Convict leasing

Convict leasing in the United States was widespread in the South during the Reconstruction Period (1865–1877) after the end of the Civil War, when many Southern legislatures were ruled by majority coalitions of African Americans and Radical Republicans,^[8][9] and Union generals acted as military governors. Farmers and businessmen needed to find replacements for the labor force once their slaves had been freed. After many African American politicians were forced out of state and local positions, many Southern legislatures passed Black Codes to restrict free movement of black people and force them into employment. For instance, several states made it illegal for a black man to change jobs without the approval of his employer.^[10] If convicted of vagrancy, black people could be imprisoned, and they also received sentences for a variety of petty offenses. States began to lease convict labor to the plantations and other facilities seeking labor, as the freed men were trying to withdraw and work for themselves. This provided the states with a new source of revenue during years when their finances were largely depleted, and lessees profited by the use of forced labor at less than market rates.^[11]

Northern states, such as New York, also participated in a form of convict leasing well before the Civil War. For example, the New York State prison at Auburn, Auburn Prison, began contracting out and leasing prison labor to companies in order to create a profit for the prison as early as 1823.^[12] As historian Robin Bernstein highlights about this northern prison's white entrepreneurs and founders, "They viewed a prison as a vehicle by which to soak up state funds, build banking, stimulate commerce, manufacture goods, and develop land and waterways. In short, they reimagined the prison as an infrastructure for capitalism."^[13] As Bernstein notes, the prison began manufacturing goods solely to be used within the prison like uniforms and buckets.^[14] This practiced changed, however, in 1821 when a prison warden, Elam Lynds, took over the prison and was adamant on using prison labor to produce goods to sell on the market.^[15] This system, coined the Auburn System, of using prison labor for profit expanded across the North within the next fifteen years.^[16] Bernstein makes clear that this was not just a Southern enterprise, as the system took root in places like Connecticut, Vermont, Massachusetts, New Hampshire, Maine, and even Upper Canada, and that it began well before the Civil War.^[17] As the system expanded and proved profitable by exploiting prison labor, and disproportionately Black prisoners, states across the South and West also adopted it in places like Virginia, Georgia, Tennessee, Illinois, Ohio, Louisiana, Mississippi, Alabama, Kentucky, Indiana, and Michigan.^[18]

The criminal justice system allegedly colluded with private planters and other business owners to entrap, convict and lease black people as prison laborers.^[11] The constitutional basis for convict leasing is that the 1865 Thirteenth Amendment, while abolishing slavery and involuntary servitude generally, permits it as a punishment for crime.

The criminologist Thorsten Sellin, in his book Slavery and the Penal System (1976), wrote that the sole purpose of convict leasing "was financial profit to the lessees who exploited the labor of the prisoners to the fullest, and to the government which sold the convicts to the lessees".^[19] The practice became widespread and was used to supply labor to farming, railroad, mining and logging operations throughout the South.

In Georgia convict leasing began in April 1868, when Union General and newly appointed provisional governor Thomas H. Ruger issued a convict lease for prisoners to William Fort for work on the Georgia and Alabama Railroad.^[9] The contract specified "one hundred able bodied and healthy Negro convicts" in return for a fee to the state of $2,500.^[20] In May, the state entered into a second agreement with Fort and his business partner Joseph Printup for another 100 convicts, this time for $1,000, to work on the Selma, Rome and Dalton Railroad, also in north Georgia.^[21] Georgia ended the convict lease system in 1908.

In Tennessee, the convict leasing system was ended on January 1, 1894 because of the attention brought by the "Coal Creek War" of 1891, an armed labor action lasting more than a year. At the time, both free and convict labor were used in mines, although the two types of workers were kept separated. Free coal miners attacked and burned prison stockades, and freed hundreds of black convicts; the related publicity and outrage turned Governor John P. Buchanan out of office.

The end of convict leasing did not mean the end of convict labor, however. The state sited its new penitentiary, Brushy Mountain State Penitentiary, with the help of geologists. The prison built a working coal mine on the site, dependent on labor done by prisoners, and operated it at significant profit. These prison mines were closed in 1966.^[22]

Texas began convict leasing by 1883 and abolished it officially in 1910.^[23] A cemetery containing what are believed to be the remains of 95 "slave convicts" has recently (2018) been discovered in Sugar Land, now a suburb of Houston.^[24]

The Convict Lease System and Lynch Law are twin infamies which flourish hand in hand in many of the United States. They are the two great outgrowths and results of the class legislation under which our people suffer to-day.

— Ida B. Wells^[25]

Alabama began convict leasing in 1846 and outlawed it in 1928. It was the last state to formally outlaw it. The revenues derived from convict leasing were substantial, accounting for about 10% of total state revenues during 1883,^[26] surging to nearly 73% by 1898.^[3] Political campaigning against convict leasing in Alabama began in 1915. Bibb Graves, who became Alabama's governor in 1927, had promised during his election campaign to abolish convict leasing as soon as he was inaugurated, and this was finally achieved by the end of June 1928.^[27]

This lucrative practice created incentives for states and counties to convict African Americans, and helped increase the prison population in the South to become predominantly African American after the Civil War.^{[citation needed]} In Tennessee, African Americans represented 33 percent of the population at the main prison in Nashville as of October 1, 1865, but, by November 29, 1867, their percentage had increased to 58.3. By 1869, it had increased to 64 percent, and it reached an all-time high of 67 percent between 1877 and 1879.^[19]

Prison populations also increased overall in the South. In Georgia, prison populations increased tenfold during the four-decade period (1868–1908) when it used convict leasing; in North Carolina, the prison population increased from 121 in 1870 to 1,302 in 1890; in Florida, the population increased from 125 in 1881 to 1,071 in 1904; in Mississippi, the population quadrupled between 1871 and 1879; in Alabama, it increased from 374 in 1869 to 1,878 in 1903 and then to 2,453 in 1919.^[19]

In Florida, convicts, most of whom were African American males, were sent to work in phosphate mines, turpentine camps, and lumber camps, although from 1910 onward all Florida state prisoners labored in turpentine and lumber camps.^[28] The convict labor system in Florida was described as being "severe" in comparison to that in other states.^[11] Florida was one of the last states to end convict leasing. The state convict leasing program was ended by Chapter 7833 of the Legislature effective December 31, 1919. County convicts continued to be leased to private interests until 1923. Following the abolition of convict leasing in 1919, the number and proportion of white males sentenced to state prison increased quickly; many prisoners labored in public road construction while others were sent to Union Correctional Institution, then known as Raiford Prison.^[28]

Although opposition to the system increased during the beginning of the 20th century, state politicians resisted its elimination. In states where the convict lease system was used, revenues from the program generated income nearly four times the cost (372%) of prison administration.^[29] The practice was extremely profitable for the governments, as well as for those business owners who used convict labor. However, other problems accompanied convict leasing, and employers became gradually more aware of the disadvantages.^[30]

While some believe the demise of the system can be attributed to exposure of the inhumane treatment suffered by the convicts,^[31] others indicate causes ranging from comprehensive legislative reforms to political retribution.^[29] Though the convict lease system, as such, disappeared, other types of convict labor continued (and still exist presently). These other systems include plantations, industrial prisons and chain gangs.^[19]

The convict lease system was gradually phased out during the early 20th century due to negative publicity and other factors. A notable case of negative publicity for the system was the case of Martin Tabert, a young white man from Munich, North Dakota. Arrested in late 1921 in Tallahassee, Florida on a charge of vagrancy for being on a train without a ticket, Tabert was convicted and fined $25.^[32] Although his parents sent $25 for the fine, plus $25 for Tabert to return home to North Dakota, the money disappeared while Tabert was held in the Leon County Jail. Tabert was then leased to the Putnam Lumber Company in Clara, a town in the Florida Panhandle approximately 60 miles (97 km) south of Tallahassee in Dixie County.^[32] There, he was flogged to death by the whipping boss, Thomas Walter Higginbotham.^[33] Coverage of Tabert's killing by the New York World newspaper in 1924 earned it the Pulitzer Prize for Public Service. Governor Cary A. Hardee ended convict leasing in 1923, due in part to the Tabert case and the resulting publicity.

North Carolina, while without a system comparable to the other states, did not prohibit the practice until 1933. Alabama was the last to end the practice of official convict leasing in 1928 by the State,^[34] but many counties in the South continued the practice for years.^[10]

• Convict assignment (Australia)
• Federal Prison Industries
• Field holler
• Field slaves in the United States
• History of unfree labor in the United States
• Penal labor in the United States
• Ruiz v. Estelle
• Slavery in the 21st century#Prison labor
• Trusty system

• Blackmon, Douglas A. Slavery by Another Name: The Re-Enslavement of Black Americans from the Civil War to World War II. New York: Anchor Books, Random House Publishing, 2008. ISBN 0-385-72270-2.
• Lichtenstein, Alex. Twice the Work of Free Labor: The Political Economy of Convict Labor in the New South (Verso, 1996).

• Berstein, Robin. Freeman's Challenge: The Murder that Shook America's Original Prison for Profit. Chicago: University of Chicago Press, 2024. ISBN 978-0-226-74423-0.
• Blue, Ethan. Doing Time in the Depression: Everyday Life in Texas and California Prison. New York: New York University Press, 2012. ISBN 978-0-8147-0940-5.
• Cardon, Nathan. "'Less Than Mayhem': Louisiana's Convict Lease, 1865-1901". Louisiana History: The Journal of the Louisiana History Association (Fall 2017): 416-439.
• Kahn, Si, and Elizabeth Minnich. The Fox in the Henhouse: How Privatization Threatens Democracy, San Francisco: Berrett-Koehler Publishers, 2005. ISBN 1-57675-337-9.
• Moulder, Rebecca, H. "Convicts as Capital: Thomas O'Conner and the Leases of the Tennessee Penitentiary System, 1871–1883", East Tennessee Historical Society Publications, no. 48 (1976): 58–59. OCLC 54953280.
• Oshinsky, David M. Worse Than Slavery: Parchman Farm and the Ordeal of Jim Crow Justice. New York: The Free Press, 1996. ISBN 0-684-82298-9.
• Shapiro, Karen. A New South Rebellion: The Battle Against Convict Labor in the Tennessee Coalfields, 1871-1896 (University of North Carolina Press, 1998).
• Staples, Brent (October 27, 2018). "A Fate Worse Than Slavery, Unearthed in Sugar Land". Opinion. The New York Times.

• Powell, J.C., The American Siberia (1891), memoir of 14 years in a Florida convict camp; full text online at Google Books
• Waters, Robert. "Convict Leasing in Florida, or A Postcard from a Southern Siberia", June 2007, guest post at Laura James' CLEWS, a literary blog about crime
• Slavery by Another Name (2012)
• "Locked Up: The Prison Labor That Built Business Empires", Reveal (November 25, 2023)