Slavery by Another Name

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Slavery by Another Name Page 9

by Douglas A. Blackmon


  and Mary's wedding, the state of Georgia signed a lease under

  which the Georgia and Alabama Railroad acquired one hundred

  convicts, al of them black, for $2,500. Later that year, the state sold

  134 prisoners to the Selma, Rome and Dalton Railroad and sent 109

  others to the line being constructed between the towns of Macon

  and Brunswick, Georgia.

  Arkansas began contracting out its state convicts in 1867, sel ing

  the rights to prisoners convicted of both state crimes and federal

  of enses.47Mississippi turned over its 241 prisoners to the state's

  largest cot on planter, Edmund Richardson, in 1868. Three years

  later, the convicts were transferred to Nathan Bedford Forrest, the

  former Confederate general, who in civilian life already was a

  major planter and railroad developer. In 1866, he and ve other

  former rebel o cers had founded the Ku Klux Klan. Florida leased

  out half of the one hundred prisoners in its Chat a-hoochee

  penitentiary in 1869.

  North Carolina began "farming out" its convicts in 1872. After

  white South Carolinians led by Democrat Wade Hampton violently

  ousted the last black government of the state in 1877, the

  legislature promptly passed a law al owing for the sale of the state's

  four hundred black and thirty white prisoners.

  Six years earlier, in 1871, Tennessee leased its nearly eight

  hundred prisoners, nearly al of them black, to Thomas O’Conner, a

  founding partner along with Arthur Colyar of Tennessee Coal, Iron

  & Railroad Co.48 In the four decades after the war, as Colyar built

  his company into an industrial behemoth, its center of operations

  gradual y shifted to Alabama, where it was increasingly apparent

  that truly vast reserves of coal and iron ore lay beneath the surface.

  Colyar, like Milner, was one of those prominent southern

  businessmen who bridged the era of slavery and the distinct new

  economic opportunities of the region at the end of the nineteenth

  century. They were true slavers, raised in the old traditions of

  bondage, but also men who believed that African Americans under

  bondage, but also men who believed that African Americans under

  the lash were the key to building an industrial sector in the South to

  fend of the growing influence of northern capitalists.

  Already, whites realized that the combination of trumped-up

  legal charges and forced labor as punishment created both a

  desirable business proposition and an incredibly e ective tool for

  intimidating rank-and- le emancipated African Americans and

  doing away with their most ef ective leaders.

  The newly instal ed white government of Hale County—deep in

  the majority-black cot on growing sections of Alabama—began

  leasing prisoners to private parties in August 1875. A local grand

  jury said the new practice was "contributing much to the revenues

  of the county, instead of being an expense." The money derived

  from sel ing convicts was placed in the Fine and Forfeiture Fund,

  which was used to pay fees to judges, sheri s, other low o cials,

  and witnesses who helped convict defendants.

  The prior year, during a violent campaign by Ku Klux Klansmen

  and other white reactionaries to break up black Republican

  political meetings across Alabama, a white raiding party confronted

  a meeting of African Americans in Hale County. Shots were red in

  the dark and two men died—one white and one black. No charges

  were brought in the kil ing of the African American, but despite any

  evidence they caused the shooting, leading black Republicans R. H.

  Skinner and Woodvil e Hardy were charged and convicted of

  murder. They were sent to the Eureka mines south of Birmingham

  in the spring of 1876.49

  By the end of 1877, fty convict laborers were at work in

  Milner's Newcastle Coal Company mine outside Birmingham. An

  additional fty-eight men had been forced into the Eureka mines he

  founded near Helena. A total of 557 prisoners had been turned over

  that year to private corporations by the state of Alabama. 50

  By the end of Reconstruction in 1877, every formerly Confederate

  state except Virginia had adopted the practice of leasing black

  prisoners into commercial hands. There were variations among the

  states, but al shared the same basic formula. Nearly al the penal

  states, but al shared the same basic formula. Nearly al the penal

  functions of government were turned over to the companies

  purchasing convicts. In return for what they paid each state, the

  companies received absolute control of the prisoners. They were

  ostensibly required to provide their own prisons, clothing, and

  food, and bore responsibility for keeping the convicts incarcerated.

  Company guards were empowered to chain prisoners, shoot those

  at empting to ee, torture any who wouldn't submit, and whip the

  disobedient—naked or clothed—almost without limit. Over eight

  decades, almost never were there penalties to any acquirer of these

  slaves for their mistreatment or deaths.

  On paper, the regulations governing convict conditions required

  that prisoners receive adequate food, be provided with clean living

  quarters, and be protected from "cruel" or "excessive punishment."

  Al oggings were to be recorded in logbooks, and indeed hundreds

  were. But the only regularly enforced laws on the new slave

  enterprises were those designed primarily to ensure that no black

  worker received freedom or experienced anything other than

  racial y segregated conditions. In Alabama, companies were fined

  $150 a head if they al owed a prisoner to escape. For a time, state

  law mandated that if a convict got free while being transported to

  the mines, the sheri or deputy responsible had to serve out the

  prisoner's sentence. Companies often faced their strongest criticism

  for al owing black and white prisoners to share the same cel s.

  "White convicts and colored convicts shal not be chained together,"

  read Alabama law.51

  In almost every respect—the acquisition of workers, the lease

  arrangements, the responsibilities of the leaseholder to detain and

  care for them, the incentives for good behavior—convict leasing

  adopted practices almost identical to those emerging in slavery in

  the 1850s.

  By the late 1870s, the de ning characteristics of the new

  involuntary servitude were clearly apparent. It would be obsessed

  with ensuring disparate treatment of blacks, who at al times in the

  ensuing fty years would constitute the vast majority of those sold

  into labor. They were routinely starved and brutalized by

  into labor. They were routinely starved and brutalized by

  corporations, farmers, government o cials, and smal -town

  businessmen intent on achieving the most lucrative balance

  between the productivity of captive labor and the cost of sustaining

  them. The consequences for African Americans were grim. In the

  rst two years that Alabama leased its prisoners, nearly 20 percent

  of them died.52 In the fol owing year, mortality rose to 35 percent.

  In the fourth, nearly
45 percent were kil ed.53

  I I

  SLAVERY’S INCREASE

  "Day after day we looked Death in the face & was afraid to speak."

  Henry and Mary did not wait long to begin their increase.

  Cooney, a lit le girl, came to them before the end of another

  harvest season had passed.1 The arrival of an infant, even more

  so a rst child, to a pair of former slaves in the rst years after

  emancipation must have been an event of sublime joy. A young

  black family of the early 1870s already knew that the presumptions

  of ful freedom that had accompanied the end of slavery were being

  gravely chal enged in the South. But surrounding and overwhelming

  the anxieties triggered by those obstructions—violence by the Ku

  Klux Klan and other paramilitary groups and the machinations of

  white political leaders—was the astonishing range of possibilities

  now at least theoretical y available to a newly born child.

  While Cooney was stil a babe, the northern states by

  overwhelming majorities rati ed the Fourteenth and Fifteenth

  amendments to the Constitution, abolishing with absolute clarity

  the institution of slavery as it had existed for the previous 250 years

  and granting ful citizenship and voting rights to al black

  Americans. A black toddler in central Alabama would learn his rst

  words at a time when black men were gathering regularly with

  others to elect those who would govern their counties and states.

  Cooney was seven years old when the U.S. Congress passed its

  rst Civil Rights Act, further guaranteeing the right of African

  Americans to vote on the same terms as whites and to live as ful

  citizens in the eyes of the law. The new state legislatures of the

  South, now including substantial numbers of black Republicans,

  passed laws mandating for the rst time in the southern states that

  children, whether black or white, be a orded some semblance of

  basic education. By 1871, more than 55,000 black children were

  at ending public school in Alabama.

  at ending public school in Alabama.

  Henry and Mary knew there would be trouble, yes, plenty of it.

  But the young man and woman, il iterate, provincial, and unskil ed,

  had every reason to expect nonetheless that in the expiring of ten or

  twenty years, their daughter and the boisterous brood of boys and

  girls who would fol ow her would live lives in a world so

  transformed from their own as to be ut erly unrecognizable.

  By the time Cooney turned two, as Thanksgiving approached in

  1870, the most de ning feature of the old Cot ingham world,

  Elisha, the white man who had sculpted the landscape onto which

  Cooney was born and then seen it disintegrate, was dead.

  Elisha was laid to rest at the top of the red-clay hil , surrounded

  by what was left of the stand of beech and oak that had greeted his

  arrival in the wilderness. As his life had been on the landscape

  stretched out around him, Elisha's plot was squarely in the center of

  the graveyard, with his wife, siblings, and kin fanning out to each

  side. One body length away, just within arm's reach, lay in death a

  long row of the slaves he had governed for most of a century in

  life.2

  Old Scip, once Elisha's most reliable slave, was not easing gently

  toward his natural end. Freedom had taken tangible form for the

  former slaves of the Cot ingham farm. Old Elisha's former slaves

  separated into three groups. The rst, beginning with young Albert

  Cot ingham, abandoned Bibb County and the place of their

  enslavement as quickly as it had become clearly established that

  they were in fact free to go wherever they wished.

  Three other black families—each of them led by one from the

  generation of middle-aged slaves who had spent the longest spans

  of their lives as Cot ingham slaves—chose to remain close by the

  old master, likely stil residing in the slave quarters a short distance

  from Elisha's big house and later in simple tenant cabins erected to

  replace them. The elder Green Cot inham , a partly white slave

  now forty years old, along with his wife, Eme-line, and their baby

  boy, Caesar, remained on the farm. Likely Green's mulat o line

  boy, Caesar, remained on the farm. Likely Green's mulat o line

  connected him directly to the white Cot inghams, but no record

  survives to indicate whether that was so. Another slave father to

  remain on the place was Je Cot ingham, forty-eight, who

  continued to spel his name as his former master did, and who was

  raising in his home an eight-year-old boy named Jonathon, who

  was also partly white.3 Also staying behind was Milt, another of the

  older crew of slaves.

  On the other side of the big house, away from the slave cabins,

  lived the youngest of Elisha's sons to reach adulthood, Harvey, also

  forty years old, with his wife, Zelphia, and seven children. Slightly

  farther down the wagon road, J. W. Starr's widow, Hannah,

  remained in the preacher's house, though her son Lucius had

  become the master of the household. Next door to them, a Starr

  daughter and her family farmed on another portion of the dead

  reverend's land.

  A few miles away, beyond Cot ingham Loop, at the edge of the

  Six Mile set lement around which the lives of al the Cot inghams

  had come to orbit, Scip and the third group of former slaves set led

  themselves in a life overshadowed by their former enslavement but

  clearly distinct from the control ed lives they had formerly led.

  At the center of those former slaves remained Scipio, stil

  defiantly insistent that his birth as an African and the African origins

  of his mother and father be ful y recorded whenever the census

  taker or another government o cial inquired as to his provenance.

  He took the name Cot inham.

  Six Mile had the vague makings of a real town, with a smal

  school and a weekly newspaper that boasted of a cluster of homes,

  two stores, and a sawmil . On one boundary of the set lement lived

  George Cot inham, now forty- ve, and next door lived Henry,

  twenty-two years old, and Mary, with the lit le girl Cooney George

  and Henry, as father and son, farmed rented property, probably

  owned by the white Fancher family nearby.

  Two houses away, Scip was ensconced with Charity, his junior by

  thirty-eight years, and the ve children they had under the age of

  thirty-eight years, and the ve children they had under the age of

  fourteen. The e ort by General Gorgas to rebuild the Brier eld

  furnaces had col apsed, and the weary Confederate industrialist

  turned over the operation to another ex-rebel o cer turned

  entrepreneur.

  Scipio worked under his supervision at the Bibb furnace where

  he had spent so much of the wartime years, stil laboring at the task

  Elisha had sent him to learn in the e ort to save the Confederacy.

  He traveled daily to the furnaces, several miles away, usual y in the

  company of four much younger black men who boarded in a smal

  house near the dry goods store in Six Mile. Sometimes, Scip would

  spend the night near the furnace in rented lodgin
gs with two of the

  men, Toney Bates, twenty-two, and Alex Smith, nineteen.4

  The free lives of Scip, George, and Henry were hardly easy. But

  for the rst time they were truly autonomous of Elisha Cot ingham

  and his kin. How long such black men in the post-emancipation

  South could remain so would become the de ning characteristic of

  their lives.

  As slaves, men such as Scipio and Henry were taught that their

  master was a palpable extension of the power of God—their

  designated lord in a supremely ordained hierarchy. In the era of

  emancipation, that role—now stripped of its religiosity and pared

  to its most elemental dimensions of power and force—was handed

  to the sherif .

  This was a new capacity for local law enforcement o cers, and

  the smal circles of elected o cials who also played a part in the

  South's criminal and civil justice systems. Prior to the Civil War, al

  of government in the region, at every level, was unimaginably

  sparse by modern standards. In Alabama, an elected board of

  county commissioners oversaw local tax col ections and

  disbursements, primarily for repairs to bridges, maintenance of the

  courthouse, and operation of a simple jail. The sheri , also chosen

  by the people, usual y spent far more time serving civil warrants

  and foreclosing property for unpaid debts than in the enforcement

  and foreclosing property for unpaid debts than in the enforcement

  of criminal statutes. The arbiter of most minor legal disputes and

  al eged crimes would be a justice of the peace, normal y a local

  man appointed by the governor to represent law and government

  in each "beat" in the state. In an era of exceedingly di cult

  transportation, beats were tiny areas of jurisdiction, often limited to

  one smal quadrant of a county. One rural Alabama county elected

  thirty justices of the peace in 1877.5 But within those boundaries,

  the justice of the peace—more often than not the proprietor of a

  country store or a large farm—held tremendous authority, including

  the power to convict defendants of crimes that carried potential

  sentences of years of confinement.

  In most southern states, county sheri s and their deputies

  received no regular salaries. Instead, the law enforcement o cers,

  justices of the peace, certain court o cials, and any witnesses who

  testi ed against a defendant were compensated primarily from

 

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