Has chattel slavery ever been used as a criminal punishment in the USA since the passage of the Thirteenth Amendment?When was someone condemned to slavery for the last time in the United States?Has the USA ever taken unilateral military action?Has anyone ever been punished for Project MK-ULTRA?Was slavery really on the way out in the antebellum USA?Has an entire generation of a young children in a civilization ever been orphaned and raised as loyals?Virginia's ratification of the Thirteenth AmendmentHave US troops ever been lawfully quartered in private homes during wartime under the Third Amendment?Has there ever been a society with impartial distribution of privilege and punishment where all members of the society have equal status.Was bribery instrumental to the approval of the Thirteenth Amendment?Has The USPS / APWU Ever Had A Strike Since 1970?Has there been any court cases regarding the Third Amendment to the United States Constitution?
What's the point of having a RAID 1 configuration over incremental backups to a secondary drive?
Confirming the Identity of a (Friendly) Reviewer After the Reviews
How do you move up one folder in Finder?
Does Lufthansa weigh your carry on luggage?
Adding labels to a matrix
Do I have a right to cancel a purchase of foreign currency in the UK?
Should disabled buttons give feedback when clicked?
How can I fix the dull colors I am getting in Ubuntu 19.04 Terminal?
LED glows slightly during soldering
Astronaut distance from Earth?
Would a non-attacking Barbarian's rage end the same turn he started it?
Is it possible to create a craft with specific bones, like the bones of a forgotten beast?
Are there any medieval light sources without fire?
Why do people keep referring to Leia as Princess Leia, even after the destruction of Alderaan?
Is there any reason why MCU changed the Snap to Blip
Why was hardware diversification an asset for the IBM PC ecosystem?
What specific instant in time in the MCU has been depicted the most times?
How can I get a player to accept that they should stop trying to pull stunts without thinking them through first?
Why is the air gap between the stator and rotor on a motor kept as small as it is?
Managing and organizing the massively increased number of classes after switching to SOLID?
What is the measurable difference between dry basil and fresh?
Word meaning to destroy books
What happens to unproductive professors?
Power/Loss diagram
Has chattel slavery ever been used as a criminal punishment in the USA since the passage of the Thirteenth Amendment?
When was someone condemned to slavery for the last time in the United States?Has the USA ever taken unilateral military action?Has anyone ever been punished for Project MK-ULTRA?Was slavery really on the way out in the antebellum USA?Has an entire generation of a young children in a civilization ever been orphaned and raised as loyals?Virginia's ratification of the Thirteenth AmendmentHave US troops ever been lawfully quartered in private homes during wartime under the Third Amendment?Has there ever been a society with impartial distribution of privilege and punishment where all members of the society have equal status.Was bribery instrumental to the approval of the Thirteenth Amendment?Has The USPS / APWU Ever Had A Strike Since 1970?Has there been any court cases regarding the Third Amendment to the United States Constitution?
.everyoneloves__top-leaderboard:empty,.everyoneloves__mid-leaderboard:empty,.everyoneloves__bot-mid-leaderboard:empty margin-bottom:0;
The Thirteenth Amendment to the US Constitution provides (my emphasis):
Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
Section 2. Congress shall have power to enforce this article by appropriate legislation.
This clause seems to indicate that the legal status of chattel slave whose use had triggered the passage of this amendment was not fully abolished by it, but that this form of slavery could be imposed upon criminals as part of their sentence.
Did this ever happen?
I am very much aware of human rights issues surrounding the use or abuse of prison labor by governmental agencies and private correctional companies. This quesiton is not about that, but about true, pre-Civil War-type chattel slavery. That is, did a court ever tell a defendant something like, "We find you guilty of Second Degree Aggravated Mopery with Intent to Do This and the Other Bad Thing, Third Offense. You are hereby sentenced to a life of chattel slavery and shall be auctioned off in the town square at high noon tomorrow."?
united-states slavery crime us-constitution justice
add a comment |
The Thirteenth Amendment to the US Constitution provides (my emphasis):
Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
Section 2. Congress shall have power to enforce this article by appropriate legislation.
This clause seems to indicate that the legal status of chattel slave whose use had triggered the passage of this amendment was not fully abolished by it, but that this form of slavery could be imposed upon criminals as part of their sentence.
Did this ever happen?
I am very much aware of human rights issues surrounding the use or abuse of prison labor by governmental agencies and private correctional companies. This quesiton is not about that, but about true, pre-Civil War-type chattel slavery. That is, did a court ever tell a defendant something like, "We find you guilty of Second Degree Aggravated Mopery with Intent to Do This and the Other Bad Thing, Third Offense. You are hereby sentenced to a life of chattel slavery and shall be auctioned off in the town square at high noon tomorrow."?
united-states slavery crime us-constitution justice
16
You say it isn't still so? en.wikipedia.org/wiki/Federal_Prison_Industries
– liftarn
Jul 2 at 6:50
11
And theguardian.com/commentisfree/2018/may/17/…
– liftarn
Jul 2 at 6:52
add a comment |
The Thirteenth Amendment to the US Constitution provides (my emphasis):
Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
Section 2. Congress shall have power to enforce this article by appropriate legislation.
This clause seems to indicate that the legal status of chattel slave whose use had triggered the passage of this amendment was not fully abolished by it, but that this form of slavery could be imposed upon criminals as part of their sentence.
Did this ever happen?
I am very much aware of human rights issues surrounding the use or abuse of prison labor by governmental agencies and private correctional companies. This quesiton is not about that, but about true, pre-Civil War-type chattel slavery. That is, did a court ever tell a defendant something like, "We find you guilty of Second Degree Aggravated Mopery with Intent to Do This and the Other Bad Thing, Third Offense. You are hereby sentenced to a life of chattel slavery and shall be auctioned off in the town square at high noon tomorrow."?
united-states slavery crime us-constitution justice
The Thirteenth Amendment to the US Constitution provides (my emphasis):
Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
Section 2. Congress shall have power to enforce this article by appropriate legislation.
This clause seems to indicate that the legal status of chattel slave whose use had triggered the passage of this amendment was not fully abolished by it, but that this form of slavery could be imposed upon criminals as part of their sentence.
Did this ever happen?
I am very much aware of human rights issues surrounding the use or abuse of prison labor by governmental agencies and private correctional companies. This quesiton is not about that, but about true, pre-Civil War-type chattel slavery. That is, did a court ever tell a defendant something like, "We find you guilty of Second Degree Aggravated Mopery with Intent to Do This and the Other Bad Thing, Third Offense. You are hereby sentenced to a life of chattel slavery and shall be auctioned off in the town square at high noon tomorrow."?
united-states slavery crime us-constitution justice
united-states slavery crime us-constitution justice
edited Jul 1 at 23:04
Robert Columbia
asked Jul 1 at 22:51
Robert ColumbiaRobert Columbia
1,6581 gold badge9 silver badges24 bronze badges
1,6581 gold badge9 silver badges24 bronze badges
16
You say it isn't still so? en.wikipedia.org/wiki/Federal_Prison_Industries
– liftarn
Jul 2 at 6:50
11
And theguardian.com/commentisfree/2018/may/17/…
– liftarn
Jul 2 at 6:52
add a comment |
16
You say it isn't still so? en.wikipedia.org/wiki/Federal_Prison_Industries
– liftarn
Jul 2 at 6:50
11
And theguardian.com/commentisfree/2018/may/17/…
– liftarn
Jul 2 at 6:52
16
16
You say it isn't still so? en.wikipedia.org/wiki/Federal_Prison_Industries
– liftarn
Jul 2 at 6:50
You say it isn't still so? en.wikipedia.org/wiki/Federal_Prison_Industries
– liftarn
Jul 2 at 6:50
11
11
And theguardian.com/commentisfree/2018/may/17/…
– liftarn
Jul 2 at 6:52
And theguardian.com/commentisfree/2018/may/17/…
– liftarn
Jul 2 at 6:52
add a comment |
2 Answers
2
active
oldest
votes
Yes, but for fixed periods of (for example) six months or 1 or 2 years rather than for life. This section of the 13th Amendment, ratified on the 6th of December, 1865, was controversial from the outset. Slavery Under the Thirteenth Amendment: Race and the Law of Crime and Punishment in the PostCivil
War South by Peter Wallenstein in the Louisiana Law Review (vol 77, No. 1) has this example from Maryland of the punishment of slavery being imposed:
On December 8, 1866, in Annapolis, Maryland, a crowd gathered at the
county courthouse for an auction. A recent advertisement in the
Annapolis Gazette had called the public’s attention to the upcoming
event with the language “Public Sale . . . a Negro man named Richard
Harris, for six months, convicted at the October term, 1866 of the
Anne Arundel County Circuit Court for larceny and sentenced by the
court to be sold as a slave. Terms of sale—cash.”
Public domain, from unpublished congressional digest. Source: The inseparability of capitalism, racism, and imprisonment: an interview with Dennis Childs
Other examples mentioned (all black, unsurprisingly):
Continuing after ratification, a series of announcements later that
month called for sales of other people, among them “a negro man named
John Johnson . . . sentenced to be sold” for one year; “a negro man .
. . named Gassaway Price . . . to be sold for a term of one year”; “a
negro woman . . . named Harriet Purdy . . . to be sold for a term of
one year”; and “a negro woman . . . named Dilly Harris . . . to be
sold for a term of two years.” The charge originally brought against
each of these five people— called “larceny” in the advertisement
although it was actually “petit larceny”—specified the theft of a hog,
for example, or of a bushel and a half of wheat. For the services of
Harriet Purdy for a year, for her alleged theft of a pair of boots, a
white man named Elijah Rockhold paid $34
The sentence was not for life but rather for a number of years.
Whether before or after the “end” of slavery, these “slaves” were not
to be held in perpetuity, but for a period of years. Even after all
black Marylanders had moved into the category of free people, the
statute lost none of its ferocity, nor did it shed its racial
specificity. These circumstances could exist because the Thirteenth
Amendment expressly allowed state actions such as those taken by
Maryland authorities.
Abuses appear to have been widespread, with Republicans at the time protesting that, although the letter of law was clear, the spirit of the law abolishing slavery was being "avoided and got around by these cunning rebels."
In 1866, many Republicans complained that former Confederates were
abusing the crime exception to impose slavery even for minor
crimes....Representative Henry Deming complained, “[U]nder the
exceptional clause (‘except as a punishment for crime’) reconstructed
North Carolina is now selling black men into slavery for petty larceny
. . . .”
6
@rs.29 According to Wikipedia the term is convict leasing. en.wikipedia.org/wiki/Convict_leasing
– liftarn
Jul 2 at 6:48
11
@rs.29: It's the sources that use the term "slavery", so...
– DevSolar
Jul 2 at 7:48
8
@rs.29 The terms 'slave' and 'slavery' are used in the relevant section of the 13th Amendment and in the public notice published at the time. Nor have I seen any evidence that they could not be resold within the time period of their 'sentence'. If you have such evidence, a source would be useful. Also, even in cases of 'convict leasing', individuals could be brought and sold (see liftarn's link).
– Lars Bosteen
Jul 2 at 7:49
8
@costrom Indeed they do. But the question asker here stated clearly that "This quesiton is not about that, but about true, pre-Civil War-type chattel slavery". And indeed that's the only interpretation under which this question could possibly be on-topic; it's not really a "history" question any more if the answer to "has slavery ever been used as a criminal punishment' is "yes, this morning".
– Mark Amery
Jul 2 at 13:28
6
@MartinBonner Aha - a little legal research turns up the Slaughterhouse Cases, 1873, in which the Supreme Court helpfully commented upon the common usage of the day in a way that corroborates my reading. "The word servitude is of larger meaning than slavery, as the latter is popularly understood in this country, and the obvious purpose was to forbid all shades and conditions of African slavery. It was very well understood that ... the purpose of the article might have been evaded if only the word slavery had been used."
– Mark Amery
Jul 2 at 15:53
|
show 8 more comments
Your question is trying to be so precise that it embeds its own answer. You ask:
This quesiton is not about [the human rights abuse that is convict leasing], but about true, pre-Civil War-type chattel slavery. That is, did a court ever tell a defendant something like, "We find you guilty of Second Degree Aggravated Mopery with Intent to Do This and the Other Bad Thing, Third Offense. You are hereby sentenced to a life of chattel slavery and shall be auctioned off in the town square at high noon tomorrow."?
However, one of the salient features of chattel slavery in the US was that it was an inherited condition--any child born to an enslaved mother would be enslaved themselves. But enslaving the child would be a violation of the 13th Amendment. Therefore it would not be possible to recreate an exact replica of antebellum chattel slavery, even if you bound someone to "involuntary servitude" for life, because even someone enslaved through that loophole would not pass that status to their children.
That said, I think you're parsing this too finely. When you have no rights to withhold your labor, a three-year sentence can easily be a life sentence if whoever purchases/rents you sets you to sufficiently dangerous work. Or decides to move you across the country. Or provides so inadequately for your welfare/withholds medical attention from you such that you die during your term. All of which are ongoing processes in present-day prisons in the US. There are too many potential actions which render the distinction between de jure antebellum-style chattel slavery, and the abuses which continue in the US every day today, irrelevant.
add a comment |
Your Answer
StackExchange.ready(function()
var channelOptions =
tags: "".split(" "),
id: "324"
;
initTagRenderer("".split(" "), "".split(" "), channelOptions);
StackExchange.using("externalEditor", function()
// Have to fire editor after snippets, if snippets enabled
if (StackExchange.settings.snippets.snippetsEnabled)
StackExchange.using("snippets", function()
createEditor();
);
else
createEditor();
);
function createEditor()
StackExchange.prepareEditor(
heartbeatType: 'answer',
autoActivateHeartbeat: false,
convertImagesToLinks: false,
noModals: true,
showLowRepImageUploadWarning: true,
reputationToPostImages: null,
bindNavPrevention: true,
postfix: "",
imageUploader:
brandingHtml: "Powered by u003ca class="icon-imgur-white" href="https://imgur.com/"u003eu003c/au003e",
contentPolicyHtml: "User contributions licensed under u003ca href="https://creativecommons.org/licenses/by-sa/3.0/"u003ecc by-sa 3.0 with attribution requiredu003c/au003e u003ca href="https://stackoverflow.com/legal/content-policy"u003e(content policy)u003c/au003e",
allowUrls: true
,
noCode: true, onDemand: true,
discardSelector: ".discard-answer"
,immediatelyShowMarkdownHelp:true
);
);
Sign up or log in
StackExchange.ready(function ()
StackExchange.helpers.onClickDraftSave('#login-link');
);
Sign up using Google
Sign up using Facebook
Sign up using Email and Password
Post as a guest
Required, but never shown
StackExchange.ready(
function ()
StackExchange.openid.initPostLogin('.new-post-login', 'https%3a%2f%2fhistory.stackexchange.com%2fquestions%2f53452%2fhas-chattel-slavery-ever-been-used-as-a-criminal-punishment-in-the-usa-since-the%23new-answer', 'question_page');
);
Post as a guest
Required, but never shown
2 Answers
2
active
oldest
votes
2 Answers
2
active
oldest
votes
active
oldest
votes
active
oldest
votes
Yes, but for fixed periods of (for example) six months or 1 or 2 years rather than for life. This section of the 13th Amendment, ratified on the 6th of December, 1865, was controversial from the outset. Slavery Under the Thirteenth Amendment: Race and the Law of Crime and Punishment in the PostCivil
War South by Peter Wallenstein in the Louisiana Law Review (vol 77, No. 1) has this example from Maryland of the punishment of slavery being imposed:
On December 8, 1866, in Annapolis, Maryland, a crowd gathered at the
county courthouse for an auction. A recent advertisement in the
Annapolis Gazette had called the public’s attention to the upcoming
event with the language “Public Sale . . . a Negro man named Richard
Harris, for six months, convicted at the October term, 1866 of the
Anne Arundel County Circuit Court for larceny and sentenced by the
court to be sold as a slave. Terms of sale—cash.”
Public domain, from unpublished congressional digest. Source: The inseparability of capitalism, racism, and imprisonment: an interview with Dennis Childs
Other examples mentioned (all black, unsurprisingly):
Continuing after ratification, a series of announcements later that
month called for sales of other people, among them “a negro man named
John Johnson . . . sentenced to be sold” for one year; “a negro man .
. . named Gassaway Price . . . to be sold for a term of one year”; “a
negro woman . . . named Harriet Purdy . . . to be sold for a term of
one year”; and “a negro woman . . . named Dilly Harris . . . to be
sold for a term of two years.” The charge originally brought against
each of these five people— called “larceny” in the advertisement
although it was actually “petit larceny”—specified the theft of a hog,
for example, or of a bushel and a half of wheat. For the services of
Harriet Purdy for a year, for her alleged theft of a pair of boots, a
white man named Elijah Rockhold paid $34
The sentence was not for life but rather for a number of years.
Whether before or after the “end” of slavery, these “slaves” were not
to be held in perpetuity, but for a period of years. Even after all
black Marylanders had moved into the category of free people, the
statute lost none of its ferocity, nor did it shed its racial
specificity. These circumstances could exist because the Thirteenth
Amendment expressly allowed state actions such as those taken by
Maryland authorities.
Abuses appear to have been widespread, with Republicans at the time protesting that, although the letter of law was clear, the spirit of the law abolishing slavery was being "avoided and got around by these cunning rebels."
In 1866, many Republicans complained that former Confederates were
abusing the crime exception to impose slavery even for minor
crimes....Representative Henry Deming complained, “[U]nder the
exceptional clause (‘except as a punishment for crime’) reconstructed
North Carolina is now selling black men into slavery for petty larceny
. . . .”
6
@rs.29 According to Wikipedia the term is convict leasing. en.wikipedia.org/wiki/Convict_leasing
– liftarn
Jul 2 at 6:48
11
@rs.29: It's the sources that use the term "slavery", so...
– DevSolar
Jul 2 at 7:48
8
@rs.29 The terms 'slave' and 'slavery' are used in the relevant section of the 13th Amendment and in the public notice published at the time. Nor have I seen any evidence that they could not be resold within the time period of their 'sentence'. If you have such evidence, a source would be useful. Also, even in cases of 'convict leasing', individuals could be brought and sold (see liftarn's link).
– Lars Bosteen
Jul 2 at 7:49
8
@costrom Indeed they do. But the question asker here stated clearly that "This quesiton is not about that, but about true, pre-Civil War-type chattel slavery". And indeed that's the only interpretation under which this question could possibly be on-topic; it's not really a "history" question any more if the answer to "has slavery ever been used as a criminal punishment' is "yes, this morning".
– Mark Amery
Jul 2 at 13:28
6
@MartinBonner Aha - a little legal research turns up the Slaughterhouse Cases, 1873, in which the Supreme Court helpfully commented upon the common usage of the day in a way that corroborates my reading. "The word servitude is of larger meaning than slavery, as the latter is popularly understood in this country, and the obvious purpose was to forbid all shades and conditions of African slavery. It was very well understood that ... the purpose of the article might have been evaded if only the word slavery had been used."
– Mark Amery
Jul 2 at 15:53
|
show 8 more comments
Yes, but for fixed periods of (for example) six months or 1 or 2 years rather than for life. This section of the 13th Amendment, ratified on the 6th of December, 1865, was controversial from the outset. Slavery Under the Thirteenth Amendment: Race and the Law of Crime and Punishment in the PostCivil
War South by Peter Wallenstein in the Louisiana Law Review (vol 77, No. 1) has this example from Maryland of the punishment of slavery being imposed:
On December 8, 1866, in Annapolis, Maryland, a crowd gathered at the
county courthouse for an auction. A recent advertisement in the
Annapolis Gazette had called the public’s attention to the upcoming
event with the language “Public Sale . . . a Negro man named Richard
Harris, for six months, convicted at the October term, 1866 of the
Anne Arundel County Circuit Court for larceny and sentenced by the
court to be sold as a slave. Terms of sale—cash.”
Public domain, from unpublished congressional digest. Source: The inseparability of capitalism, racism, and imprisonment: an interview with Dennis Childs
Other examples mentioned (all black, unsurprisingly):
Continuing after ratification, a series of announcements later that
month called for sales of other people, among them “a negro man named
John Johnson . . . sentenced to be sold” for one year; “a negro man .
. . named Gassaway Price . . . to be sold for a term of one year”; “a
negro woman . . . named Harriet Purdy . . . to be sold for a term of
one year”; and “a negro woman . . . named Dilly Harris . . . to be
sold for a term of two years.” The charge originally brought against
each of these five people— called “larceny” in the advertisement
although it was actually “petit larceny”—specified the theft of a hog,
for example, or of a bushel and a half of wheat. For the services of
Harriet Purdy for a year, for her alleged theft of a pair of boots, a
white man named Elijah Rockhold paid $34
The sentence was not for life but rather for a number of years.
Whether before or after the “end” of slavery, these “slaves” were not
to be held in perpetuity, but for a period of years. Even after all
black Marylanders had moved into the category of free people, the
statute lost none of its ferocity, nor did it shed its racial
specificity. These circumstances could exist because the Thirteenth
Amendment expressly allowed state actions such as those taken by
Maryland authorities.
Abuses appear to have been widespread, with Republicans at the time protesting that, although the letter of law was clear, the spirit of the law abolishing slavery was being "avoided and got around by these cunning rebels."
In 1866, many Republicans complained that former Confederates were
abusing the crime exception to impose slavery even for minor
crimes....Representative Henry Deming complained, “[U]nder the
exceptional clause (‘except as a punishment for crime’) reconstructed
North Carolina is now selling black men into slavery for petty larceny
. . . .”
6
@rs.29 According to Wikipedia the term is convict leasing. en.wikipedia.org/wiki/Convict_leasing
– liftarn
Jul 2 at 6:48
11
@rs.29: It's the sources that use the term "slavery", so...
– DevSolar
Jul 2 at 7:48
8
@rs.29 The terms 'slave' and 'slavery' are used in the relevant section of the 13th Amendment and in the public notice published at the time. Nor have I seen any evidence that they could not be resold within the time period of their 'sentence'. If you have such evidence, a source would be useful. Also, even in cases of 'convict leasing', individuals could be brought and sold (see liftarn's link).
– Lars Bosteen
Jul 2 at 7:49
8
@costrom Indeed they do. But the question asker here stated clearly that "This quesiton is not about that, but about true, pre-Civil War-type chattel slavery". And indeed that's the only interpretation under which this question could possibly be on-topic; it's not really a "history" question any more if the answer to "has slavery ever been used as a criminal punishment' is "yes, this morning".
– Mark Amery
Jul 2 at 13:28
6
@MartinBonner Aha - a little legal research turns up the Slaughterhouse Cases, 1873, in which the Supreme Court helpfully commented upon the common usage of the day in a way that corroborates my reading. "The word servitude is of larger meaning than slavery, as the latter is popularly understood in this country, and the obvious purpose was to forbid all shades and conditions of African slavery. It was very well understood that ... the purpose of the article might have been evaded if only the word slavery had been used."
– Mark Amery
Jul 2 at 15:53
|
show 8 more comments
Yes, but for fixed periods of (for example) six months or 1 or 2 years rather than for life. This section of the 13th Amendment, ratified on the 6th of December, 1865, was controversial from the outset. Slavery Under the Thirteenth Amendment: Race and the Law of Crime and Punishment in the PostCivil
War South by Peter Wallenstein in the Louisiana Law Review (vol 77, No. 1) has this example from Maryland of the punishment of slavery being imposed:
On December 8, 1866, in Annapolis, Maryland, a crowd gathered at the
county courthouse for an auction. A recent advertisement in the
Annapolis Gazette had called the public’s attention to the upcoming
event with the language “Public Sale . . . a Negro man named Richard
Harris, for six months, convicted at the October term, 1866 of the
Anne Arundel County Circuit Court for larceny and sentenced by the
court to be sold as a slave. Terms of sale—cash.”
Public domain, from unpublished congressional digest. Source: The inseparability of capitalism, racism, and imprisonment: an interview with Dennis Childs
Other examples mentioned (all black, unsurprisingly):
Continuing after ratification, a series of announcements later that
month called for sales of other people, among them “a negro man named
John Johnson . . . sentenced to be sold” for one year; “a negro man .
. . named Gassaway Price . . . to be sold for a term of one year”; “a
negro woman . . . named Harriet Purdy . . . to be sold for a term of
one year”; and “a negro woman . . . named Dilly Harris . . . to be
sold for a term of two years.” The charge originally brought against
each of these five people— called “larceny” in the advertisement
although it was actually “petit larceny”—specified the theft of a hog,
for example, or of a bushel and a half of wheat. For the services of
Harriet Purdy for a year, for her alleged theft of a pair of boots, a
white man named Elijah Rockhold paid $34
The sentence was not for life but rather for a number of years.
Whether before or after the “end” of slavery, these “slaves” were not
to be held in perpetuity, but for a period of years. Even after all
black Marylanders had moved into the category of free people, the
statute lost none of its ferocity, nor did it shed its racial
specificity. These circumstances could exist because the Thirteenth
Amendment expressly allowed state actions such as those taken by
Maryland authorities.
Abuses appear to have been widespread, with Republicans at the time protesting that, although the letter of law was clear, the spirit of the law abolishing slavery was being "avoided and got around by these cunning rebels."
In 1866, many Republicans complained that former Confederates were
abusing the crime exception to impose slavery even for minor
crimes....Representative Henry Deming complained, “[U]nder the
exceptional clause (‘except as a punishment for crime’) reconstructed
North Carolina is now selling black men into slavery for petty larceny
. . . .”
Yes, but for fixed periods of (for example) six months or 1 or 2 years rather than for life. This section of the 13th Amendment, ratified on the 6th of December, 1865, was controversial from the outset. Slavery Under the Thirteenth Amendment: Race and the Law of Crime and Punishment in the PostCivil
War South by Peter Wallenstein in the Louisiana Law Review (vol 77, No. 1) has this example from Maryland of the punishment of slavery being imposed:
On December 8, 1866, in Annapolis, Maryland, a crowd gathered at the
county courthouse for an auction. A recent advertisement in the
Annapolis Gazette had called the public’s attention to the upcoming
event with the language “Public Sale . . . a Negro man named Richard
Harris, for six months, convicted at the October term, 1866 of the
Anne Arundel County Circuit Court for larceny and sentenced by the
court to be sold as a slave. Terms of sale—cash.”
Public domain, from unpublished congressional digest. Source: The inseparability of capitalism, racism, and imprisonment: an interview with Dennis Childs
Other examples mentioned (all black, unsurprisingly):
Continuing after ratification, a series of announcements later that
month called for sales of other people, among them “a negro man named
John Johnson . . . sentenced to be sold” for one year; “a negro man .
. . named Gassaway Price . . . to be sold for a term of one year”; “a
negro woman . . . named Harriet Purdy . . . to be sold for a term of
one year”; and “a negro woman . . . named Dilly Harris . . . to be
sold for a term of two years.” The charge originally brought against
each of these five people— called “larceny” in the advertisement
although it was actually “petit larceny”—specified the theft of a hog,
for example, or of a bushel and a half of wheat. For the services of
Harriet Purdy for a year, for her alleged theft of a pair of boots, a
white man named Elijah Rockhold paid $34
The sentence was not for life but rather for a number of years.
Whether before or after the “end” of slavery, these “slaves” were not
to be held in perpetuity, but for a period of years. Even after all
black Marylanders had moved into the category of free people, the
statute lost none of its ferocity, nor did it shed its racial
specificity. These circumstances could exist because the Thirteenth
Amendment expressly allowed state actions such as those taken by
Maryland authorities.
Abuses appear to have been widespread, with Republicans at the time protesting that, although the letter of law was clear, the spirit of the law abolishing slavery was being "avoided and got around by these cunning rebels."
In 1866, many Republicans complained that former Confederates were
abusing the crime exception to impose slavery even for minor
crimes....Representative Henry Deming complained, “[U]nder the
exceptional clause (‘except as a punishment for crime’) reconstructed
North Carolina is now selling black men into slavery for petty larceny
. . . .”
edited Jul 3 at 1:19
answered Jul 1 at 23:05
Lars BosteenLars Bosteen
49.8k10 gold badges226 silver badges309 bronze badges
49.8k10 gold badges226 silver badges309 bronze badges
6
@rs.29 According to Wikipedia the term is convict leasing. en.wikipedia.org/wiki/Convict_leasing
– liftarn
Jul 2 at 6:48
11
@rs.29: It's the sources that use the term "slavery", so...
– DevSolar
Jul 2 at 7:48
8
@rs.29 The terms 'slave' and 'slavery' are used in the relevant section of the 13th Amendment and in the public notice published at the time. Nor have I seen any evidence that they could not be resold within the time period of their 'sentence'. If you have such evidence, a source would be useful. Also, even in cases of 'convict leasing', individuals could be brought and sold (see liftarn's link).
– Lars Bosteen
Jul 2 at 7:49
8
@costrom Indeed they do. But the question asker here stated clearly that "This quesiton is not about that, but about true, pre-Civil War-type chattel slavery". And indeed that's the only interpretation under which this question could possibly be on-topic; it's not really a "history" question any more if the answer to "has slavery ever been used as a criminal punishment' is "yes, this morning".
– Mark Amery
Jul 2 at 13:28
6
@MartinBonner Aha - a little legal research turns up the Slaughterhouse Cases, 1873, in which the Supreme Court helpfully commented upon the common usage of the day in a way that corroborates my reading. "The word servitude is of larger meaning than slavery, as the latter is popularly understood in this country, and the obvious purpose was to forbid all shades and conditions of African slavery. It was very well understood that ... the purpose of the article might have been evaded if only the word slavery had been used."
– Mark Amery
Jul 2 at 15:53
|
show 8 more comments
6
@rs.29 According to Wikipedia the term is convict leasing. en.wikipedia.org/wiki/Convict_leasing
– liftarn
Jul 2 at 6:48
11
@rs.29: It's the sources that use the term "slavery", so...
– DevSolar
Jul 2 at 7:48
8
@rs.29 The terms 'slave' and 'slavery' are used in the relevant section of the 13th Amendment and in the public notice published at the time. Nor have I seen any evidence that they could not be resold within the time period of their 'sentence'. If you have such evidence, a source would be useful. Also, even in cases of 'convict leasing', individuals could be brought and sold (see liftarn's link).
– Lars Bosteen
Jul 2 at 7:49
8
@costrom Indeed they do. But the question asker here stated clearly that "This quesiton is not about that, but about true, pre-Civil War-type chattel slavery". And indeed that's the only interpretation under which this question could possibly be on-topic; it's not really a "history" question any more if the answer to "has slavery ever been used as a criminal punishment' is "yes, this morning".
– Mark Amery
Jul 2 at 13:28
6
@MartinBonner Aha - a little legal research turns up the Slaughterhouse Cases, 1873, in which the Supreme Court helpfully commented upon the common usage of the day in a way that corroborates my reading. "The word servitude is of larger meaning than slavery, as the latter is popularly understood in this country, and the obvious purpose was to forbid all shades and conditions of African slavery. It was very well understood that ... the purpose of the article might have been evaded if only the word slavery had been used."
– Mark Amery
Jul 2 at 15:53
6
6
@rs.29 According to Wikipedia the term is convict leasing. en.wikipedia.org/wiki/Convict_leasing
– liftarn
Jul 2 at 6:48
@rs.29 According to Wikipedia the term is convict leasing. en.wikipedia.org/wiki/Convict_leasing
– liftarn
Jul 2 at 6:48
11
11
@rs.29: It's the sources that use the term "slavery", so...
– DevSolar
Jul 2 at 7:48
@rs.29: It's the sources that use the term "slavery", so...
– DevSolar
Jul 2 at 7:48
8
8
@rs.29 The terms 'slave' and 'slavery' are used in the relevant section of the 13th Amendment and in the public notice published at the time. Nor have I seen any evidence that they could not be resold within the time period of their 'sentence'. If you have such evidence, a source would be useful. Also, even in cases of 'convict leasing', individuals could be brought and sold (see liftarn's link).
– Lars Bosteen
Jul 2 at 7:49
@rs.29 The terms 'slave' and 'slavery' are used in the relevant section of the 13th Amendment and in the public notice published at the time. Nor have I seen any evidence that they could not be resold within the time period of their 'sentence'. If you have such evidence, a source would be useful. Also, even in cases of 'convict leasing', individuals could be brought and sold (see liftarn's link).
– Lars Bosteen
Jul 2 at 7:49
8
8
@costrom Indeed they do. But the question asker here stated clearly that "This quesiton is not about that, but about true, pre-Civil War-type chattel slavery". And indeed that's the only interpretation under which this question could possibly be on-topic; it's not really a "history" question any more if the answer to "has slavery ever been used as a criminal punishment' is "yes, this morning".
– Mark Amery
Jul 2 at 13:28
@costrom Indeed they do. But the question asker here stated clearly that "This quesiton is not about that, but about true, pre-Civil War-type chattel slavery". And indeed that's the only interpretation under which this question could possibly be on-topic; it's not really a "history" question any more if the answer to "has slavery ever been used as a criminal punishment' is "yes, this morning".
– Mark Amery
Jul 2 at 13:28
6
6
@MartinBonner Aha - a little legal research turns up the Slaughterhouse Cases, 1873, in which the Supreme Court helpfully commented upon the common usage of the day in a way that corroborates my reading. "The word servitude is of larger meaning than slavery, as the latter is popularly understood in this country, and the obvious purpose was to forbid all shades and conditions of African slavery. It was very well understood that ... the purpose of the article might have been evaded if only the word slavery had been used."
– Mark Amery
Jul 2 at 15:53
@MartinBonner Aha - a little legal research turns up the Slaughterhouse Cases, 1873, in which the Supreme Court helpfully commented upon the common usage of the day in a way that corroborates my reading. "The word servitude is of larger meaning than slavery, as the latter is popularly understood in this country, and the obvious purpose was to forbid all shades and conditions of African slavery. It was very well understood that ... the purpose of the article might have been evaded if only the word slavery had been used."
– Mark Amery
Jul 2 at 15:53
|
show 8 more comments
Your question is trying to be so precise that it embeds its own answer. You ask:
This quesiton is not about [the human rights abuse that is convict leasing], but about true, pre-Civil War-type chattel slavery. That is, did a court ever tell a defendant something like, "We find you guilty of Second Degree Aggravated Mopery with Intent to Do This and the Other Bad Thing, Third Offense. You are hereby sentenced to a life of chattel slavery and shall be auctioned off in the town square at high noon tomorrow."?
However, one of the salient features of chattel slavery in the US was that it was an inherited condition--any child born to an enslaved mother would be enslaved themselves. But enslaving the child would be a violation of the 13th Amendment. Therefore it would not be possible to recreate an exact replica of antebellum chattel slavery, even if you bound someone to "involuntary servitude" for life, because even someone enslaved through that loophole would not pass that status to their children.
That said, I think you're parsing this too finely. When you have no rights to withhold your labor, a three-year sentence can easily be a life sentence if whoever purchases/rents you sets you to sufficiently dangerous work. Or decides to move you across the country. Or provides so inadequately for your welfare/withholds medical attention from you such that you die during your term. All of which are ongoing processes in present-day prisons in the US. There are too many potential actions which render the distinction between de jure antebellum-style chattel slavery, and the abuses which continue in the US every day today, irrelevant.
add a comment |
Your question is trying to be so precise that it embeds its own answer. You ask:
This quesiton is not about [the human rights abuse that is convict leasing], but about true, pre-Civil War-type chattel slavery. That is, did a court ever tell a defendant something like, "We find you guilty of Second Degree Aggravated Mopery with Intent to Do This and the Other Bad Thing, Third Offense. You are hereby sentenced to a life of chattel slavery and shall be auctioned off in the town square at high noon tomorrow."?
However, one of the salient features of chattel slavery in the US was that it was an inherited condition--any child born to an enslaved mother would be enslaved themselves. But enslaving the child would be a violation of the 13th Amendment. Therefore it would not be possible to recreate an exact replica of antebellum chattel slavery, even if you bound someone to "involuntary servitude" for life, because even someone enslaved through that loophole would not pass that status to their children.
That said, I think you're parsing this too finely. When you have no rights to withhold your labor, a three-year sentence can easily be a life sentence if whoever purchases/rents you sets you to sufficiently dangerous work. Or decides to move you across the country. Or provides so inadequately for your welfare/withholds medical attention from you such that you die during your term. All of which are ongoing processes in present-day prisons in the US. There are too many potential actions which render the distinction between de jure antebellum-style chattel slavery, and the abuses which continue in the US every day today, irrelevant.
add a comment |
Your question is trying to be so precise that it embeds its own answer. You ask:
This quesiton is not about [the human rights abuse that is convict leasing], but about true, pre-Civil War-type chattel slavery. That is, did a court ever tell a defendant something like, "We find you guilty of Second Degree Aggravated Mopery with Intent to Do This and the Other Bad Thing, Third Offense. You are hereby sentenced to a life of chattel slavery and shall be auctioned off in the town square at high noon tomorrow."?
However, one of the salient features of chattel slavery in the US was that it was an inherited condition--any child born to an enslaved mother would be enslaved themselves. But enslaving the child would be a violation of the 13th Amendment. Therefore it would not be possible to recreate an exact replica of antebellum chattel slavery, even if you bound someone to "involuntary servitude" for life, because even someone enslaved through that loophole would not pass that status to their children.
That said, I think you're parsing this too finely. When you have no rights to withhold your labor, a three-year sentence can easily be a life sentence if whoever purchases/rents you sets you to sufficiently dangerous work. Or decides to move you across the country. Or provides so inadequately for your welfare/withholds medical attention from you such that you die during your term. All of which are ongoing processes in present-day prisons in the US. There are too many potential actions which render the distinction between de jure antebellum-style chattel slavery, and the abuses which continue in the US every day today, irrelevant.
Your question is trying to be so precise that it embeds its own answer. You ask:
This quesiton is not about [the human rights abuse that is convict leasing], but about true, pre-Civil War-type chattel slavery. That is, did a court ever tell a defendant something like, "We find you guilty of Second Degree Aggravated Mopery with Intent to Do This and the Other Bad Thing, Third Offense. You are hereby sentenced to a life of chattel slavery and shall be auctioned off in the town square at high noon tomorrow."?
However, one of the salient features of chattel slavery in the US was that it was an inherited condition--any child born to an enslaved mother would be enslaved themselves. But enslaving the child would be a violation of the 13th Amendment. Therefore it would not be possible to recreate an exact replica of antebellum chattel slavery, even if you bound someone to "involuntary servitude" for life, because even someone enslaved through that loophole would not pass that status to their children.
That said, I think you're parsing this too finely. When you have no rights to withhold your labor, a three-year sentence can easily be a life sentence if whoever purchases/rents you sets you to sufficiently dangerous work. Or decides to move you across the country. Or provides so inadequately for your welfare/withholds medical attention from you such that you die during your term. All of which are ongoing processes in present-day prisons in the US. There are too many potential actions which render the distinction between de jure antebellum-style chattel slavery, and the abuses which continue in the US every day today, irrelevant.
answered Jul 3 at 16:59
TierceletTiercelet
2891 silver badge4 bronze badges
2891 silver badge4 bronze badges
add a comment |
add a comment |
Thanks for contributing an answer to History Stack Exchange!
- Please be sure to answer the question. Provide details and share your research!
But avoid …
- Asking for help, clarification, or responding to other answers.
- Making statements based on opinion; back them up with references or personal experience.
To learn more, see our tips on writing great answers.
Sign up or log in
StackExchange.ready(function ()
StackExchange.helpers.onClickDraftSave('#login-link');
);
Sign up using Google
Sign up using Facebook
Sign up using Email and Password
Post as a guest
Required, but never shown
StackExchange.ready(
function ()
StackExchange.openid.initPostLogin('.new-post-login', 'https%3a%2f%2fhistory.stackexchange.com%2fquestions%2f53452%2fhas-chattel-slavery-ever-been-used-as-a-criminal-punishment-in-the-usa-since-the%23new-answer', 'question_page');
);
Post as a guest
Required, but never shown
Sign up or log in
StackExchange.ready(function ()
StackExchange.helpers.onClickDraftSave('#login-link');
);
Sign up using Google
Sign up using Facebook
Sign up using Email and Password
Post as a guest
Required, but never shown
Sign up or log in
StackExchange.ready(function ()
StackExchange.helpers.onClickDraftSave('#login-link');
);
Sign up using Google
Sign up using Facebook
Sign up using Email and Password
Post as a guest
Required, but never shown
Sign up or log in
StackExchange.ready(function ()
StackExchange.helpers.onClickDraftSave('#login-link');
);
Sign up using Google
Sign up using Facebook
Sign up using Email and Password
Sign up using Google
Sign up using Facebook
Sign up using Email and Password
Post as a guest
Required, but never shown
Required, but never shown
Required, but never shown
Required, but never shown
Required, but never shown
Required, but never shown
Required, but never shown
Required, but never shown
Required, but never shown
16
You say it isn't still so? en.wikipedia.org/wiki/Federal_Prison_Industries
– liftarn
Jul 2 at 6:50
11
And theguardian.com/commentisfree/2018/may/17/…
– liftarn
Jul 2 at 6:52