Convict Leasing Justifications, Critiques, and the Case for Reparations

convict leasing Justifications, Critiques, and the Case for Reparations

Courtney Howell

Оковы тяжкие падут, Your heavy shackles will fall, Темницы рухнут - и свобода The prisons will crumble – and freedom Вас примет радостно у входа, will accept you joyously at the door, И братья меч вам отдадут. and your brothers will give back your sword. Aleksandr Pushkin, 1827

he first prisoner received by his two bricks to one of the piles the State of Florida into the at either end of the yard, place convict leasing system was them on the ground, pick up the Tan African-American man named other two bricks, and carry them Cy Williams. He was officially to the pile at the opposite end. entered into prison records as He continued this process for the “No. 1.” rather than by his name. entire day, always carrying two Williams did not know his own bricks at a time. Martin instructed age upon arrival, but one prison Williams to keep the piles of official’s memoir states that the bricks neat and warned him not boy had been convicted “when he to break any of them. If he failed was a mere pickaninny.” Though to keep his stack orderly, or if he not large enough to mount a damaged the bricks, he would horse, Williams nevertheless be whipped. He continued this attempted to steal one and the activity throughout his sentence authorities caught him while he and “grew up at the task” until was trying to lead it off by the given other labor assignments halter. For his crime, a judge “duly years later. Through the abrasion sentenced” Williams to twenty from simply picking the bricks years imprisonment. Malachi up and setting them down, Martin, the warden of the work Williams managed to wear out camp at the time, unsure at first four sets of bricks while carrying how to put such a small prisoner out his sentence. The state never to work, eventually came up with considered commuting Williams’ an idea. He placed a pile of two sentence, even after ten years of bricks at each of end of the prison service as protocol dictated; the yard while giving “the black proper avenues for commutation baby” two more. The warden were not in place at the camp then ordered Williams to carry because of inefficient leadership 57 and poor organizational between the abolition of slavery structures within the prison and the adoption of Jim Crow system. Eventually, however, laws, it is my contention that Williams received “gain time” and contemporaries of the system— only served seventeen years out both supporters and critics— of his twenty-year sentence.1 understood it instead as primarily The experiences of Cy a system of economic control Williams and of the countless that created social and labor other prisoners who passed inequalities. through convict labor camps in Florida were documented by “Slavery By Another Name” retired camp Captain J.C. Powell in his memoir The American Areas within the southern Siberia. In his book, Powell United States primarily utilized argues that the convict leasing the practice of convict leasing. system was an indispensable Though the ratification of the part of life in Florida. He thirteenth amendment of the maintains that convict leasing Constitution abolished slavery was necessary due to a lack of and involuntary servitude within free laborers in the state, while the country, it allowed for one also arguing that the conditions important exception: forced labor and policies of the camp were as punishment for being duly needed in order to maintain convicted of a crime.2 Because of control within the chaotic natural this exception, states subjected environment of Florida. Critics convicted persons to forced of the system challenged these labor even after the general views, however, and Powell end of slavery. Though some repeatedly acknowledges staunch northern states devised contracts opposition to convict leasing for convicted criminals and within local populations. Across required labor within the field of the country, both supporters and product manufacturing, systems opponents of the convict leasing of convict labor were more system engaged in a debate notorious and more pervasive about whether it was morally in the states of the South.3 permissibly, whether it was In southern states, convicts economically viable, and whether labored under the supervision it was effective from a reformative of private companies without perspective. That debate, and pay. In turn, these companies the rhetoric utilized within the or lessees were responsible for conversation, is the focus of this providing clothing, food, and paper. While modern scholarship living accommodations for posits that the convict leasing their leased prisoners. This system functioned as a form of 2. U.S. Constitution. Amend. XIII, Sec. racialized control that created 1. Passed by Congress on January 31, 1865. racial inequalities in the period Ratified on December 6, 1865. 3. John Roberts, “History of Prisons,” World 1. All information on Cy Williams pulled Encyclopedia of Police Forces and Correctional from: J. C. Powell, The American Siberia Systems (Farmington Hills, MI: Gale (Chicago, IL: H. J. Smith & Co., 1891), 15-16. Publishing, 2006) 74-86. 58 arrangement allowed southern to legitimize it as beneficial and states to deal with growing prison necessary, and how detractors populations without making of the system rationalized their the necessary adjustments to discontent. My work also infrastructure in order to support illustrates changes in sentiment them. Convicts were mainly regarding theories of punishment. put to work at privately owned The debates over the convict factories, mines, logging camps, leasing system examined in this and plantations.4 By the turn of paper encapsulate differences the century, convict leasing had in opinion over the scope and become an increasingly lucrative ultimate goal of imprisonment. but significantly abused system Free laborers and progressive of punishment. For example, social organizations critiqued prisons provided black prisoners the system because it created to companies for forced labor competition for employment and more often than white inmates, did not provide an acceptable who instead tended to serve their standard of living. Leaders within time within penitentiaries or the system and within other more jail cells.5 Additionally, leasing conservative spheres of society subjected convicts to hazardous defended it as an improvement working conditions due to a lack over both former systems and of legal safeguards.6 As a result other possible alternatives. My of growing opposition from paper also traces divisions in numerous fronts, the practice theories of punishment from the was officially discontinued in the perspective that hard labor serves 1920s. a reformative purpose to the notion that isolation is a better Purpose of Research means of punishment. I aim to expand upon these historical My research will contribute and philosophical perspectives to the existing literature on pertaining to questions of race, convict leasing by delving into labor, and morality as they relate how certain contemporaries of to convict leasing. the system—prison officials, employers, social organizations, Historical Perspectives and laborers—critiqued or defended its implementation, its Historians have argued that place in Southern society, and the changes that occurred within its final dismantlement. This the South’s social structure paper addresses how rhetoric was after the Civil War served as utilized by different supporters catalysts for the implementation of the convict leasing system of the convict leasing system. 4. Ibid. Prior to emancipation, slaves 5. Robert Atkinson, “Prison Labor Benefits occupied the lowest class of Inmates and the Economy.” How Should society. Reconstruction endowed Prisons Treat Inmates? Ed. Kristen Bailey, (San Diego, CA: Greenhaven Press, 2005). At freedmen with citizenship, which Issue. Opposing Viewpoints in Context. subsequently presented the 6. Ibid. possibility for African-Americans 59 to be included within the social this new state function. They structure in terms of both living refused to spend money on their space and political influence. former slaves—even in the case The creation of Black Codes of imprisonment. Nonetheless, and the criminalization of black white communities desired behavior by post-Reconstruction stricter punitive measures that legislatures illuminated white would counter black mobility. discomfort and indignation Historians argue that a major toward this development. priority of white southerners was Legislatures reclassified certain the adoption of a penal system crimes from misdemeanors to that would be both self-sustaining felonies when they believed black and a tool for racialized control.9 offenders primarily committed Convict leasing became the the offenses.7 These developments system implemented to achieve that lead up to the adoption these goals. of the convict leasing system Scholars position the convict addressed a cultural need to leasing system’s place in Southern reinforce white supremacy after history at the intersection of emancipation. Because of this, racialized control and economic some scholars consider convict benefit on behalf of the state. The leasing a functional replacement implementation of convict leasing of slavery.8 The structure of the responded to the desire of white convict leasing system, in other southerners to establish a penal words, mimicked the economic system that would dole out the and racialized benefits of slavery maximum amount of punishment within the states of the South. at a minimal cost to taxpayers. Emancipation additionally Convict leasing allowed local altered the social order of the and state governments both to South by dismantling the discipline newly emancipated traditional structure of African-Americans whose punishment. Following the behavior did not adhere to white Civil War, the South needed an standards and to yet again reap expanded corrections system. the benefits of black labor as Under the previous system of they had prior to the Civil War. slavery, offenses committed by The system dually achieved the African Americans would have goals of discouraging African- been punished by masters. American misbehavior and of After emancipation, these facilitating public works such crimes became the concern and as road construction. Convict responsibility of the state. White leasing thus targeted black southerners, though, opposed populations in the South. devoting tax dollars to carry out White communities assumed that an innate criminality 7. Matthew J. Mancini, One Dies, Get Another: Convict Leasing in the American South, 1866- existed amongst members of the 1928 (Columbia, S.C.: University of South Carolina Press, 1996), 21. 9. William Cohen, At Freedom’s Edge: Black 8. David M. Oshinsky, Worse than Slavery: Mobility and the Southern White Quest for Parchman Farm and the Ordeal of Jim Crow Racial Control, 1861-1915. (Baton Rouge, LA: Justice (New York, NY: Free Press, 1996), 57. Louisiana State University Press, 1991), 221. 60 African-American race and also same period averaged at 10.97 nurtured a sense of entitlement percent—over twice the death to the appropriation of black rate of white convicts. In contrast, labor.10 During a period when the average annual mortality in whites strove to maintain racial Midwestern traditional prisons control in politics and in society, that did not lease out convicts the convict leasing system during the same five year period helped to secure this control by ranged from .51 to 1.08 percent.13 threatening black citizens who In summary, while the convict could potentially challenge white leasing system ushered in a new dominance. level of economic prosperity for While the convict leasing Southern governments, it exacted system addressed the problem an extraordinarily heavy toll on of how to punish the freedmen imprisoned populations. It was without investing tax money, this suffering that raised doubts it exacerbated inequalities about the system across the between those populations that country. were targeted for imprisonment Historians attribute the and those that were not. By the abandonment of convict leasing 1880s convict leasing had raised to a variety of factors including millions in revenue and had humanitarian concerns about funded public works, ensuring camp conditions, mounting lower tax rates for the white public pressure as abuses became citizenry.11 Young, illiterate, more frequently publicized, African-American males were and the general prioritization of usually the targets of the system, social welfare reform that was and their innocence or guilt was characteristic of the Progressive typically decided by all-white Era. Several circumstances, juries. Defendants would often go including the consolidation of through trial without a lawyer and enough political power in order faced prejudice from juries who to counter the interests of those discounted their testimony. Upon invested in leasing, as well as sentencing, defendants tended to economic developments that receive decade-long sentences in lessened the desire of companies the prison system.12 In addition to retain forced labor, made to the inequalities present within convict leasing more vulnerable courtroom proceedings, scholars to attack.14 Thus humanitarian highlight inequalities between motives, coupled with the the death rates of different aforementioned political and groups of prisoners. For example, economic conditions, worked in labor camps in Mississippi to dismantle the convict leasing from 1880 to 1885, the death system. rate for white convicts averaged at 5.3 percent. The death rate for black convicts within that 10. Cohen, At Freedom’s Edge, 227. 11. Oshinsky, Worse than Slavery, 56-57. 13. Cohen, At Freedom’s Edge, 226. 12. Ibid, 60. 14. Mancini, One Dies, Get Another, 216, 221. 61 Justifications for Gibbons for example, in his Convict Leasing book Tenure and Toil; or, Rights and Wrongs of Property and Labor, Those who supported the maintains that the leasing system implementation of convict leasing benefits individual convicts justified it as a solution to labor by providing them with some problems. For example, in The sort of employment. Though American Siberia, Captain J.C. involuntary, this employment Powell argues that convict labor helps to foster a better work is necessary to cultivate trees in ethic within convict populations the turpentine woods of Florida.15 according to Gibbons. Because of the difficulty of the Additionally, Gibbons argues work, Powell notes the challenge that convict leasing serves to of obtaining sufficient free labor benefit the economy as a whole to cultivate a substantial amount by creating larger forces of skilled of trees. He writes, “The natives labor.18 Advocates who supported follow it more as a make-shift convict leasing saw it as a viable trade than a vocation, and are solution to issues within the only too glad to abandon its economy. hardships for any other character The potential shortcomings of of work that comes to hand.”16 the convict leasing system did not Powell also supports hard labor go unaddressed by regulators and for convicts, as opposed to other advocates. The state legislature types of activities or employment, of Florida, for example, enacted because of the inadequacies of regulations to ensure a basic level the imprisoned population. He of protection for convicts within writes, “We have little material the leasing system. Florida law for skilled labor among the dictated that prisoners could criminals of the South. The bulk not work prior to sunrise or of our convicts are negroes who after sunset. In addition to this, could not by any possibility learn regulations mandated that work a trade, and how to employ them days could not be longer than ten at anything save the simplest hours a day, even on the longest manual toil is a problem not days of the year. The law also set yet solved.”17 Throughout his aside Sundays as free days, and memoir, Powell emphasizes it stipulated that convicts receive the necessity of the convict both a wage and gain time as a leasing system in Florida; the reward for good behavior. In aforementioned labor shortages addition, convicts were afforded and other labor concerns play a the privilege to write letters, large role in his argument. and new regulations called for Other supporters of convict an acceptable quality of food as leasing also cited economic well as proper living conditions motives for implementing and including bathing and sleeping maintaining the system. John 18. John Gibbons, Tenure and Toil; or, 15. Powell, The American Siberia, 27. Rights and Wrongs of Property and Labor 16. Ibid. (Philadelphia, PA: J.B. Lippincott Company, 17. Ibid., 5. 1888). 62 facilities. The use of cruel affairs in Florida.”20 Consistently and unusual punishment was throughout the memoir, he posits disallowed and all punishment that the conditions and policies was to be justly and infrequently of the camp are necessary to applied. While all of these maintain control within Florida’s provisions existed within the chaotic natural landscape. He law, the regulations contained writes, “There are many things no further provisions to ensure about it which may seem harsh, enforcement. As Gene Barber stringent and cruel, and would notes in his column on Florida be, in a northern penitentiary, history: but are stern necessities here. Without them the prisoners All [provisions] depended on could not be kept together for (1) the lessee and his sub-lessee two consecutive days. There is a being law-abiding and (2) the vast difference, in short, between captains or convict bosses being stone walls and open fields…”21 humane. As a rule, the lessee Powell and other advocates of and sub-lessee would be too convict leasing did not argue that far removed, physically and the system was without fault, mentally, to be aware of camp but rather maintained that the conditions, and the captains issues plaguing the system were would often be too calloused necessary evils. and warped to care.19 Advocates of convict leasing also heralded it as an Captain J.C. Powell does not improvement over former ignore the inadequacies of systems. For example, Powell Florida’s convict leasing system repeatedly recounts the ills of within his memoir. For example, Florida prison camp life before he acknowledges the importance convict leasing was implemented. of having guards that would fairly He writes, “The state was poor, implement the rules and that largely unsettled, torn with would not abuse their power or political strife, and as might use excessive force. However, he have been expected, the prison argues that the guard positions was run in a rather happy- go- are so poorly paid that it is lucky fashion, and the history difficult to find competent people of its early years is a story of to fill them. While he does not experiments, expedients and ignore the persistent problems make-shifts of which little or within the system, he nonetheless no record was kept.”22 Powell maintains its necessity within his emphasizes how poor leadership state. Captain Powell describes led to disarray within the prison himself in the introduction of system and how dangerous his memoir as “an advocate of forms of punishment were used, the convict-leasing system as one sometimes with fatal results. One best suited to the present state of such dangerous punishment, 19. Gene Barber, “The Way it Was: The 20. Powell, The American Siberia, 3. Convict Lease System.” The Baker County 21. Ibid., 5-6. Press (Macclenny, FL) April 17, 1980. 22. Ibid, 8. 63 referred to as “sweating” in Thus, Powell argues that a full- Powell’s memoir, was essentially a scale leasing system was turned variation of solitary confinement. to as a final resort in Florida, A prisoner was shut into a closed “very much as was the case when cell without ventilation or light. Georgia was saddled with that Another dangerous punishment institution.”24 Powell largely used under the previous prison advocates for convict leasing system in Florida was referred because of its improvements to as “watering.” According over earlier methods of prison to Powell, watering was a management that resulted in punishment comparable to the chaos and disrepute. torture practices used during the Other sources of support Spanish Inquisition. He writes: for convict leasing stemmed from popular notions about the The prisoner was strapped nature of punishment. In his down, a funnel forced into his book, Tenure and Toil; or, Rights mouth and water poured in. and Wrongs of Property and Labor, The effect was to enormously John Gibbons—while aiming to distend the stomach, producing reconcile issues regarding the not only great agony but a right to property, regulation, sense of impending death, due labor, and social conditions— to pressure on the heart, that advocates for convict leasing unnerved the stoutest. When and the use of hard labor as deaths occurred, as they did punishment. He argues that quite frequently, the remains forcing convicts to labor on were wrapped in a blanket behalf of the state serves a and buried in a shallow reformative purpose. Moreover, trench that barely covered the his argument addresses the desire remains from the air.23 to ensure that justice is served. Gibbons maintains the traditional The prison system in the state prison setting does not improve of Florida faced mounting prisoners in any way. By keeping criticism as a result of the prisoners locked up without any atrocities that occurred from activities or work to accomplish, the implementation of these Gibbons believed prisoners were aforementioned punishments. in a worse position than slaves. Under the pressure of scandal, He emphasizes the negative authorities reached a compromise aspects of traditional prison life, that combined elements of the writing that it: original prison system and the future leasing system. However, …would not only burden the according to Powell’s memoir, taxpayers…for the support of this compromise was not lasting. these convicts in idleness, but it Horrible operating conditions would be cruel and inhumane and buildings deemed unsuitable in the extreme to enforce such for prison purposes forced a penalty upon them. Only change. 23. Powell, The American Siberia, 9. 24. Ibid., 14. 64 those acquainted with the convict leasing system, did prison management, and influence those who advocated who have time and again for it. For example, while J.C. heard the piteous appeal of Powell does not explicitly cite convicts deprived of work to racial motives in his arguments be restored to the same, can supporting convict leasing, he form some idea of the terror frequently notes racial divides of the punishment inflicted by in his memoir. One way in the State upon its convicts in which he does this is by labeling keeping them confined in their white prisoners as “crackers.” cells in idleness, and how the Powell differentiates between maintenance of discipline and different classes of white people, the enforcement of the rules marking those in the convict for health and cleanliness are leasing as a type of “other.” made almost impossible under He emphasizes commonalities such a state of affairs.25 between these “crackers” and black prisoners and makes them Gibbons’ argument against the seem distinct from the rest of traditional prison structure the white South. For example, reflects the notion that Powell writes, “…I discovered condemning prisoners to idleness that we had an exceptionally and isolation in cells not only dangerous and desperate class of serves no positive reformative men to deal with. Most of them purpose, but is worse than other were “Cracker” outlaws and available methods of punishment. cut-throat negroes, sentenced, Gibbons maintains that isolation as a rule, for crimes of the most deprives a prisoner of meaning atrocious character.”26 In this and purpose in life, while hard example, Powell refers to white labor endows the prisoner with convicts as a sort of “other” in temporary distraction and skills terms of morality. He shows for the future. Thus, some of white “cracker” convicts to be the support for convict leasing different from law-abiding whites resulted from different theories by grouping them with black about how to meaningfully and convicts and focusing on the humanely punish criminals. atrocities they committed. In Advocates upheld the system this sense, white convicts were as a viable and effective method described as morally distinct from of enforcing hard labor as a other white populations. In other reformative form of punishment. instances, Powell characterizes white convicts as physically Racial Overtones distinct. Upon beginning his within Commentaries position at the camp, for example, on Convict Leasing Powell notes while looking at the convicts: “The major part of Racial sentiments, while not them were negroes, but it was openly present in the reasons impossible to tell, as they stood, given to continue implementing who were white and who were 25. Gibbons, Tenure and Toil. 26. Powell, The American Siberia, 30. 65 black, so incrusted were they the words of black convicts in his all with the accumulated filth of stories, Powell writes in broken months.”27 In this description, vernacular and attempts to Powell groups white and black mimic and mock their patterns of prisoners together by virtue of speech. Finally, Powell’s memoir their blackened appearance. In highlights these types of stories both instances, Powell touches by including cartoon illustrations upon racial divides in that he and corresponding captions refers to white convicts as a sort like “The Darkey’s Prayer.” By of “other” and focuses on their presenting African American similarities to black convicts. convicts and their actions in a Powell additionally notes derisive manner, in addition to racial divides by commenting on using terms like “darkey”, Powell the behavior of black convicts. comments on racial divisions and He writes, “The guards were perpetuates stereotypes. often negro convicts, and the Other commentaries on old maxim of slavery days, that convict leasing similarly make a black overseer was the cruelest note of racial divisions within to his race, was proven time and the criminal justice system and again.”28 Powell vilifies black society in general, but do not cite convicts by presenting intra-racial racial motives as a catalyst for relations as contemptuous and the implementation of leasing. often violent. He emphasizes The article “Social Conditions that black convict guards were in the Southern States: Second the most frequent perpetuators Article Giving Result of Frances of violence against other blacks. A. Kellor’s Investigations” is one This claim attempts to present such commentary. The author, the black members of the prison Miss Frances A. Kellor from the community as more aggressive University of Chicago, presents while insinuating that the white the findings of her research on members were less cruel. criminological conditions within In addition to shifting focus the South. Kellor’s study, which onto the cruelty of black guards, was funded by the Federated Powell characterized African Women’s Clubs of Chicago, American convicts as naïve, makes frequent note of Southern childlike, and unintelligent. race relations. For example, Kellor He uses anecdotal evidence to states: support his claims. For example, Powell frequently includes stories It is truly said that the negroes’ within his memoir that emphasize best friend is the Southern childish behavior on the part of white man, because the negro black convicts. One anecdote race has not yet ingrained in focuses on a black convict it racial integrity and loyalty. that cries, hides, and shouts This is seen in many ways. The juvenile prayers when a storm negroes prefer white men upon approaches. When paraphrasing the juries, because they are 27. Powell, The American Siberia, 14. fairer. Many negroes are sent 28. Ibid., 9. to prison through the malice of 66 their negro associates. If a negro convicted outside and let them is undesirable in a locality and go.”31 Kellor’s commentary on the does not remove when requested criminal justice system and on it is no uncommon thing for his convict leasing in the South, as neighbors to combine, accuse well as other commentaries on the him falsely, and cause his subject, discuss the racial climate imprisonment. The negro has of the South as a significant factor been trained to be loyal to the on crime rather than a definitive white man, and this still takes rationale. precedence.29 Criticisms of the System Similar sentiments about Southern race relations are Critics of convict leasing present throughout the rest of the consistently took issue with the article. On interracial relations, deplorable conditions of camp Kellor emphasizes African life. Newspaper articles about American dependence on white convict leasing almost universally communities and the historical emphasized mistreatment culture of subservience. Kellor within the system. An article also notes that punishments for entitled “Brutality to Convicts: African American defendants Abuses of the Leasing System became more harsh as “…the in Mississippi”, for example, old generation of slaveholders, asserts that “God will never who have a warm feeling for the smile upon a State that treats its negroes, [were] passing out of convicts as Mississippi does.”32 the courts of justice and younger The article chastises the penal men [were] coming in, who do not system for allowing beatings, the feel the old ties thus established proliferation of various diseases, by slavery.”30 In regards to intra- starvation, inadequate clothing, racial relations, Kellor highlights and vermin infestation to plague examples of African Americans the life of leased convicts. treating other African Americans Moreover, the article maintains harshly. Much like Powell’s that a civilized society should emphasis on the cruelty of black not allow people to be treated convict guards in their treatment the way that leased convicts are. of other black convicts, Kellor The implementation of convict makes arguments about black leasing, then, according to some members of the justice system detractors of the system, did not using their power unfairly. Kellor align with the moral structure of argues that African American American society. justices often gave more severe Other critics of the system sentences, so much so that referenced issues of morality by “white custodians would take the drawing attention to corruption within state oversight. One 29. “Social Conditions in the Southern States: Second Article Giving Result of 31. Ibid. Frances A. Kellor’s Investigations,” Chicago 32. “Brutality to Convicts: Abuses of the Daily Tribune (Chicago, IL), October 21, 1900. Leasing System in Mississippi,” New York 30. Ibid. Times (New York, NY), July 12, 1887. 67 newspaper article condemning fate of convict leasing within the convict leasing’s implementation state of Tennessee. The article in this respect recounts an mentions credible fears that free impassioned denouncement laborers would go to the mines given by Reverend W.E. Lockter and help release the convict in Alabama against the system. laborers working there. The He argued that state officials author of the article encourages were conscious of the fact that the state legislature to think the system was corrupt and only seriously about abolishing convict allowed it to continue because leasing because of problems of the financial advantages it stemming from competition for afforded them. Furthermore, employment. The consistent Lockter maintained that the utilization of convict labor by system perpetuated mistreatment major employers angered free of humans on a level much laborers. This was a major issue worse than that of animals. He that critics took up with the contended that minor criminal implementation of the convict offenses were being used as leasing system. a means to essentially sell In addition to discontented people into bondage as convict free laborers, various women’s laborers. Both his speech and organizations mounted the aforementioned article on opposition to the system of Mississippi deem convict leasing convict leasing because of its a practice that contributes to economic implications. The the moral decay of society. They involvement of the Atlanta not only express outrage about Women’s Club in the abolition the poor quality of camp life, of convict leasing in their state, but further chastise the corrupt for example, is detailed in an motives and profit-seeking that article entitled “Georgia Women underscore the existence of Fighting the Convict Lease.” The the system. Because convicts women’s club was formed in 1895 within the system were subjected and was led by prominent women to such awful conditions and within the state—namely, wives cruel treatment, critics with and widows of elite Georgians. humanitarian motives called According to the article, the for state legislatures to end the Atlanta Women’s Club became practice of leasing. politically involved behind the Pressure to dismantle convict scenes and used their position leasing systems across Southern to influence prominent state states manifested in public officials like Governor Hoke demonstrations by those whose Smith.33 While the practice job security was threatened by of convict leasing had been the availability of cheap convict controversial in the eyes of labor. For example, an article 33. “Georgia Women Fighting the Convict entitled “The Convict Lease Plan: Lease: Owing to the Peculiar Conditions It has resulted in serious trouble Surrounding the System the Fight for Its Abolition Is a Difficult One and Is Being in the South” discusses a meeting Waged Through Secret Channels,” New York set to take place to decide the Times (New York, NY), September 06, 1908. 68 Georgia’s population before the poorly managed, and contagious club’s involvement, no significant individuals were not isolated reform was made within the from the rest of the patients. system even after conditions Additionally, the condition of and abuses were made known the bathing facilities used by to the public. After successfully the convicts was deplorable. championing reformative Kellor also criticizes the working causes like prohibition and the conditions of labor camps. She abolition of child labor, the points out that all prisoners were Atlanta Women’s Club directed required to complete a certain their efforts toward bringing amount of labor, regardless of an end to convict leasing. The their age or physical wellbeing. women’s club dedicated itself to The convict laborers worked long this cause under the principle hours and suffered whippings that it is inhumane and morally if they stop working—even if corrupt for a state to profit off of they fell down as a result of what was essentially slave labor. exhaustion. This was especially Though the Atlanta Women’s problematic considering the type Club actively worked to increase of work completed by convicts the education budget of the state, was largely limited to mining and they did not want schools funded other physically laborious trades. by profits from alcohol or from Finally, Kellor’s article expresses convict leasing. The women’s concern about the effect of labor club took issue with the practice, camps on children. Children then, because leasing violated were allowed to work at an early humanitarian principles in the age and labored alongside adult name of economic profit. convicts. Kellor argues that labor Frances Kellor of the camp life negatively influenced Federated Women’s Clubs of children; they were exposed to Chicago, in the aforementioned unrestricted behaviors including sponsored study on Southern gambling, cursing, and smoking society, also took issue with cigarettes. This exposure, the system of convict leasing. according to Kellor, increased the Unlike the Atlanta Women’s likelihood of the children turning Club, Frances Kellor does not to crime as adults. argue for the system’s abolition While Kellor’s study draws in her report and she was not a attention to numerous concerns vocal opponent of the practice. within the leasing systems of the She does, however, make South, she does not consider critical observations on the the abolition of the practice as maintenance of the system and its a solution to issues regarding repercussions on society.34 criminal activity. Rather, Kellor One of Kellor’s main concerns argues that change needed to is with the sanitary conditions of occur within the economic labor camps. The hospitals were conditions of the South. 34. “Social Conditions in the Southern States: Second Article Giving Result of Frances A. Kellor’s Investigations,” Chicago Daily Tribune. 69 She maintains: Discontinuation of Convict Leasing Financial and economic conditions have an important Convict leasing persisted at bearing upon crime. The various different lengths within possession or lack of money is the states of the South, and was an indirect cause of crime… abolished only when it became The negro has not the standing economically or politically which financial independence unfeasible for states to maintain. gives. He cannot gratify his Alabama was the last state desires and, once arrested, to ban convict leasing on the he is reasonably certain of state level—while allowing it to conviction. In the North there continue on a county-by-county is a greater capacity for using basis—in 1928. States across the money wisely. The negro’s South disallowed convict leasing capacity is often limited to for a variety of reasons. While securing money. Of its real public outrage against the practice value and use he knows but factored into its abolition, other little.35 factors played a larger role in bringing about the end of convict Kellor, though dissatisfied leasing. Mississippi, for example, with the implementation of stopped the leasing of convicts convict leasing, was not morally after the election of Governor opposed to its use within the James K. Vardaman in 1904. prison system. She took issue Even though convict leasing with conditions and operating had been outlawed in the state’s procedures, but did not argue constitution sixteen years prior to for the abolition of convict the election, the practice was only leasing programs. Kellor instead discontinued after Vardaman—a purported that real change political adversary of Mississippi’s needed to occur in the economic lessees—utilized his new opportunities available in the position to strike back against his South, especially for African opponents that benefitted from American individuals. This the system.36 Convict leasing change, she argued, was necessary was halted in Tennessee in 1894, in order for the region to realize ten years prior to the practice’s significant reform regarding discontinuation in Mississippi, criminal justice. Unlike later as a result of conflicts between critics of the leasing system, laborers. Matthew Mancini, in Kellor saw economics as playing a his article “Race, Economics, and key role in the number of African The Abandonment of Convict Americans who ended up in the Leasing”, writes of the abolition convict leasing system rather than of convict leasing in Tennessee, racialized targeting. stating:

35. “Social Conditions in the Southern 36. Matthew J. Mancini, “Race, Economics, States: Second Article Giving Result of and the Abandonment of Convict Leasing,” Frances A. Kellor’s Investigations,” The Journal of Negro History 63, no. 4 (1978): Chicago Daily Tribune. 340. 70 Tennessee’s prudent leaders Despite these assurances, the decided that the demands of NAACP held three objections fiscal responsibility dictated against the proposed contracts abolition when the expense and, unlike earlier critics, of maintaining the militia highlighted the racial injustices at convict stockades—a cost perpetuated by convict leasing. incurred by an armed rebellion First, the organization voiced on the part of free miners who concern about the possibility were displaced by convict of securing just treatment for gangs—proved greater than African American prisoners the income from the leasing because of the history of contract.37 mistreatment in the South. Second, the NAACP maintained The end of convict leasing, that it would be imprudent for nonetheless, did not signify the the federal government to attempt end of convict labor. Many states to use convict leasing since continued to put convicts to work the practice had already been after convict leasing was banned, abandoned in the South by that using convict labor in chain gangs time. Finally, the organization to complete public works projects emphasized that allowing the instead of leasing to corporations. leasing of only African American There were some attempts, prisoners would be clearly though, to re-implement convict discriminatory. Their stance leasing systems in certain states against the re-implementation after it had been dismantled. of convict leasing clearly cited The National Association for concerns about perpetuating the Advancement of Colored racial injustice. While early People (NAACP), for example, critics of the leasing system pushed for reform in Georgia who argued against the practice in 1929. The organization led before the turn of the century protests against proposed referenced concerns about social measures that would allow the and economic conditions, later leasing of African American criticisms reflected a more clear federal prisoners in Atlanta to concern for racial justice. This do road work throughout the highlights the origins of how state. U.S. Superintendent of convict leasing is now positioned Prisons Sanford Bates wrote by modern scholarship within the to the NAACP in reaction to history of racial injustice. these protests and assured the organization that the leasing Modern Implications contracts would disallow corporal punishment and would provide Understanding the for sufficient food and housing. motivations behind the Moreover, he emphasized that implementation of convict work days would not exceed leasing, specifically the racialized eight hours. ones, is important in that it allows for a more accurate discussion 37. Ibid. of racial injustice in the modern 71 penal system. In her book The necessary factor in deciding upon New Jim Crow: Mass Incarceration possible remedies. In his article in the Age of Colorblindness, entitled “Mainly Black Convicts Michelle Alexander argues that used as Heavy Laborers a the current American criminal Century ago”, Douglas Blackmon justice system functions like a presents a case for reparations.39 system of racial caste.38 Alexander He presents the examples of traces the history of racial caste Germany, Japan, and Switzerland in American society back to the in terms of their involvement in days of slavery preceding the making reparations in response Civil War. After the abolition to historical racialized abuses. of slavery, Alexander argues Blackmon, for example, refers that Jim Crow laws served as a to the multi-billion dollar fund replacement system that would created by German corporations continue to accomplish the goal that now makes payments to of keeping African Americans people victimized by Nazi slave stuck within the lowest part of labor programs during World society. In the modern penal War II. This fund was set up system, Alexander argues that a after these corporations faced virtual replacement of Jim Crow lawsuits and diplomatic pressure era policies has been created from multiple nations around through methods of targeting the world, including the United within the “War on Drugs”, States. Blackmon also mentions discrepancies in sentencing laws, that Japanese manufacturing civil penalties for felons, and companies have been criticized the criminal stigma attached to due to allegations that they too African American communities utilized forced labor during the and cultural practices. Her wartime era. Finally, Blackmon arguments are linked to convict cites the agreement made by leasing in that she identifies the Swiss banks in 1998 for the practice as the origin of racial creation of a billion dollar injustice as it relates to American settlement addressing claims prisons. Research on whether about seized Jewish assets at the or not Alexander’s claim is time of the Holocaust.40 Each justified in this respect—that is, example shows potential for the whether or not convict leasing success of reparation claims for was put into practice as a tool of victims of racial discrimination racialized control—is important throughout history. to further analyze claims about In the case of the United modern penal injustice and racial States, Blackmon argues that discrimination. various companies—namely, Determining whether convict real estate businesses and leasing was implemented in order agencies that helped to continue to perpetuate racial injustice is also significant in that it is a 39. Douglas A. Blackmon, “Mainly Black Convicts used as Heavy Laborers Century 38. Michelle Alexander, The New Jim Crow: Ago.” Pittsburgh Post-Gazette (Pittsburg, PA), Mass Incarceration in the Age of Colorblindness July 17, 2001. (New York, NY: New Press, 2010). 40. Ibid. 72 segregation in housing; insurance “slipped into the murk of history, companies, banks, and other discussed little outside the financial institutions that denied circles of sociologists and penal loans to minorities according to historians.”43 He argues, however, red-lining; and other businesses that the story of convict leasing that discriminated against in Alabama has been preserved potential employees during the within government archives, hiring process—“helped maintain records, and courthouses traditions of segregation for a across the state and that these century after the end of the Civil documents “chronicle another War.”41 Despite this fact, calls for chapter in the history of reparations within the United corporate involvement in racial States on behalf of those who abuses of the last century.”44 suffered as a result of these types According to Blackmon and of discrimination have made other scholars, then, the system very little progress. Blackmon of convict leasing served is concerned about convict to prolong the abuse of the leasing because it fits within African American community. the history of racial injustice Determining whether or not their perpetuated by American claims are valid and whether businesses. He writes “In the convict leasing did in fact early decades of the 20th century, perpetuate racial injustice, as did tens of thousands of convicts— slavery, is important in order to most of them… indigent black decide if there is a case to be made men—were snared in a largely for modern American companies forgotten justice system rooted to make reparations. in racism and nurtured by My research illustrates that economic expedience.”42 Up within the rhetoric used in until almost 1930, decades after discussions about convict leasing, most of the other states in the both supporters and critics of South had abolished the use the system refrained from using of convict leasing systems, explicitly racialized arguments Alabama counties continued to uphold their positions. That to lease convicts to businesses is, supporters of the system did to work on farms, in lumber not justify its implementation camps, on railroads, and in in order to maintain a racial mines. Government officials hierarchy, and critics did not in Alabama on both the state decry the system because of the and local level allowed the part it played in perpetuating practice to continue as a result racial injustice after the Civil of financial motivations. At the War. Later criticisms however, time, convict leasing was one beginning with the stance of of the state’s largest sources of the NAACP against the re- funding. The practice was finally implementation of convict leasing abolished in 1928 and its legacy in 1929 and continuing on into has since, according to Blackmon, the work of modern scholarship 41. Ibid. 43. Ibid. 42. Ibid. 44. Ibid. 73 today, clearly demonstrate Club as well as Frances Kellor, concerns about the leasing system noted the detrimental effect acting to target black Americans. of convict leasing on African The distinction between these American communities, their two lines of rhetoric—the first criticisms did not mainly seek a with racial overtones and the remediation to racial injustice. second with explicit concerns Overall, focus was placed on about race—is indicative of the economic motives and poor social shift away from using explicitly conditions. These criticisms can racialized narratives after the be contrasted with the modern Civil War and the trend of focus on convict leasing, which adopting “color-blind” language emphasizes racialized motives and within laws and policies during injustice. Modern scholars largely the dawn of Jim Crow and research convict leasing in its up until the present. Though relation to the system of slavery officially “color-blind” or non- and in the context of racial racially explicit, this narrative injustice. The debate over convict nonetheless allows for the leasing and its implementation, perpetuation of racial injustice. and whether or not the practice The case of convict leasing, then, perpetuated the exploitation of is important in understanding the African American communities, origins of an implicitly racialized is significant in terms of hierarchy that plagues American understanding the modern society to this day. American penal system as well as making the case for reparations. Conclusion Arguments given in support of convict leasing mainly focused on economic benefit; leasing was embraced as a way to increase funding for the state while keeping maintenance costs low. In addition, labor was said to serve a reformative purpose and prepared convicts to enter the workforce. Supporters of the system did not explicitly advocate for its use as a tool for racial control, though in many justifications racial sentiments are implicitly present. Critics of the convict leasing system emphasized the unsanitary conditions of camp life, the danger that convict labor posed to free labor, and the inhumaneness of the institution. While some critics, such as Atlanta Women’s 74

Bibliography

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Secondary Sources: Alexander, Michelle. 2010. The New Jim Crow: Mass Incarceration in the Age of Colorblindness. Jackson, Tenn.; New York: New Press. Atkinson, Robert. 2005. “Prison Labor Benefits Inmates and the Economy.” How Should Prisons Treat Inmates? Ed. Kristen Bailey. San Diego: Greenhaven Press, 2005. At Issue. Opposing Viewpoints in Context. Barber, Gene. “The Way it Was: The Convict Lease System.” The Baker County Press, Apr 17, 1980. Blackmon, Douglas A. 2008. Slavery by Another Name: the Re-enslavement of Black Americans from the Civil War to World War II. New York: Doubleday. Blackmon, Douglas A. 2001. “Mainly Black Convicts used as Heavy Laborers Century Ago.” The Wall Street Journal: Region edition, Pittsburgh Post-Gazette. Cohen, William. 1991. At Freedom’s Edge: Black Mobility and the Southern White Quest for Racial Control, 1861-1915. Baton Rouge: Louisiana State University Press. Ennis, Lisa. 2011. “Convict lease.” The American Economy: a Historical Encyclopedia: 105-106. Mancini, Matthew J. 1996. One dies, get another: Convict leasing in the American South, 1866-1928. Columbia, S.C.: University of South Carolina Press.

76 Mancini, Matthew J. 1978. “Race, Economics, and the Abandonment of Convict Leasing.” The Journal of Negro History 63, (4): 339-352. Oshinsky, David M. 1996. Worse than Slavery: Parchman Farm and the Ordeal of Jim Crow Justice. New York: Free Press. Roberts, John. 2006. History of Prisons. World Encyclopedia of Police Forces and Correctional Systems: 74-86.

Note: The opening quote for this essay is from the poem “Во глубине сибирских руд” or “‘In the depths of the Siberian mines” by Aleksandr Pushkin (1827). Excerpt and translation taken from Poetry Reader for Russian Learners by Julia Titus, Mario Moore, and Wayde McIntosh.

about the author: Courtney Howell is a graduating senior at Virginia Tech with degrees in History, Russian, and Political Science with a concentration in National Security Studies. She holds an additional major in Philosophy. Courtney became particularly interested in the subject of convict leasing after encountering both Michelle Alexander’s book The New Jim Crow and Powell’s memoir The American Siberia. In her research, she was interested in finding out how the convict leasing system paralleled labor prisons in the Soviet Union. Courtney was also interested in how the system of convict leasing fit into the history of racial injustice within the penal system and created the origins of the prison-industrial complex. Courtney’s historical interests more generally center on Russia and Eastern Europe, as well as the 20th century as a whole.