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.
Many historians and history textbooks will say that the 13th Amendment was passed to abolish slavery. While this sentiment is true, there is more behind the reasoning than traditionally taught. Many in Congress believed that slavery was detrimental to white laborers in the South because slaves were seen as a long term investment, and white laborers were unable to make advancements because slavery was less expensive in the long run. Therefore, by abolishing slavery, they would even out the playing field, and whites would have more opportunities. For southern elites, the abolition of slavery meant the loss of a major working force, and because racism had not ended with the end of the Civil War, southern states looked to create a system that would enable them to maintain a steady work force as they began rebuilding and industrializing their states. The states turned to convict leasing, an idea that was not unique to the period after the Civil War but grew exponentially in the Reconstruction Era.
