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nly in the south did the physical penitentiary become virtually synonymous with the various private enterprises in which incarcerated people labored 8 the writer douglas a blackmon described the system it was a form of bondage distinctly different from that of the antebellum south in that for most men and the relatively few women drawn in this slavery did not last a lifetime and did not automatically extend from one generation to the next but it was nonetheless slavery a system in which armies of free men guilty of no crimes and entitled by law to freedom were compelled to labor without compensation were repeatedly bought and sold and were forced to do the bidding of white masters through the regular application of extraordinary physical coercion 9 origins edit 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 10 11 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 12 if convicted of vagrancy black people could be imprisoned and they also received sentences for a variety of petty offenses states began to lease convicted 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 13 incarcerated laborers at the mississippi state penitentiary at parchman in 1911 when mississippi ended convict leasing in 1906 all incarcerated people were sent to parchman black codes pig laws and vagrancy laws intended to restrict the movement and freedom of black people across the south functioned by criminalizing unemployment homelessness and changes in employment these laws were coupled with increasing sentencing and harsher penalties for minor offences across the south in doing so statutes created a new criminal class made up of newly freed people rapidly expanding the numbers of people subject to imprisonment 14 as this happened states across the south would begin to codify convict leasing within statute books alabama as one example did so in 1875 by amending several aspects of the revised code to employ or hire out the convicts to be used without the walls of the penitentiary either upon public or private work within the state 15 whist prison labour had existed prior to the civil war the rapid expansion of incarcerated populations gave way for a reorganisation of carceral labour systems from internal state motivations to external economic and racial motivations 16 the criminal justice system worked closely with private planters and industrialists to supply prison laborers the overwhelming majority of whom were black 17 the constitutional basis for convict leasing lay in the 1865 thirteenth amendment which ostensibly abolished slavery and involuntary servitude except as a punishment for crime in several states such as alabama the practice would be implemented following fiscal crises with the purpose of the practice to provide financial profits to the lessees and to the government agencies that sold convicted labor to the lessees 5 the practice became widespread and was used to supply labor to farming railroad mining and logging operations throughout the south 18 although convict leasing became most widespread throughout the post civil war south similar systems of contract prison labour had existed earlier in northern states as well for example the new york state prison at auburn auburn prison implemented a system of silent prison labor which resulted in profits generated for the prison as early as 1823 although prison manufacturing had initially focused on manufacturing goods intended for use within the prison such as uniforms and buckets that practice changed in 1821 when principal keeper elam lynds took over prison administration and used incarcerated laborers to produce goods to sell on the market lynds approach known as the auburn system or silent system expanded across the united states becoming the dominant model of prison discipline by the 1830s initially conceived as a regime of moral discipline rather than explicitly driven by a profit motive 17 the costs of implementing the system were offset by the profits generated by prison made goods in the south and west of the united states carceral labour systems would disproportionately rely upon black incarcerated people 19 20 5 21 economic motivations edit following emancipation and the civil war southern states were economically devastated with many state treasuries facing fiscal crises and insolvency additionally with the loss of enslaved labourers private enterprise would also struggle to sustain southern economies without a rapid evolution this economic motivation to keep economies built on forced labour afloat led states and businesses to turn toward incarceration and incarcerated people to support both government spending and private sector profits 14 with the sudden growth of incarceration as a labour source corruption would follow with companies lagging behind on payments states aiming to maximise revenues and both losing track of exactly who was incarcerated 17 incarcerated people picking cotton at angola state farm c 1900 incarcerated overwhelmingly black people were a source of revenue for states from the onset of convict leasing viewed as a cheap and disposable workforce and this view would persist as prison labour transitioned away from convict leasing and toward prisons as state operated self sustaining plantations farms and factories 22 like angola plantation which operates to this day the state would in effect become the lessee the economic rationale of convict leasing was inseparable from its racial motivations and roots following slavery incarceration and carceral labour were utilised to rebuild economies with the newly criminalised black citizens contemporary sociologist frank tannenbaum observed that incarceration was not solely an economic alternative to slavery but a reorganisation to preserve racial hierarchy and provide a flow of cheap labour for industry 22 lived experiences and gender edit by the 1880s black people made up between 80 and 90 of those incarcerated in the south 23 the lived experience of two black men ezekiel archey and ambrose haskins who were leased to the pratt mines by the state was documented in their petition to reginald dawson the then president of the alabama board of inspectors of convicts 9 their letter describes persistent discrimination and physical abuse based explicitly on their skin colour as well as a refusal to allow them family visitation they also describe food shortages and excessive work quotas they observed that black people who do the work were being routinely punished for the misconduct of incarcerated white people whilst also denied the same privileges afforded to the white people 24 at no point do they plea for freedom but they write to show the harsh treatment of incarcerated black people as compared to incarcerated white people as delays and missed quotas were out of their control whilst the majority of people subjected to convict leasing were black men black women were also incarcerated and forced into labour within the system women s experiences were both gendered and racialised reflecting an intersection of punishment exploitation and social control in the post emancipation south black women were also criminalised through the same mechanisms that men were with charges of vagrancy petty theft and crimes against morality these charges often masked efforts to regulate behaviour enforce economic dependence and maintain social control over black women 25 women prisoners wait in line at the parchman post office circa 1930 mississippi department of archives and history one example of the intersection of race and gender with convict leasing is the life of ella gamble who whilst pregnant was incarcerated for murder in 1884 by an all white male jury based on circumstantial evidence whilst incarcerated she spent two decades leased out to many private companies performing a range of industrial agricultural and domestic labor tasks ranging from brick making to cooking under the sting of the lash toward the end of her incarceration she had physically deteriorated under the cumulative strain of forced work repeated floggings sexual abuse childbirth injuries and untreated medical conditions 26 another example is that of carrie massie a teenaged incarcerated victim of extreme physical and sexual violence in georgia leased to the rising fawn furnace upon arrival she was subject to cruel and unusual punishments known as water cure and blind mule before sexual violence and repeated rape at the hands of the whipping boss though camp operator joseph brown had built the female barracks separately from the male barracks ostensibly to prevent sexual assaults women were routinely victimised by guards 26 black women were not only perceived as promiscuous and unrapeable but their labour was considered the property of camp officials officials acted as though they owned sexual access to incarcerated black women sexual abuse and harsh punishments acted as functions of prison hierarchy exploited to maintain control over black women 25 26 the system in various states edit convict leasing in southern states began in 1844 when louisiana s first state prison the walls was not turning a profit louisiana leased prisoners to private individuals and corporations mainly plantations until 1901 when the state took back control of the prison 27 in georgia convict leasing began in april 1868 when union general and newly appointed provisional governor thomas h ruger issued a convict lease for incarcerated people to william fort for work on the georgia and alabama railroad 11 the contract specified one hundred able bodied and healthy negro convicts in return for a fee to the state of 2 500 28 in may the state entered into a second agreement with fort and his business partner joseph printup for another 100 convicted people this time for 1 000 to work on the selma rome and dalton railroad also in north georgia 28 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 convicted black people 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 incarcerated people and operated it at significant profit these prison mines were closed in 1966 29 texas began convict leasing by 1883 and abolished it officially in 1910 30 a cemetery containing what are believed to be the remains of 95 slave convicts was discovered in 2018 in sugar land now a suburb of houston 31 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 32 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 33 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 34 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 35 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 orphaned and criminal children 1903 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 36 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 incarcerated people labored in turpentine and lumber camps 35 the convict labor system in florida was described as being severe in comparison to that in other states 13 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 convicted people 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 incarcerated people labored in public road construction while others were sent to union correctional institution then known as raiford prison 35 end of the system edit although opposition to the system increased during the beginning of the twentieth 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 36 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 o...