June 20, 2024

Slavery

 NY Times - Many people do not realize that Emancipation did not legally end slavery in the United States, however. The 13th Amendment — the culmination of centuries of resistance by enslaved people, a lifetime of abolitionist campaigning and a bloody civil war — prohibited involuntary servitude “except as a punishment for crime whereof the party shall have been duly convicted.”

In the North, that so-called exception clause was interpreted as allowing the private contracting of forced prison labor, which was already underway, and in the ex-Confederacy it gave rise to the much more brutal system by which freed men and women were routinely arrested under false charges and then leased out to plantation owners and industrialists to work off their sentence. Some historians have described this convict leasing system as “worse than slavery,” because there was no incentive to avoid working those people to death.

Over time, courts accepted that all people who are incarcerated lose the protection against slavery or involuntary servitude. The legacy of that legal deference is a grim one. Today, a majority of the 1.2 million Americans locked up in state and federal prisons work under duress in jobs that cover the entire spectrum, from cellblock cleaning to skilled manufacturing, for wages as low as a few cents per hour or, in several states, for nothing at all. And though members of Congress denounce imported goods made with prison labor in places like China’s Xinjiang province, the offices of many government agencies in Washington and elsewhere are stocked with furniture and supplies made by prisoners in this country. In fact, federal agencies are mandated to purchase goods from federal prisons, just as state or municipal agencies, including public schools and universities, often must consider sourcing from state penitentiaries. In many states, prison-made goods are freely available on the open market and shipped overseas.

 

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