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No Slavery. No Exceptions.
The 13th amendment of the U.S Constitution, ratified on December 6th, 1865, abolished slavery— in part. The language contained a loophole allowing the enslavement of those convicted of a crime. This exception facilitated a transfer of ownership from private (people) to state (prisons) ownership.
What is Slavery?
In order to work to eradicate slavery, we must boldy name it so that its' characteristics, past to present may clearly be defined. According to the Bellagio-Harvard Legal Parameters of Slavery, the legal definition of slavery is found at Article 1(1) of the 1926 Slavery Convention, and reads: “Slavery is the status or condition of a person over whom any or all of the powers attaching to the right of ownership are exercised.”
TEXAS HAS A HISTORY OF MAKING EXCEPTIONS FOR SLAVERY
Prior to the loophole in the 13th amendment, Texas was given special consideration by Mexico to keep slaves. Vicente Guerrero abolished slavery in Mexico in 1829, but it did not apply to Texas settlers, because Anglos felt that slaves were necessary for the upkeep of the cotton harvest. Mexico's position on slavery threatened the future of the Texas economy, thus slavery, though not the primary reason for the Texas Revolution, was clearly a catalyst.
Slavery Post Civil War
FREEDOM WASN'T FREE
BLACK CODES--In 1865, post Civil War, a series of laws called Black Codes were passed in Southern states that required all black people to sign an annual contract to work for White employers. In Texas, and across the South, Black Codes reaffirmed white supremacy and regulated the labor of black people. If they refused to sign the contract or did not fulfill it’s requirements, they would be fined or imprisoned. The effort of Black Codes were halted by the passage of the Fourteenth Amendment. It required states to respect basic fundamental rights, of Black people, including those to life and personal security. This led to the creation of more laws in local courts, such as vagrancy laws to leverage the economic power of the Black labor pool.
VAGRANCY LAWS--Like Black Codes, Vagrancy Laws criminalized unemployment, allowing harsh punishment for petty offenses and minor crimes. Under these law, courts could arrest people whom they defined as “idle”—appearing homeless or without proof of empoyment— fine them, and contract their labor if they could not pay the fine. In addition, courts had the power to put those people to work doing any type of labor power to settle their debt.
CONVICT LEASING--Convict leasing was a system in which states leased incarcerated individuals-and sometime the prisons themselves-to private individuals to fulfill labor contracts. In 1867, Texas got its' for leases to help build rairoads, but those confined could be tasked to do any type of labor at the discretion of the lessee. A publication by the San Antonio Express, which highlighted corruption and mismanagement of the prisons, including overcrowding, deplorable living conditions, and neglect of workers led to public outcry for change. As a result, all leases were terminated in 1912.
Ending Slavery in Texas and across the U.S.
During the regular 87th legislative session in Texas, HJR 51, the Abolition Bill, was authored by Representative Alma Allen and co-authored by Representative Ron Reynolds and a companion bill, SJR 66, filed in the Senate by Senator Borris Miles. The bill proposed to amend the state constition to prohibit slavery even as punishment for a crime. While HJR 51 did not successfully pass through the legislature, there have been many publications across the state highlighting the issue of penal slavery serving to educate Texas citizens about the practice of modern day slavery in the prison system.
Be Frank 4 Justice is gearing up to strengthen our coalition of individuals and organizations committed to ending slavery for all. If you or your organization would like to support this movement, please leave a comment.
END THE EXCEPTION
The End the Exception campaign, to repeal the 13th amendment of the U.S. consitution and remove the exception clause was launched by the Abolish Slavery National Network in June of 2021. The Abolition Amendment — introduced by Senator Jeff Merkley (OR) and Representative Nikema Williams (GA-05) — to end the exception!
Abolition today
Weekly discussion of slavery abolition, from education to activism. Tune in on Sundays for updates