The South's Shocking Hidden History: Thousands of Blacks Forced Into Slavery Until WW2
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By the first years after 1900, tens of thousands of African American men and boys, along with a smaller number of women, had been sold by southern state governments. An exponentially larger number, of whom surviving records are painfully incomplete, had been forced into labor through county and local courts, backwoods justices of the peace, and outright kidnapping and trafficking. The total number of those re-enslaved in the seventy-five years between the end of the Civil War and the beginning of World War II can’t be precisely determined, but based on the records that do survive, we can safely say it happened to hundreds of thousands. How many more African Americans circumscribed their lives in dramatic ways, or abandoned all to flee the South entirely, to avoid that fate or mob violence? It is impossible to know. Millions. Generations.
This is not an easy story for Americans to receive, much less accept. The idea that not just civil rights but basic freedom itself was denied to an enormous population of African Americans until the middle of the twentieth century fits nowhere in the triumphalist, steady-progress, greatest-generations accounts we prefer for our national narrative. That the thrilling events depicted in Steven Spielberg’s recent film Lincoln—the heroic, frenzied campaign by Abraham Lincoln leading to passage of the Thirteenth Amendment abolishing slavery—were in fact later trumped not just by discrimination and segregation but by the resurrection of a full-blown derivative of slavery itself.
This story of re-enslavement is irrefutably true, however. Indeed, even as Spielberg’s film conveys the euphoria felt by African Americans and all opposed to slavery upon passage of the amendment in 1865, it also unintentionally foreshadows the demise of that brighter future. On the night of the amendment’s passage in the film, the African American housekeeper and, as presented in the film, secret lover of the abolitionist Congressman Thaddeus Stevens, played by the actress S. Epatha Merkerson, reads the amendment aloud. First, the sweeping banishment of slavery. And then, an often overlooked but powerful prepositional phrase: “except as a punishment for crime.”
It began with Reconstruction. Faced with empty government coffers, a paralyzing intellectual inability to contemplate equitable labor arrangements with former chattel, profound resentment against the emancipated freedmen, and a desperate economic need to force black workers back into the fields, white landowners and government officials began using the South’s criminal courts to compel African Americans back into slavery.
In the first years after the Civil War, even as former slaves optimistically swarmed into new schools and lined up at courthouses at every whisper of a hope of economic independence, the Southern states began enacting an array of interlocking laws that would make all African Americans criminals, regardless of their conduct, and thereby making it legal to force them into chain gangs, labor camps, and other forms of involuntarily servitude. By the end of 1865, every Southern state except Arkansas and Tennessee had passed laws outlawing vagrancy and defining it so vaguely that virtually any freed slave not under the protection of a white man could be arrested for the crime. An 1865 Mississippi statute required black workers to enter into labor contracts with white farmers by January 1 of every year or risk arrest. Four other states legislated that African Americans could not legally be hired for work without a discharge paper from their previous employer—effectively preventing them from leaving the plantation of the white man they worked for.
After the return of nearly complete white political control in 1877, the passage of those laws accelerated. Some, particularly those that explicitly said they applied only to African Americans, were struck down in court appeals or through federal interventions, but new statutes embracing the same strictures on black life quickly replaced them. Most of the new laws were written as if they applied to everyone, but in reality they were overwhelmingly enforced only against African Americans.