must analyze the 13th amendment. History books and classrooms throughout America have often proclaimed that this amendment abolished slavery, but this is inaccurate. The 13th Amendment is as follows:
“Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.”
Interpreting this statement reveals that slavery is allowed if used as punishment for lawfully convicted individuals. Some members of Congress argued that this provision was not intended for African Americans or enslaved people, but rather aimed at addressing white labor.
Senator Henry Wilson of Massachusetts expressed that the forces suppressing the rights of impoverished black individuals also oppress impoverished white laborers. Meanwhile, Senator Richard Yates of Illinois was more straightforward, claiming that race did not factor into his discussion of the amendment. However, looking at the result of the 13th amendment, it is difficult to believe this. Senator Wilson partially has a valid point in asserting that the same system manipulates and exploits both enslaved individuals and white laborers. This manipulation is facilitated by the elite from both the North and South.
However, Senator Wilson fails to acknowledge that the oppression experienced by white labor was significantly less severe compared to that of black slave labor. The white laborers were recognized as human beings, entitled to dignity and respect, rather than being subjected to treatment worse than animals. Unlike the black slaves, the white laborers enjoyed freedom and autonomy, without the constant burden of having to carry documents proving their status as free individuals. Rather than solely considering the 13th amendment as an emancipation of slaves, it is crucial to analyze its impact on altering the dynamics of competition between black slave labor and free white labor.
Due to slavery, the South’s economy was based on slave labor, with the slaves being seen as a long-term economic investment. This resulted in the slaves producing more than their perceived value. However, the presence of slavery had negative effects on white labor. Not only did they lose their income when slavery was introduced, but they also missed out on potential future income. Moreover, white labor was unable to progress in the South because slavery provided cheaper long-term labor.
Senator Wilson made a valid argument about the evils of slavery in the South. He stated that slavery led to the destruction of valuable land, devalued labor for poor white workers, diminished Southern culture, and allowed Southern aristocrats to insult Northern white workers.
The presence of slavery had two negative impacts on white workers: it created direct competition with slave labor in the South and connected their efforts to enslaved individuals who were treated as inferior. However, opinions about continuing slavery varied among Southern elites. To understand what was to come, examining the social structure during that time is crucial. While slaves theoretically had freedom of choice, racial prejudice was deeply ingrained in the mindset of Southern whites.
Although blacks had fought in the Civil War, their perception did not immediately change. Southern elites still viewed them as inferior and only fit for labor. They wanted to maintain the slave system but adapt it to an industrial setting after the destruction of agriculture, resulting in a system called convict leasing. The end of reconstruction and a change in power in the South greatly impacted crime and punishment.
State after state, new laws were enacted that specifically aimed at African Americans and effectively made their way of life a criminal offense. These laws criminalized various actions like walking on the side of a railroad, speaking loudly in the presence of white women, selling farm products after sunset, and even minor acts such as spitting on the sidewalk, which could result in imprisonment. These legislations, commonly referred to as the black codes, led to numerous black individuals being unjustly imprisoned for extended periods of time on charges that were often fabricated, insignificant, or exaggerated.
Formerly considered misdemeanors, charges now carried harsher penalties, including years of imprisonment. For instance, stealing a pig valued at around $1 could result in up to 5 years behind bars. The most significant charge was vagrancy, which applied to anyone in the southern states who couldn’t prove employment. As a result of these laws, black citizens accounted for 90% of all arrests. In the southern states, convicts were often placed with companies that provided housing and meals in exchange for labor.
It became a regular practice for southern prisons as they started leasing convicts on a monthly basis. The most expensive leases were for the most physically strong workers with the longest prison sentences. As soon as the states realized that prisoners could generate profit, it didn’t take long for the leasing system to flourish. Once the new income started flowing, the states sought ways to increase their earnings even further. Alabama made $14,000 in revenue in its inaugural year of convict leasing in 1874. By 1890, the revenue had increased to $164,000 (approximately 4.
From Texas to Florida to Virginia, all the southern states had a convict lease system in place, which entailed leasing out black convicts to the private sector. This was due to the discovery that convict labor was significantly cheaper than free labor, with businesses finding it 60-80% more affordable. Moreover, these convicts could be employed six days a week, allowing for minimal government supervision. Consequently, various industries such as coalmining, steel manufacturing, and farming regularly leased convicts as a source of income.
The main issue arose from the conflict between the contractors’ profit motive, aiming to extract maximum labor from prisoners while minimizing costs, and the state’s concern for providing basic necessities such as food, clothing, and shelter. This predicament made conditions even worse for the laborers compared to slavery. Unlike in slavery, where owners have an inherent interest in the welfare of their slaves due to their significant investments, there was no similar safeguard in place.
Despite the html tags, the text can be summarized and combined as follows:
The practice of convict leasing treated prisoners as disposable labor. Companies exploited them, easily replacing one prisoner with another when needed. Thus, working conditions were harsh. This effectively re-enslaved many black individuals within a corporate structure formed through collaboration between the state and corporations. The judicial system allowed this injustice to persist.
The Black Codes, laws that restricted the rights of black individuals and criminalized their lives, were instrumental in the implementation of the convict lease system which reduced blacks to a source of labor. These laws enabled the imprisonment of African Americans for minor offenses. For more information on the conditions of the convict lease system, visit http://www.historyisaweapon.com/defcon1/fredouconlea.html. The story of convict leasing can be found at http://www.tshaonline.org/handbook/online/articles/jnc01. Additionally, additional resources offering detailed insight into the convict leasing system are available at http://www.archives.alabama.gov/ahei/Convict_Leasing_in_Alabama_A_System_That_Re-Enslaved_Blacks_After_the_Civil_War_Nov_2011.
Here are some first-hand accounts by women reformers describing the resistance to the convict lease system:
pdf http://www. usprisonculture. com/blog/2011/07/21/resistance-to-convict-lease-system-1-first-hand-accounts-by-women-reformers/
http://www. globalresearch. ca/slavery-by-a-different-name-the-convict-lease-system/31176 peonage.
During the fall cotton season, there was a significantly high number of arrests for blacks who were targeted for peonage under the convict lease system, while sharecropping trapped them with its exorbitant financing cost (90% interest rate) and impeded upward mobility.
