The Unknown Legacy of the 13th Amendment

Abstract

On January 31, 1865, Congress passed the 13th Amendment, declaring slavery illegal in the United States. Or so it seemed. The second line of the Amendment, and the most oft unknown, states that slavery can still be used as a form of punishment for crimes, and this practice became widely used as a part of southern backlash to Reconstruction Era policies. After the end of the Civil War, many southern states struggled with rebuilding their infrastructures and government systems. In order to avoid falling into more debt, many of these states turned towards the convict lease system, which claimed that the state prison could lease out its convicts to local companies, usually in industries such as mining, lumbering, and railroad building, to not only house prisoners inexpensively but also regain the means of labor they had with slavery before the Civil War. By adopting the convict lease system, southern states were able to earn revenue and control the suddenly free black population of the South, and with the development of black codes, these states were able to legally disenfranchise African Americans up until the 1930s when Alabama became the last state to abolish the convict lease program. [excerpt