Slavery by Another Name

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by Douglas A. Blackmon

sheri on November 23, 1891, asking if a black man with the last

  name of El iot had perhaps stabbed a man at the Shelby Iron

  Works some years earlier. "Look into the mat er and see if there is

  any Reward for him, and if so I wil bring him to you and divide

  the Reward. I know where he is and can get him anytime. Hoping

  to hear from you at your earliest convenience."36

  A week later, a telegraph to Grant on November 29, 1891, from

  the constable in Waverly Alabama, warned that he had arrested an

  African American named Frank Hubbard but "wil not hold unless

  there is an ample reward." Scores upon scores of such let ers—some

  penned in re ned script of educated men, more often in the scrawl

  of county brutes, sometimes crisp and terse telegrams—piled in

  heaps in a drawer of the sheri 's wooden desk.37 Scat ered among

  them were reminders from Je erson County's Sheri Rogers, who

  later became general manager of convicts for the Tennessee Coal,

  Iron & Railroad Co., to send along bil s and receipts related to the

  transportation of prisoners from Columbiana to the Prat Mines—by

  then the ultimate destination of nearly every one of the hundreds of

  black men unfortunate enough to encounter Sherif Grant.38

  black men unfortunate enough to encounter Sherif Grant.

  The opportunities for abuse in these dealings were immense and

  obvious. Blacks who fel into the disfavor of white o cials

  anywhere in the South could be swept into the penal system on the

  most super cial pretense. The ability of blacks to resist these

  developments became more and more circumscribed.

  The sudden rise of this new threat was shocking to blacks at a time

  when thousands stil actively participated in southern political life.

  But that too was soon under a new and corrosive at ack. In the

  Alabama election of 1892, the political dynamics of the state were

  cloaked in what appeared to be a clash of ideals between a new

  populist rhetoric aimed at uniting agrarians and laborers against the

  "Bourbon" al iance of plantation owners and industrialists who

  control ed the Democratic Party—a theme echoing across the South.

  The Alabama populists were led by gubernatorial candidate

  Reuben Kolb. It was widely believed that his victory in the previous

  election had been stolen in 1890, when Democrats stuf ed the bal ot

  boxes with thousands of ostensible African American votes in

  overwhelmingly black counties. The result had been the fraudulent

  but irreversible coronation of Governor Thomas Goode Jones, a

  former Confederate who a decade later would play a pivotal role

  on the issue of continuing the South's new slavery.

  In 1892, both Kolb and Jones ran for the governor's o ce again.

  Kolb promised to support crop prices and regulate the abusive

  railroad cartels that imposed high freight fees on farm goods being

  shipped to market. Philosophical y, he had the support of new

  activist black farmer's groups who shared the populist concerns

  over laws and practices that abused poor people, sharecroppers,

  and tenant farmers. In a nod to black voters, Kolb, the former state

  agriculture secretary and a Confederate veteran as wel , also said he

  opposed the practice of leasing convicts.

  Governor Jones vowed to revive the state by encouraging the

  explosive growth of Birmingham and continuing to help wealthy

  cot on plantation owners in the state's predominantly black,

  cot on plantation owners in the state's predominantly black,

  southern counties. Whites were in turmoil over the choice, with

  poorer hil country counties breaking for Kolb and whites in the

  rich atlands once again supporting Jones. To win reelection, Jones

  knew he had to once more pack the voting pol s with thousands of

  black Republicans on his side. Despite their shared economic

  interests with black sharecroppers and tenants, Kolb's poor-farmer

  white fol owers responded to Jones's currying of African American

  voters with the most shril white supremacist rhetoric.

  Jones's conservative Democrat backers, including the state's major

  newspapers, shamelessly turned the tables—accusing Kolb populists

  of supporting black political rights and dubbing him the candidate

  of the "nigger party." Kolb's supporters reacted with even more

  odious anti-black invective. The South was tracing out the lines of

  the violent racial ideology and vernacular that would consume it for

  the next seventy-five years.

  John Milner, the Alabama industrialist who had so aggressively

  pushed for the state to adopt laws helping him l his mines with

  forced black labor, published a pamphlet denouncing even the

  vaguest suggestion of al owing black political rights.

  Titled "WHITE MEN OF ALABAMA, STAND TOGETHER!," the

  pamphlet blared: "It would be bet er … if left in the control of their

  negroes, that Alabama …sink beneath the waves and be forever

  lost."39

  That was the real substance of the campaign. Most of the

  philosophical clash between the two sides was a sham, as the South

  was swept by the latest wave of white animosity toward African

  Americans. Whites realized that the al ies of blacks in the North

  appeared to be abandoning the former slaves. A time had come to

  set le scores and relay the foundations for a society based on the

  harshest racial divisions. Further inflaming the passions of 1892 was

  the Federal Election Bil sponsored by Massachuset s representative

  Henry Cabot Lodge. The act, known to opponents as the "Force

  Bil ," mandated that black voting rights be protected in the South

  through federal supervision of elections. Two years earlier, the

  through federal supervision of elections. Two years earlier, the

  measure was approved by the House of Representatives but failed

  in the Senate. The new version raised the sensational specter of

  reintroducing federal troops in the southern states to force

  compliance.

  In reality, the Force Bil was the last gasp of the dwindling

  numbers of Civil War-era Republican idealists in Washington to

  compel adherence to the mandates of the constitutional

  amendments granting citizenship to African Americans. The

  measure was doomed from introduction. But its consideration left

  southern whites seething at the vision of another Union invasion

  and a return of power to blacks. It spurred the push to eliminate

  African American political activity once and for al . On election day

  in Alabama, there was virtual y no doubt that Kolb outpol ed

  Governor Jones. But once again, thousands upon thousands of

  bal ots purportedly cast by blacks who clearly were no longer being

  al owed to vote turned the balance for Jones. He was declared the

  winner, after o cial returns showed 127,000 votes for Jones to the

  chal enger's 116,000.

  The reelection was fol owed by an astonishing surge of activity

  against African Americans. The opening of the next session of the

  state legislature marked the beginning of the nal push to end al

  black political involvement, to consolidate the segregation codes

  that would
de ne the Jim Crow era, and to begin cut ing African

  Americans out of the most important e orts of government to

  improve public life. Legislators voted to join seven other southern

  states that already mandated segregated seating for blacks and

  whites on trains. Public education, a new but increasingly popular

  government function, was the most critical target of the racial

  at ack.

  Whites had chafed at the notion of black education as long as

  Africans had been imported to the United States. Instruction of

  slaves was il egal in the antebel um South. After emancipation,

  government-col ected property taxes were used to open new

  schools for al children. Whites gawked at the schools opened for

  blacks during Reconstruction—even the crude one-teacher variations

  blacks during Reconstruction—even the crude one-teacher variations

  that predominated in the region. Per pupil spending on education

  for black children and white children was essential y identical,

  leading to wide resentment among whites—especial y in the cot on

  plantation regions where whites owned the vast majority of land

  and paid nearly al the taxes, but were enormously outnumbered by

  African Americans in population. That "white taxes" were spent for

  the education of black children, rather than solely their own, was

  infuriating.

  White leaders began to openly espouse that schools for blacks

  were bad for the emerging new economic order. "Education would

  spoil a good plow hand," opined a state legislator, J. L. M. Curry, in

  a speech to the Alabama General Assembly.40 Most worrisome to

  leading whites was that schooling il iterate blacks would encourage

  "the upper branches of Negro society, the educated, the man who

  after ascertaining his political rights, forced the way to assert

  them."41

  In the 1880s, the Alabama legislature at empted to enact laws

  specifying that school funds would be apportioned on the basis of

  which taxpayers contributed them: whites would fund white

  schools, blacks would fund black schools. Federal courts quickly

  declared that openly discriminatory scheme in violation of the

  Fourteenth Amendment.

  As the popularity of state-funded free public schools surged, the

  friction caused by black education grew. The number of white

  children at ending public schools in Alabama raced from 91,202 to

  159,671 between the 1870s and late 1880s. At the same time, the

  number of black pupils increased from 54,595 to 98,919. But the

  amount of funding spent for every student was declining, and

  at empts to raise taxes were doomed. Whites saw the money spent

  in black schools as the only viable source of additional funds for

  their own children.

  In the legislative session of 1892, white leaders simply changed

  the law so that school taxes were no longer distributed among al

  schools in equal per pupil al otments. Instead, the total number of

  schools in equal per pupil al otments. Instead, the total number of

  students, white and black, would determine how much funding a

  county or town received from the state. But it would be up to local

  o cials to divide the money among schools "as they may deem just

  and equitable." The author of the bil was hailed by another elected

  o cial who said he "deserved a vote of thanks from the white

  people of the state."42 The e ect on blacks was catastrophic.

  Overnight, white schools came to receive the vast majority of al

  funds for education. In one predominantly African American

  county, the total budget for black teachers’ salaries in 1891 was

  $6,545—in approximate parity with what was being spent per

  student at white schools in the county. After turning over control of

  funding to local o cials, black teacher salaries were slashed. Later

  the length of the black school year was cut to just six months—

  reducing costs and eliminating school as an excuse for African

  American children not to work in the elds during planting and

  harvest. Forty years later, the total salaries for teachers instructing

  8,483 black children in the county had risen negligibly to just over

  $8,000. The budget for white teachers, with fewer than two

  thousand pupils, had climbed by a factor of almost 30, to nearly

  $60,000.43

  If any doubt remained about the intentions of southern whites in

  1892, vigilante and mob violence soon dissolved it. More lynchings

  of blacks occurred in the United States in 1892 than in any other

  year—in excess of 250. Executions peaked in Alabama the

  fol owing year, with the deaths of twenty-seven blacks.

  At the same time, the region's biggest industrial concerns

  continued to expand explosively. In December 1892, Tennessee

  Coal, Iron & Railroad bought outright the Cahaba Coal Mining

  Company and its 44,000 acres of coal-rich property—some of it

  extending to within a few miles of the old Cot ingham plantation in

  Bibb County. In addition to the coal elds, the company acquired a

  fteen-mile railroad, nearly ve hundred coke ovens, much of the

  town of Blocton, and seven mines producing up to three thousand

  tons of coal a day44 The number of men forced into Alabama slave

  tons of coal a day The number of men forced into Alabama slave

  mines surged with the growth, swel ing by half to 1,200 in 1892

  from 845 just three years earlier.

  As labor strife surged in the early 1890s, company o cials

  privately worked on plans to shift even more of the company's

  operations to captive forced laborers. One Tennessee Coal, Iron &

  Railroad o cial visiting Montgomery wrote to the superintendent

  of the Prat Mines: "[T]he probability is we wil have to arrange to

  take care of a great many more convicts."45

  On the fourteenth day of February 1893, a new era opened for

  the black men of Shelby County—where Green Cot enham would

  be arrested fteen years later. Four men were loaded onto the

  Birmingham train, headed to the new buyer of Shelby's prisoners.

  Ben Alston, Charles Garnes, and Issac Mosely had each been

  convicted of assault six weeks earlier. Henry Nelson was arrested

  the previous day for using "abusive language in the presence of a

  female"—a phony charge available for arresting "impudent" black

  men. Scratched into the record of prisoners was the same entry for

  al four men, a destination so new that the jailer hadn't yet learned

  to spel it: "sent to prats mines."46

  Voices of opposition to what was happening in the South were

  dying. Some reform-minded activists protested the physical abuses

  of prison labor, but the explicitly racial aspect of the new forced

  labor system was often largely unacknowledged. White southerners

  responded with gal ing mendacity to the occasional criticism

  expressed by northern newspapers. Many whites were thril ed by

  the patina of legitimacy presented by Charles Darwin's new

  concepts of human evolution, which were being twisted to o er a

  genetic, seemingly objective rationale for black inferiority. The

  dark-skinned race was capable of learning less, so blacks need
ed

  fewer and smal er schools, according to this logic. Blacks could

  work ef ectively only under threat of a whip.

  In a speech to the National Prison Congress in Cincinnati, Ohio,

  in October 1890, Alabama's new inspector of convicts, W. D. Lee,

  in October 1890, Alabama's new inspector of convicts, W. D. Lee,

  cool y defended the appal ing conditions at the mines in Coalburg

  and Prat City. Virtual y al criticism of Alabama's and the South's

  forced labor system were "exaggerations" and "falsehoods," he said.

  The prisons were clean, the prisoners wel fed and humanely

  treated. The hounds used to track escapees were "nothing more than

  the fox or deer hounds that have been used in the South for the

  chase from time immemorial, trained to run the human track."

  Never once had a dog injured a convict, Lee maintained.

  Prisoners in Alabama received generous amounts of corn bread,

  bacon, fresh meat, bread, co ee, and tobacco. "Hundreds of convicts

  have been sent to the penitentiary with diseases of which they

  would have died at home for want of medical at ention, who have

  been cured and sent home, at the end of their terms, sound men,"

  Lee continued.

  He said he was morti ed by al egations that the prisoners were

  underfed and overworked. "In some form or other I have had the

  management and control of negroes ever since I came to the years

  of discretion," Lee said. "In the days of slavery, I fed, clothed and

  worked them, and since they became free, I have employed and

  managed them on the plantation. I see what, as free men, they have

  to eat and wear, and the houses they live in. And I assert here,

  without fear of successful contradiction, that the negro convicts …

  are bet er housed, bet er fed, bet er clothed, and receive bet er

  medical care and treatment in sickness than do the majority of the

  same class, as free men, in their homes."47

  The truth was that African Americans were trapped in a catch-22

  between the laws criminalizing the mores of black life and other

  laws that e ectively barred them from assimilating into mainstream

  white American society or improving their economic position.

  Even ostensible friends of African Americans succumbed to the

  increasingly mandatory dismissal of black intel ectual faculties. "The

  population of our prisons is mostly a population of negroes. These

  people are proverbial y weak, improvident, credulous—the victims

 

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