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Black Codes and Convict Leasing
When slavery was legally abolished, a new set of laws called the Black Codes emerged to criminalize legal activity for African Americans. Through the enforcement of these laws, acts such as standing in one area of town or walking at night, for example, became the criminal acts of “loitering” or “breaking curfew,” for which African Americans were imprisoned. As a result of Black Codes, the percentage of African Americans in prison grew exponentially, surpassing whites for the first time.3
A system of convict leasing was developed to allow white slave plantation owners in the South to literally purchase prisoners to live on their property and work under their control. Through this system, bidders paid an average $25,000 a year to the state, in exchange for control over the lives of all of the prisoners. The system provided revenue for the state and profits for plantation owners. In 1878, Georgia leased out 1,239 prisoners, and all but 115 were African American.4
Much like the system of slavery from which it emerged, convict leasing was a violent and abusive system. The death rate of prisoners leased to railroad companies between 1877 and 1879 was 16 percent in Mississippi, 25 percent in Arkansas, and 45 percent in South Carolina.5 The stories of violence and torture eventually led to massive reform and abolition movements involving alliances between prisoner organizations, labor unions, and community groups. By the 1930s, every state had abolished convict leasing.6
Chain Gangs
As the southern states began to phase out convict leasing, prisoners were increasingly made to work in the most brutal form of forced labor, the chain gang. The chain gangs originated as a part of a massive road development project in the 1890s. Georgia was the first state to begin using chain gangs to work male felony convicts outside of the prison walls. Chains were wrapped around the ankles of prisoners, shackling five together while they worked, ate, and slept. Following Georgia’s example, the use of chain gangs spread rapidly throughout the South.7 |
