After the Civil War, the 13th, 14th, and 15th Constitutional amendments were passed which aided newly freed slaves in being equally treated under the law, or so the story goes. The fact of the matter is that slavery was- and still is- completely legal in the United States and not only that, but it took on a much different form. The institution of slavery changed as instead of having the direct enslavement of blacks with an entire apparatus that had to be created to keep slaves in their condition, elements of the state apparatus were used to enslave blacks, namely the legal and prison systems. Yet, the enslavement itself was changed as black convicts were no longer slaves to individual masters, but rather they were enslaved to the companies which they were leased out to. To create this system there not only had to be the involvement of the Southern judicial system and individual Northern and Southern elites, but also the involvement of the corporation and reinstitution of slavery within a corporate context.
The 13th Amendment
To attain a full understanding of the convict lease system, there must first be a reexamination of the 13th amendment. It has been stated in history books and in classrooms across America that this amendment ended slavery, yet this is quite false. The 13th Amendment states “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.” [1] (emphasis added) Thus, slavery is completely and totally legal if it is part (or the whole) of a punishment for someone who was convicted of a crime.
When debating the 13th amendment, many in Congress were not thinking of slaves, but rather white labor, with Senator Henry Wilson saying “The same influences that go to keep down and crush down the rights of the poor black man bear down and oppress the poor white laboring man.” [2] Senator Richard Yates of Illinois was much blunter, stating that he had “never had the negro on the brain” [3] when discussing the amendment. Such notions are in the absurd! Wilson is correct to an extent when he argues that both slave and white labor are oppressed by the same system; both are oppressed in that they are being manipulated and played off one another by the elite of both the North and South. Still, Wilson ignores the fact that white labor was very much less oppressed than black slave labor as white laborers were seen as human being, deserving of dignity and respect, rather than treated worse than animals. White laborers were free to do as they pleased, not having to worry about ensuring that they consistently had papers on their person as to prove their freedom.
The passing of the 13th amendment should be examined within the context of an economic competition between black slave labor and free white labor. The South’s economy was built around slave labor and the ability to have the slaves produce more than they were ‘worth,’ seeing as how slaves were viewed as not just general property but a long-term economic investment which helped the Southern plantation elite. Yet, due to the existence of slavery, white labor suffered as not only did they lose out on the income they were making when slavery was first introduced as well as the potential future income, but also white labor was unable to make advances within the South as slave provided a source of labor that was less expensive in the long-term.
