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this program possible.
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Support your local PBS station.
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[orchestra plays softly]
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(woman) Mr. President,
I have a brother
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about 14 years old.
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A man hired him from me
and I heard of him no more.
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He went and sold him
to McGrehan
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they've been workin' him
in prison for 12 months.
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I asked him to let me have him,
but he won't let him go.
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(male narrator)
For a period of nearly 80 years,
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between the Civil War
and World War II,
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black Southerners
were no longer slaves,
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but they were not yet free.
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In one of the most shameful
and little-known chapters
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of American history, generations
of black Southerners
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were forced to labor
against their will.
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(woman)
From almost the first moment,
white Southerners
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were responding to try
to put African Americans
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back into a position as close to
slavery as they possibly could.
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(man)
The Old South, and what was
quickly becoming the New South,
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could not proceed without the
work of African Americans.
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But if you had something
for free in the past,
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you don't necessarily
want to pay for it now.
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It was a straight, simple,
exploitative system.
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There was only power,
there was only force,
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and there was only brutality.
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What happened
in that period of time,
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was so much more terrible
than anything most Americans
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recognize or understand today.
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The depth of poverty, the
inability of African Americans
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to access
any of the mechanisms of
wealth achievement and growth.
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They're all rooted in this
terroristic kind of regime
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that existed in so many places.
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Their ability to have what
we call the American Dream,
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that is what has been stolen
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from black folks
all through the South.
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And that legacy has to be
understood so that people
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will be able to speak to it
and give our ancestors voice.
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My name is Sharon Malone
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and my family is originally
from Wilcox County, Alabama
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My father was born in 1893.
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As a child, I never knew why Dad
didn't share many of the stories
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growing up in the rural South.
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There was so little
that I actually knew
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about the generations beyond my
parents, and I realized, I said,
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"Why don't I know these stories,
and why don't I know
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"who those people are?"
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African Americans
are innately wired
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to want to know who we are.
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It's almost like being
an adopted child.
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We have no understanding of
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not only what we have endured,
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but what we have survived.
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(woman) ♪ Oh freedom ♪
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♪ Oh freedom ♪
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(narrator)
Freedom must have felt glorious
to those who'd never known it.
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With the end of the Civil War
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and the passage
of the Thirteenth Amendment,
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four million former slaves
could embark on new lives
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with no one in charge
but themselves.
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(woman) ♪ And go home
to my Lord ♪
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♪ And be free ♪
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(woman)
And what they desired more
than anything was independence.
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They wanted independence
from white owners,
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they wanted their own churches,
they wanted their own schools,
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they wanted freedom to move.
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(men and women)
♪ Oh freedom ♪
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(man) African Americans
after emancipation,
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are looking at the potential,
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not only to enjoy
and receive freedom,
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but to live it.
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They're deeply committed
to reaffirming marriage vows,
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they're deeply committed
to reconstituting families.
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♪ To my Lord ♪
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♪ And be free ♪
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(narrator)
Ezekiel Archey,
born into slavery,
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was six when freedom came.
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His mother moved the family,
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Zeke, his two brothers
and a sister
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from Georgia to Alabama,
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away from the old plantation
and toward a new future.
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(man)
African Americans were willing
to work very hard
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and exploit themselves in
the same way that immigrants
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who have come to this country
have exploited themselves
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and their families
with long workdays.
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They were willing to do that,
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but they wanted to own
their own land,
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they wanted to control those
hours,
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they wanted to be the ones
to decide.
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(narrator)
John Davis was born
a dozen years after the war.
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He grew up in freedom,
working hard
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on an Alabama farm
rented by his parents.
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(man)
There was a tremendous
motivation and desire
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to integrate
into American life.
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(narrator)
Green Cottenham, born in 1885,
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was also the son
of an Alabama farmer.
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He came of age
in a nation that was
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increasingly urban,
industrial and modern.
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(woman)
This is a photo
of George Cottenham,
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he's my great grandfather.
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He was actually
Green Cottenham's first cousin.
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How hopeful my Cottenham
ancestors must have been
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about bright futures
for their family.
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These were hardworking,
honest people.
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(narrator)
But freedom had come
at a tremendous cost.
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The war devastated the Southern
economy, which had supported
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one of the wealthiest
aristocracies in the world.
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(Douglas A. Blackmon)
The cotton economy was
in complete shambles.
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The fields had been burned
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and the cotton gins
had been destroyed.
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Equipment that was necessary
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for the production of cotton
didn't exist anymore.
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But also, the primary engine
of the cotton economy,
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that being the labor of slaves,
was lost.
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(James Grossman)
In the five major cotton states
of the deep South,
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nearly half of all capital,
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nearly half of all investment
was in human beings.
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So when those human beings
were confiscated,
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when the investment was
transferred in essence
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from slaveholders to
the people themselves that meant
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a huge loss of capital
to Southern slaveholders,
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to the people who controlled
the economy of the South.
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(narrator)
A tiny, slaveholding elite
had owned the majority
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of the region's
four million slaves.
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Among them was Lucinda Comer,
a widow.
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After the war,
she and her sons
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oversaw the family's enterprises
in cotton, lumber, and corn.
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The great-great-
granddaughter
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of B.B. Comer,
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who was the governor of Alabama,
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and the great-great niece
of J. W. Comer.
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The things that I heard about
the Comer men, especially
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B.B. Comer, were about
their entrepreneurial spirit
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and being self-made men, there
was never a fool or a coward
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it was said in the Comer family.
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(narrator)
Emancipation turned the former
slaveholding world upside down
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(Khalil Muhammad)
The simple reality of people
that they had once owned,
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now were entitled to the same
fruits of their labor,
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the same ability to look
a white person in the eye,
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00:08:59,208 --> 00:09:02,000
a man or a woman, and to demand
equal respect,
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00:09:02,083 --> 00:09:07,250
to be called by one's first
and last names, challenged
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00:09:07,375 --> 00:09:11,875
everything to the bitter core
of white people's souls.
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(James Grossman)
You have a group of people
who are accustomed
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to have people serve them.
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Now, suddenly, these people
are free, they own guns--
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you'd be as worried as hell,
because what you're worried
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is that people are going
to take revenge.
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You also are worried that people
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aren't going to do
any work anymore.
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(narrator)
Most of the South's
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8 million whites
had not owned slaves.
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Poverty was widespread,
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and about a third of whites
were illiterate.
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(man)
Those individuals
see blacks moving around,
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trying to get land,
trying to improve themselves,
as competitors.
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They see a zero sum gain, in
which they're going to lose
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the more that blacks gain.
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(narrator)
These whites aligned
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with leaders
of the former Confederacy,
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aided by President Andrew
Johnson, Lincoln's successor.
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They formed vigilante groups
to attack and intimidate blacks.
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The violence grew widespread.
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In the spring of 1866,
Congress intervened.
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Over the objections
of the president,
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it launched an era known
as Radical Reconstruction.
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(Risa Goluboff) At the beginning
of Reconstruction,
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there was
a tremendous federal will
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00:10:38,125 --> 00:10:41,000
to both bring the South
into submission,
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00:10:41,125 --> 00:10:44,500
but also to protect the African
American Civil Rights.
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(narrator)
Passed in 1866,
the Fourteenth Amendment
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recognized the citizenship
of all freed people.
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In 1870, the Fifteenth Amendment
was passed,
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which upheld the right
of black men to vote.
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(Adam Green)
Reconstruction was an attempt
to create a country
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in which it would be possible
to have
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00:11:08,750 --> 00:11:10,750
a biracial
and equal citizenship.
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(Khalil Muhammad)
Reconstruction gave African
Americans, for the first time,
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across the South, the
opportunity to serve on juries,
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to be witnesses in trial,
to serve as judges.
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00:11:20,625 --> 00:11:23,000
It also made possible
an entire generation
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00:11:23,125 --> 00:11:25,375
of black politicians
across the South,
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almost as many as 1500 serving
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00:11:28,000 --> 00:11:30,750
through the end
of the 19th century.
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00:11:30,875 --> 00:11:34,375
(narrator)
Reconstruction governments
in many parts of the South
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succeeded in passing
new social legislation
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00:11:38,333 --> 00:11:42,834
creating the South's
first free public schools.
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(man) Hey-ya!
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(narrator)
But white resistance to biracial
government in the South
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00:11:54,709 --> 00:11:58,583
intensified, and national
political support began to wane.
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00:11:58,625 --> 00:12:04,625
By 1874, voters had shifted the
balance of power in Congress,
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00:12:04,709 --> 00:12:09,083
allowing for the South's return
to local control.
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00:12:09,125 --> 00:12:12,125
(Mary Ellen Curtin)
There is no sustained
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00:12:12,250 --> 00:12:15,750
federal presence
in the South really after 1874.
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00:12:15,834 --> 00:12:18,250
What they come away with
is that a sense
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00:12:18,333 --> 00:12:20,083
that this is
a really violent situation
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00:12:20,125 --> 00:12:22,875
and that there's not much
we can do about it.
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00:12:22,959 --> 00:12:26,834
And there's not much perhaps we
even should do about it.
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00:12:26,875 --> 00:12:29,000
(Adam Green)
African Americans
seeking freedom, could
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00:12:29,125 --> 00:12:32,333
count on less and less help
from the federal government,
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00:12:32,375 --> 00:12:34,625
less and less help from
sympathetic Northerners,
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00:12:34,750 --> 00:12:38,959
and they could count on more
and more and more
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00:12:39,000 --> 00:12:41,500
animosity and attack from
Southern whites.
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00:12:41,583 --> 00:12:44,000
[horse whinnies]
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00:12:44,083 --> 00:12:46,750
(man) Hee-ya!
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00:12:50,250 --> 00:12:54,333
(Douglas A. Blackmon)
I grew up in a black part
of Mississippi,
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00:12:54,375 --> 00:12:58,000
and I went to schools that
were 60%, 75% black
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00:12:58,125 --> 00:12:59,625
all through my childhood.
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00:12:59,750 --> 00:13:01,458
That was in the 1970's.
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00:13:01,500 --> 00:13:03,875
What I learned about
the Emancipation Proclamation
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00:13:03,959 --> 00:13:06,709
was the most simplistic
version of it,
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00:13:06,750 --> 00:13:09,208
that it brought
an end to slavery.
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00:13:09,250 --> 00:13:13,000
I also was taught, as most
Americans were in some way,
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00:13:13,083 --> 00:13:15,000
that the end of slavery
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00:13:15,083 --> 00:13:17,083
unleashed this population
of people
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00:13:17,125 --> 00:13:19,208
who were ill equipped
for freedom,
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00:13:19,250 --> 00:13:22,375
and that was all offered up
in some respect
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00:13:22,458 --> 00:13:24,750
as an explanation
for the repressive things
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00:13:24,834 --> 00:13:27,208
that would have been done
to African Americans,
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00:13:27,250 --> 00:13:29,709
even the repressive things
that I knew about.
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00:13:29,750 --> 00:13:31,834
What I came to realize, was
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00:13:31,875 --> 00:13:33,625
that that fundamentally
didn't happen.
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00:13:40,625 --> 00:13:43,709
(narrator) With the end of
Reconstruction,
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00:13:43,750 --> 00:13:46,333
the nature of both crime
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00:13:46,375 --> 00:13:49,959
and punishment in the South
changed dramatically.
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00:13:50,000 --> 00:13:54,750
In state after state,
and county after county,
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00:13:54,834 --> 00:13:57,709
new laws targeted
African Americans
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00:13:57,750 --> 00:14:01,709
and effectively criminalized
black life.
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00:14:01,750 --> 00:14:07,250
(Douglas A. Blackmon)
It was a crime in the South
for a farm worker
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00:14:07,333 --> 00:14:09,750
to walk beside a railroad.
230
00:14:09,875 --> 00:14:13,250
It was a crime in the South
to speak loudly
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00:14:13,333 --> 00:14:15,375
in the company of white women.
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00:14:15,458 --> 00:14:17,750
It was a crime to sell
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00:14:17,875 --> 00:14:20,125
the products of your farm
after dark.
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00:14:20,208 --> 00:14:22,375
Anything from spitting
or drinking
235
00:14:22,500 --> 00:14:25,125
or being found to be
236
00:14:25,250 --> 00:14:28,709
drunk in public or loitering
in public spaces
237
00:14:28,750 --> 00:14:30,458
could result in confinement.
238
00:14:30,500 --> 00:14:34,375
So there was
an over exaggeration
239
00:14:34,500 --> 00:14:37,000
of African American criminality
240
00:14:37,083 --> 00:14:39,583
during this time period.
241
00:14:39,625 --> 00:14:42,500
It's not
to absolve all prisoners
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00:14:42,583 --> 00:14:44,375
from having committed crimes,
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00:14:44,500 --> 00:14:47,750
but there were many
trumped-up charges.
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00:14:47,834 --> 00:14:52,959
One of the most infamous set of
laws to come out of this period
245
00:14:53,000 --> 00:14:56,333
were the Pig Laws, passed in
Mississippi, Georgia, Florida,
246
00:14:56,375 --> 00:14:59,333
Alabama, enhancing penalties
for what had been previously
247
00:14:59,375 --> 00:15:04,250
misdemeanor offenses,
to now felony offenses.
248
00:15:04,333 --> 00:15:09,834
(narrator)
In Mississippi, theft of a pig
worth as little as a dollar
249
00:15:09,875 --> 00:15:12,750
could mean five years in prison.
250
00:15:12,875 --> 00:15:16,458
In Tennessee,
hard labor might result
251
00:15:16,500 --> 00:15:20,125
from stealing
an eight-cent fence rail.
252
00:15:20,208 --> 00:15:25,208
But the most powerful, the most
damaging of all of these laws
253
00:15:25,250 --> 00:15:26,834
were the vagrancy statutes.
254
00:15:26,875 --> 00:15:30,125
In every Southern state,
you became a criminal if
255
00:15:30,250 --> 00:15:34,375
you could not prove at any given
moment that you were employed.
256
00:15:37,583 --> 00:15:42,250
(narrator)
Under slavery, most black crime
was punished by slaveholders,
257
00:15:42,375 --> 00:15:45,000
leaving the courts
to discipline whites.
258
00:15:45,125 --> 00:15:49,208
Now, only about ten percent
of those arrested were white.
259
00:15:49,250 --> 00:15:51,500
(Mary Ellen Curtin)
Now, what does this mean?
260
00:15:51,583 --> 00:15:53,125
Does this mean
that white people
261
00:15:53,208 --> 00:15:55,125
are not committing crimes
in the South?
262
00:15:55,250 --> 00:15:57,333
We know that's not true.
263
00:15:57,375 --> 00:16:00,375
(narrator)
Southern states had a history
264
00:16:00,458 --> 00:16:02,583
of placing prisoners
with industries
265
00:16:02,625 --> 00:16:06,834
that would bear the cost of
guarding and housing them,
266
00:16:06,875 --> 00:16:08,625
in exchange for their labor.
267
00:16:08,750 --> 00:16:11,333
Now states also began
to charge fees,
268
00:16:11,375 --> 00:16:14,709
renting prisoners
to companies by the month.
269
00:16:14,750 --> 00:16:17,000
The highest rates were
270
00:16:17,125 --> 00:16:20,375
for the strongest workers
and longest sentences.
271
00:16:20,458 --> 00:16:23,750
(Adam Green) When you
go to the 13th Amendment,
272
00:16:23,834 --> 00:16:27,500
one of the fascinating things
about the text of that amendment
273
00:16:27,625 --> 00:16:30,250
is that it says that slavery
is abolished,
274
00:16:30,375 --> 00:16:34,333
except in the case of a
punishment for a crime.
275
00:16:34,375 --> 00:16:38,959
And within that wiggle room,
what you see in it is that
276
00:16:39,000 --> 00:16:41,709
there's still the possibility
of extending slavery,
277
00:16:41,750 --> 00:16:44,500
as it were, by another name.
278
00:16:44,583 --> 00:16:49,125
[gunshots]
279
00:16:55,333 --> 00:16:58,583
(man)
♪ When it's early
in the mornin' ♪
280
00:16:58,625 --> 00:17:01,875
♪ Baby when I rise a-well ah ♪
281
00:17:02,000 --> 00:17:05,750
(narrator)
The system was known
as convict leasing.
282
00:17:05,792 --> 00:17:08,291
♪ When I rise a-well ah ♪
283
00:17:08,375 --> 00:17:11,166
♪ When it's early
in the mornin' ♪
284
00:17:11,291 --> 00:17:15,917
(Mary Ellen Curtin)
It took time for the system
of convict leasing to develop.
285
00:17:16,000 --> 00:17:19,542
It took time for the state
to realize that prisoners,
286
00:17:19,625 --> 00:17:23,166
believe it or not, could be
a source of profit.
287
00:17:23,250 --> 00:17:26,792
Once that revenue
starts coming in,
they're pleasantly surprised.
288
00:17:26,875 --> 00:17:30,625
This is new revenue
we never had before.
289
00:17:30,667 --> 00:17:36,417
(narrator)
The State of Alabama
earned $14,000
290
00:17:36,542 --> 00:17:41,291
in its first year
of convict leasing, 1874.
291
00:17:41,375 --> 00:17:47,917
By 1890, revenue was
$164,000,
292
00:17:48,000 --> 00:17:52,291
roughly $4.1 million today.
293
00:17:52,417 --> 00:17:54,542
(man)
♪ Heard that my woman
done leave me ♪
294
00:17:54,625 --> 00:17:56,917
♪ Well oh well-ah well-ah ♪
295
00:17:57,000 --> 00:18:00,417
(narrator)
By then, states
throughout the South
296
00:18:00,542 --> 00:18:04,625
and hundreds of counties
and cities were engaged
297
00:18:04,667 --> 00:18:09,041
in some form of leasing convicts
to private industry.
298
00:18:09,125 --> 00:18:12,750
(Khalil Muhammad) And it gave
tremendous discretionary power
299
00:18:12,792 --> 00:18:17,291
for the private owner, either
a landowner or a corporation
300
00:18:17,417 --> 00:18:21,500
or a coal mine, could be
any business concern
301
00:18:21,542 --> 00:18:25,041
to do what they wanted
with that African American.
302
00:18:26,375 --> 00:18:29,542
(man) We as convicts,
303
00:18:29,625 --> 00:18:33,166
is something like
a man drowning.
304
00:18:33,250 --> 00:18:40,417
We have been convicted of
felonies and because of that,
305
00:18:40,542 --> 00:18:45,417
we have lost
every friend on earth.
306
00:18:45,500 --> 00:18:49,542
(narrator)
In 1884, a series
of remarkable letters
307
00:18:49,625 --> 00:18:52,750
was sent from
the Pratt Coal Mines
308
00:18:52,792 --> 00:18:55,875
to Alabama's
new inspector of prisons.
309
00:18:55,917 --> 00:19:02,250
Their author was Ezekiel Archey,
now a 25-year-old convict.
310
00:19:02,291 --> 00:19:05,542
(man, as Ezekiel)
"All these years
311
00:19:05,625 --> 00:19:07,875
of how we suffered.
312
00:19:07,917 --> 00:19:11,667
We have looked death
in the face,
313
00:19:11,792 --> 00:19:16,166
worked hungry, thirsty,
314
00:19:16,250 --> 00:19:21,166
half-clothed and sore.
315
00:19:21,291 --> 00:19:25,625
(narrator)
Archey was one of hundreds
of convicts now being worked
316
00:19:25,667 --> 00:19:29,166
in a growing network
of mines and factories
317
00:19:29,291 --> 00:19:34,000
around Alabama's new industrial
center, Birmingham.
318
00:19:36,792 --> 00:19:41,917
Founded in 1871 and fed by
intersecting railway lines,
319
00:19:42,000 --> 00:19:44,917
Birmingham was poised to exploit
320
00:19:45,000 --> 00:19:48,417
Alabama's rich underground
deposits of coal,
321
00:19:48,500 --> 00:19:53,542
limestone, and iron ore:
the ingredients of steel.
322
00:19:54,917 --> 00:19:58,667
This was the new
industrial South, envisioned
323
00:19:58,792 --> 00:20:05,166
just prior to the Civil War
by slaveholder John T. Milner.
324
00:20:08,041 --> 00:20:10,625
(Douglas A. Blackmon)
John T. Milner
325
00:20:10,667 --> 00:20:12,625
was a brilliant engineer,
326
00:20:12,667 --> 00:20:18,750
extraordinary businessman;
he was also a supreme racist
327
00:20:18,792 --> 00:20:21,792
and a despotic person.
328
00:20:21,875 --> 00:20:25,625
(man)
Negro labor can be made
exceedingly profitable
329
00:20:25,667 --> 00:20:28,917
in manufacturing iron
and in rolling mills,
330
00:20:29,041 --> 00:20:31,792
provided there is an overseer,
331
00:20:31,917 --> 00:20:35,917
a Southern man
who knows how to manage Negroes.
332
00:20:36,000 --> 00:20:40,000
(Douglas A. Blackmon)
He laid out some of the first
railroad lines
333
00:20:40,041 --> 00:20:41,750
that would run across Alabama.
334
00:20:41,792 --> 00:20:43,291
In many respects, he was
335
00:20:43,417 --> 00:20:45,291
the Father of Southern
Industrialization,
336
00:20:45,375 --> 00:20:47,291
particularly in
the deep, deep South.
337
00:20:47,417 --> 00:20:50,792
(narrator)
Milner's vision triggered
338
00:20:50,917 --> 00:20:54,375
decades of rapid
industrial growth.
339
00:20:54,417 --> 00:20:59,291
After emancipation,
industrialists replaced
slaves with convicts,
340
00:20:59,417 --> 00:21:01,792
acquiring thousands from state
and county governments
341
00:21:01,917 --> 00:21:06,917
(Mary Ellen Curtin)
You can't drive free labor
the same way that you can
342
00:21:07,041 --> 00:21:10,542
force prisoners to mine
five tons of coal a day.
343
00:21:10,625 --> 00:21:13,166
And this is why people
like Milner
344
00:21:13,291 --> 00:21:15,375
wanted prisoners
in his coal mines.
345
00:21:15,417 --> 00:21:18,792
He saw them as
a great source of profit,
346
00:21:18,875 --> 00:21:22,125
and he didn't have to worry
about labor disputes.
347
00:21:25,875 --> 00:21:33,500
(man)
We would leave the cells
around 3:00 a.m.,
348
00:21:33,542 --> 00:21:37,166
and return at 8:00 p.m.,
349
00:21:37,250 --> 00:21:44,166
going the distance of 3 miles
through rain or snow.
350
00:21:44,250 --> 00:21:46,875
(Mary Ellen Curtin)
To describe the conditions
351
00:21:46,917 --> 00:21:48,792
in coal mine at this time,
352
00:21:48,917 --> 00:21:51,500
and to say that they're
primitive is,
353
00:21:51,542 --> 00:21:53,041
you can't even imagine it.
354
00:21:53,166 --> 00:21:56,166
(Douglas A. Blackmon)
This is a place where for weeks
355
00:21:56,250 --> 00:21:59,041
or months at a time,
men might never see daylight.
356
00:21:59,166 --> 00:22:01,542
The mine was often filled
with standing water
357
00:22:01,667 --> 00:22:03,417
around their ankles
and their feet.
358
00:22:03,500 --> 00:22:06,375
They had to drink
from that water.
359
00:22:06,417 --> 00:22:09,291
Disease ran rampant
through these mines.
360
00:22:09,417 --> 00:22:13,250
(Khalil Muhammad)
They were incredibly
dangerous places to work,
361
00:22:13,291 --> 00:22:16,291
being subjected to violent
explosions, poisonous gases
362
00:22:16,375 --> 00:22:20,166
that were released as coal fell
from the walls,
363
00:22:20,291 --> 00:22:23,166
In addition
to the falling coal itself.
364
00:22:23,291 --> 00:22:26,625
Whippings, keeping
people chained up,
365
00:22:26,667 --> 00:22:29,542
brutal kinds
of physical torture,
366
00:22:29,667 --> 00:22:33,041
and mental abuse are the norm.
367
00:22:33,125 --> 00:22:37,792
A lot of the things that kept
people in control under slavery,
368
00:22:37,875 --> 00:22:40,166
are amplified under
this convict system.
369
00:22:40,291 --> 00:22:43,291
Zeke Archey was one of
about 500 convicts
370
00:22:43,375 --> 00:22:47,667
at the Pratt Mines
near Birmingham,
371
00:22:47,792 --> 00:22:51,500
nearly half
the company's workforce.
372
00:22:51,542 --> 00:22:55,250
They were overseen
by J.W. Comer,
373
00:22:55,291 --> 00:22:58,417
the former slaveholder
whose enterprises
374
00:22:58,500 --> 00:23:00,792
now included convict mining.
375
00:23:00,917 --> 00:23:05,750
That Comer's a hard man.
I've seen him.
376
00:23:05,792 --> 00:23:09,417
I've seen him hit men,
377
00:23:09,542 --> 00:23:14,291
100 and 160 times,
378
00:23:14,417 --> 00:23:20,000
with a 10-pronged strap,
379
00:23:20,041 --> 00:23:23,792
then say they was not whipped.
380
00:23:23,875 --> 00:23:32,917
(Cristina Comer)
When I learned about the
brutality of J. W. Comer,
381
00:23:33,000 --> 00:23:36,500
I um...well,
382
00:23:36,542 --> 00:23:40,041
I just started
weeping, and um,
383
00:23:40,125 --> 00:23:44,041
I actually didn't leave
my house for two days,
384
00:23:44,125 --> 00:23:48,917
'cause I was in such a state
of grief and shock.
385
00:23:49,041 --> 00:23:53,041
The stories that I heard
about all the Comer men
386
00:23:53,125 --> 00:23:56,792
when I was growing up,
were about self-made men.
387
00:23:56,917 --> 00:24:01,375
And so to learn about the ways
388
00:24:01,417 --> 00:24:04,166
that they weren't
really self-made,
389
00:24:04,291 --> 00:24:08,667
but were making themselves
on the backs and
390
00:24:08,792 --> 00:24:13,792
by the blood of other people,
specifically the blacks
391
00:24:13,917 --> 00:24:17,166
and the convict leasing system,
392
00:24:17,291 --> 00:24:20,667
definitely shattered
that image for me.
393
00:24:20,750 --> 00:24:26,500
He'd go off after
an escaped man,
394
00:24:26,542 --> 00:24:33,875
one day, and dig his grave
the same day.
395
00:24:33,917 --> 00:24:38,667
(narrator)
Exposés of the convict
labor system described it
396
00:24:38,750 --> 00:24:40,750
as "...worse than slavery."
397
00:24:40,792 --> 00:24:44,417
Slaves had been a significant
long-term investment.
398
00:24:44,500 --> 00:24:51,291
A convict could be rented for
as little as 9 dollars a month.
399
00:24:51,375 --> 00:24:55,750
(Douglas A. Blackmon)
It was never in the economic
interest of a slave owner
400
00:24:55,792 --> 00:24:59,166
to kill his own slaves
or to abuse them so terribly
401
00:24:59,291 --> 00:25:00,875
that they couldn't work anymore.
402
00:25:00,917 --> 00:25:03,750
So their economic value
protected them in certain ways.
403
00:25:03,792 --> 00:25:05,417
After the Civil War,
404
00:25:05,500 --> 00:25:07,750
someone working
these kinds of forced laborers,
405
00:25:07,792 --> 00:25:13,041
would push them to the very
limits of human endurance.
406
00:25:13,166 --> 00:25:18,250
(man)
We are the men who do the work.
407
00:25:18,291 --> 00:25:21,041
Look at the white men--
408
00:25:21,166 --> 00:25:27,250
how many are cutting 5
or 4 ton coal per day?
409
00:25:27,291 --> 00:25:30,625
They are few.
410
00:25:30,667 --> 00:25:34,417
(Adam Green)
Convict leasing was
a source of labor
411
00:25:34,500 --> 00:25:36,041
where you could realize
412
00:25:36,125 --> 00:25:39,417
the maximum return
at a minimum social cost.
413
00:25:39,542 --> 00:25:43,000
The feeding, of course,
was next to nothing,
414
00:25:43,041 --> 00:25:45,291
health was next to nothing.
415
00:25:45,417 --> 00:25:50,250
(narrator)
Convict miners cost
as much as 50% to 80% less
416
00:25:50,291 --> 00:25:55,041
than free miners, and could be
worked 6 days a week.
417
00:25:55,166 --> 00:25:57,166
Their presence allowed companies
418
00:25:57,250 --> 00:25:59,792
to depress wages
and resist unions.
419
00:25:59,875 --> 00:26:03,500
(Douglas A. Blackmon)
When one could obtain
420
00:26:03,542 --> 00:26:06,792
black labor at almost no cost,
421
00:26:06,917 --> 00:26:11,542
the profits for that form
of business were enormous.
422
00:26:11,667 --> 00:26:15,250
(narrator)
In Florida, prisoners extracted
423
00:26:15,291 --> 00:26:19,041
gum and resin from tall pines
424
00:26:19,125 --> 00:26:22,166
and transformed it
into turpentine.
425
00:26:22,250 --> 00:26:26,166
In Georgia, they hauled wet clay
from riverbanks,
426
00:26:26,291 --> 00:26:30,166
molding it into the millions
of bricks needed
427
00:26:30,291 --> 00:26:32,667
for new buildings and homes.
428
00:26:32,750 --> 00:26:37,500
From Texas to Louisiana,
convicts forced their way
429
00:26:37,542 --> 00:26:40,417
through acres of virgin forest,
430
00:26:40,542 --> 00:26:43,417
harvesting timber
and building railroads
431
00:26:43,542 --> 00:26:47,000
In all,
more than 15,000 prisoners
432
00:26:47,041 --> 00:26:51,166
worked in Southern industries
in 1886,
433
00:26:51,250 --> 00:26:55,375
and that number
was rising quickly.
434
00:26:58,041 --> 00:27:03,625
In many labor camps, as many
as a third of male convicts
435
00:27:03,667 --> 00:27:06,041
were boys younger than 16.
436
00:27:09,417 --> 00:27:13,667
Girls and women were
also forced into labor.
437
00:27:13,792 --> 00:27:17,667
Over 90% of convict laborers
in Georgia
438
00:27:17,750 --> 00:27:19,667
were African American men.
439
00:27:19,750 --> 00:27:24,041
The next highest percentage
would obviously be white men,
440
00:27:24,125 --> 00:27:27,542
but African American women
were also utilized
441
00:27:27,667 --> 00:27:30,041
in these various tasks.
442
00:27:30,166 --> 00:27:34,542
In manual labor, black women
are working in brickyards,
443
00:27:34,625 --> 00:27:39,417
in turpentine camps, in mining
camps, farms, in lumberyards.
444
00:27:39,542 --> 00:27:43,500
(Khalil Muhammad)
Convict leasing becomes
a new form
445
00:27:43,542 --> 00:27:47,041
of economic development
in the South,
446
00:27:47,125 --> 00:27:51,000
and a ubiquitous form of
punishment for Southerners
447
00:27:51,041 --> 00:27:54,542
as the criminal justice system
expanded itself.
448
00:27:54,625 --> 00:27:57,125
And sweeps would take place
all through out the South,
449
00:27:57,166 --> 00:27:59,250
whether it was for a dice game,
450
00:27:59,291 --> 00:28:01,041
whether it was
for an altercation,
451
00:28:01,125 --> 00:28:03,041
whether it was for
being mouthy or uppity.
452
00:28:03,166 --> 00:28:07,417
(Douglas A. Blackmon)
The record of thousands
upon thousands of people
453
00:28:07,500 --> 00:28:11,041
arrested in this way, is
everywhere in the South.
454
00:28:11,166 --> 00:28:15,041
In the fall, when it was
time to pick cotton,
455
00:28:15,125 --> 00:28:17,792
huge numbers of black people
are arrested
456
00:28:17,917 --> 00:28:20,250
in all of the cotton-growing
counties.
457
00:28:20,291 --> 00:28:24,917
There are surges in arrests in
counties in Alabama in the days
458
00:28:25,041 --> 00:28:28,542
before coincidentally a labor
agent from the coal mines
459
00:28:28,667 --> 00:28:31,792
in Birmingham is
coming to town that day
460
00:28:31,875 --> 00:28:35,000
to pick up whichever
county convicts are there.
461
00:28:35,041 --> 00:28:37,417
(narrator)
Some charges were serious.
462
00:28:37,500 --> 00:28:41,291
But more than two-thirds
of all state prisoners
463
00:28:41,417 --> 00:28:45,792
at the time of Zeke Archey's
arrest, including Archey,
464
00:28:45,875 --> 00:28:50,792
were convicted under vague
charges of burglary and larceny.
465
00:28:50,917 --> 00:28:54,750
County prisoners too
were sent to the mines.
466
00:28:54,792 --> 00:28:57,291
For often trivial offenses,
467
00:28:57,375 --> 00:29:00,792
they faced
the real possibility of death.
468
00:29:00,875 --> 00:29:03,125
In some Alabama prison camps,
469
00:29:03,166 --> 00:29:08,792
convicts died at a rate
of 30% to 40% a year.
470
00:29:08,917 --> 00:29:14,041
And this system is one
that I think in many ways,
471
00:29:14,166 --> 00:29:18,792
needs to be understood
as brutal in a social sense,
472
00:29:18,917 --> 00:29:22,417
but fiendishly rational
in an economic sense.
473
00:29:22,542 --> 00:29:27,166
Because where else could
one take a black worker
474
00:29:27,250 --> 00:29:31,291
and work them literally to death
after slavery?
475
00:29:31,417 --> 00:29:35,291
And when that worker died,
one simply had to go
476
00:29:35,417 --> 00:29:37,125
and get another convict.
477
00:29:55,125 --> 00:29:59,166
(narrator) The South's state
prison population
478
00:29:59,250 --> 00:30:05,166
continued to grow, reaching
19,000 people by 1890.
479
00:30:05,250 --> 00:30:11,375
Nearly 90% of those held
were African American.
480
00:30:11,417 --> 00:30:14,250
When folded
into national statistics,
481
00:30:14,291 --> 00:30:17,166
the concentration
of black prisoners
482
00:30:17,250 --> 00:30:21,542
seemed to reflect an alarming
rise in black crime.
483
00:30:25,417 --> 00:30:30,166
(Khlil Muhammad)
So as early as 1890,
African Americans are almost
484
00:30:30,250 --> 00:30:33,166
3 times overrepresented
in the prison population.
485
00:30:33,291 --> 00:30:35,375
The general population is 12%,
486
00:30:35,417 --> 00:30:38,917
the nation's prisons'
populations of blacks is 30%.
487
00:30:39,000 --> 00:30:41,250
So there are many
important implications
488
00:30:41,291 --> 00:30:44,375
and long-term consequences for
this convict leasing system.
489
00:30:44,417 --> 00:30:48,250
Not only is it so oppressive,
but when you have
490
00:30:48,291 --> 00:30:50,250
an overwhelmingly
black prison population,
491
00:30:50,291 --> 00:30:51,792
it cements that relationship
492
00:30:51,875 --> 00:30:54,542
between criminality and race
in people's minds
493
00:30:54,667 --> 00:30:58,041
to the degree that it's seen
as something inherent.
494
00:30:58,166 --> 00:31:01,291
(Khlil Muhammad)
Southern editorialists,
sociologists, politicians,
495
00:31:01,375 --> 00:31:05,500
are all saying that the
statistics prove
496
00:31:05,542 --> 00:31:09,166
that black people
are a criminal race
497
00:31:09,291 --> 00:31:12,917
and that freedom
had been a mistake.
498
00:31:13,041 --> 00:31:16,667
If you were to ask
most Southerners,
499
00:31:16,792 --> 00:31:19,125
white Southerners,
what they thought
500
00:31:19,166 --> 00:31:21,917
of African Americans
in the 1850's,
501
00:31:22,041 --> 00:31:24,792
the 1860's, even
into the 1870's,
502
00:31:24,875 --> 00:31:27,291
one profile would have been
503
00:31:27,375 --> 00:31:30,917
of people who are loyal,
dutiful, trustworthy.
504
00:31:31,041 --> 00:31:34,000
Those same people
in the 1880's
505
00:31:34,041 --> 00:31:37,667
and by the 1890's
have been demonized.
506
00:31:37,750 --> 00:31:40,250
They no longer are trustworthy,
507
00:31:40,291 --> 00:31:44,291
they no longer have
the capacity for citizenship.
508
00:31:44,417 --> 00:31:48,417
(narrator)
By the 1890s,
white voters had reversed
509
00:31:48,500 --> 00:31:51,917
the civil rights gains made
during Reconstruction.
510
00:31:52,000 --> 00:31:56,542
New state constitutions kept
blacks out of voting booths
511
00:31:56,667 --> 00:32:00,041
and limited funding
for black schools.
512
00:32:00,166 --> 00:32:03,625
Racial segregation
was mandated by law.
513
00:32:03,667 --> 00:32:06,291
(James Grossman)
They do this because
514
00:32:06,417 --> 00:32:08,667
it's important
to remind black people,
515
00:32:08,750 --> 00:32:11,667
day after day after day,
minute after minute,
516
00:32:11,792 --> 00:32:15,000
that they have a place
in this society
517
00:32:15,041 --> 00:32:17,166
and that that place is
subordinate.
518
00:32:17,291 --> 00:32:20,792
So what that means is that
when a black person is
519
00:32:20,917 --> 00:32:24,417
walking down the street and a
white person walks towards them,
520
00:32:24,542 --> 00:32:26,166
they step into the gutter.
521
00:32:26,250 --> 00:32:31,500
My name is
Barbara Jean Belisle.
522
00:32:31,542 --> 00:32:33,542
I was born
in Birmingham in 1936.
523
00:32:33,625 --> 00:32:35,667
You had to stay in your place.
524
00:32:35,750 --> 00:32:38,375
Now, my daddy was
the one who was daring.
525
00:32:38,417 --> 00:32:41,667
He used to be called that
uppity nigger by white folks
526
00:32:41,750 --> 00:32:45,166
because he believed that we were
just as good as anybody else.
527
00:32:45,291 --> 00:32:48,542
He's a smart man; he's
one of the first black men
528
00:32:48,625 --> 00:32:50,667
in this area
to register to vote.
529
00:32:50,750 --> 00:32:53,542
There were a lot of times
truckloads of KKK folks
530
00:32:53,667 --> 00:32:55,375
would pass by the house,
531
00:32:55,417 --> 00:32:58,166
where he had made white folks
mad about something.
532
00:32:58,250 --> 00:32:59,875
He wouldn't let my mother work.
533
00:32:59,917 --> 00:33:03,750
She went to clean up a house
one time, and he went over
534
00:33:03,792 --> 00:33:06,792
to pick her up and she
was cleaning the cabinets
535
00:33:06,917 --> 00:33:10,125
down on her knees, trying
to clean out a cabinet,
536
00:33:10,166 --> 00:33:12,291
he told her,
"You're not going back,
537
00:33:12,417 --> 00:33:14,041
you clean up your own cabinets."
538
00:33:14,166 --> 00:33:16,417
And that's
the kind of man he was.
539
00:33:16,500 --> 00:33:18,250
But he's another story though,
540
00:33:18,291 --> 00:33:21,667
I'd have to talk about him
another time.
541
00:33:25,166 --> 00:33:30,250
(narrator)
Segregation was not only
mandated by Southern states,
542
00:33:30,291 --> 00:33:34,917
it was upheld by
the US Supreme Court
543
00:33:35,000 --> 00:33:39,041
in an 1896 ruling,
Plessy versus Ferguson.
544
00:33:39,166 --> 00:33:42,417
And after that, white
Southerners, white legislatures,
545
00:33:42,542 --> 00:33:46,917
never had any reservation
about imposing the most severe,
546
00:33:47,041 --> 00:33:50,417
the most repressive restrictions
on black life.
547
00:33:50,500 --> 00:33:55,917
(narrator)
Ezekiel Archey was scheduled
for release on February 6, 1887,
548
00:33:56,000 --> 00:34:00,917
at the age of 28,
but he was not free;
549
00:34:01,000 --> 00:34:05,500
a new indictment, for reasons
unknown, was pending.
550
00:34:05,542 --> 00:34:12,458
(man, as Ezekiel)
This letter is not all
I could write,
551
00:34:12,500 --> 00:34:16,250
but my condition
will not permit.
552
00:34:16,333 --> 00:34:20,125
Fate seems to curse the convict,
553
00:34:20,250 --> 00:34:24,250
death seems
to summon us hence.
554
00:34:35,709 --> 00:34:39,458
(narrator)
As the 19th century
came to a close,
555
00:34:39,500 --> 00:34:42,125
and for many decades to come,
556
00:34:42,208 --> 00:34:44,625
the possibility of freedom
was overshadowed
557
00:34:44,709 --> 00:34:49,000
by the constant threat
of forced labor and violence.
558
00:34:56,250 --> 00:35:02,000
Decades after the Civil War,
the nation was reunited.
559
00:35:02,083 --> 00:35:06,583
But the place
of black Americans within it
560
00:35:06,625 --> 00:35:10,000
seemed more uncertain than ever.
561
00:35:10,125 --> 00:35:13,750
[man hums softly]
562
00:35:13,875 --> 00:35:18,000
(Adam Green)
Many whites in the South
are completely indifferent
563
00:35:18,125 --> 00:35:21,000
about whether black people
live or die.
564
00:35:21,125 --> 00:35:24,500
They want to see them
in their place.
565
00:35:24,583 --> 00:35:29,250
They want to see them as an
exploitable system of labor.
566
00:35:29,375 --> 00:35:32,625
They want to see them as
an affirmation
567
00:35:32,750 --> 00:35:34,375
of their racial superiority.
568
00:35:34,458 --> 00:35:39,458
And if they don't fulfill that
role, then to hell with them.
569
00:35:39,500 --> 00:35:45,125
(man)
♪ Another man done gone
another man done gone ♪
570
00:35:49,333 --> 00:35:53,500
I never will forget this;
I'm 9 years old,
571
00:35:53,583 --> 00:35:55,875
going from
West Palm Beach
572
00:35:55,959 --> 00:35:58,625
to Tampa, where
my mom's from,
573
00:35:58,709 --> 00:36:00,500
to see
my Grandmom.
574
00:36:00,583 --> 00:36:03,750
And we had a
brand new Oldsmobile,
575
00:36:03,834 --> 00:36:06,125
and a cop stopped her
in Kissimmee, Florida,
576
00:36:06,250 --> 00:36:09,500
and the way he
talked to my mom, he gave her
577
00:36:09,625 --> 00:36:12,333
a ticket for speeding,
and she was not speeding.
578
00:36:12,375 --> 00:36:15,709
It was just because he
could do it, you follow me?
579
00:36:15,750 --> 00:36:17,750
The ticket cost
a one month's salary.
580
00:36:17,834 --> 00:36:20,625
And my mama had to restrain me
'cause I wanted
581
00:36:20,709 --> 00:36:23,875
to get after this white boy
like I could not believe,
582
00:36:24,000 --> 00:36:28,250
at 9 years old, when you have
to just kind of just tuck it in.
583
00:36:28,333 --> 00:36:32,250
Like my mom would say, "Bernard,
you've got to just stop.
584
00:36:32,375 --> 00:36:35,250
because me may not
get out of here."
585
00:36:35,375 --> 00:36:39,625
And you could see the terror
in her eyes, you follow me?
586
00:36:39,750 --> 00:36:43,000
"Cause we in little ol'
Kissimmee in the '50's.
587
00:36:45,000 --> 00:36:48,250
[steam whistle blows]
588
00:36:48,375 --> 00:36:54,709
(narrator)
September 1901--
the dawn of a new century.
589
00:36:58,333 --> 00:37:02,875
John Davis, now 23 and renting
his own Alabama farm,
590
00:37:03,000 --> 00:37:07,625
was on his way to Goodwater,
about 18 miles away.
591
00:37:07,709 --> 00:37:13,625
His wife was ill, and being
cared for there by her parents.
592
00:37:13,750 --> 00:37:15,500
It was harvest time,
593
00:37:15,583 --> 00:37:19,750
and Davis would have been
careful to avoid trouble,
594
00:37:19,834 --> 00:37:24,834
eager to return safely to
his own small patch of cotton.
595
00:37:24,875 --> 00:37:30,750
But trouble found him
in the form of Robert Franklin,
596
00:37:30,834 --> 00:37:34,375
a local merchant and constable.
597
00:37:37,000 --> 00:37:42,000
Bob Franklin said, "Nigger
have you got any money?
598
00:37:42,083 --> 00:37:47,834
When are you gonna pay
the money you owe me?"
599
00:37:47,875 --> 00:37:52,125
I said,
"I don't owe you any money."
600
00:37:52,250 --> 00:37:55,000
(narrator)
Convicts were not
the only Southerners
601
00:37:55,125 --> 00:37:57,500
being forced into hard labor.
602
00:37:57,625 --> 00:38:00,959
Throughout the South, many
thousands of African Americans
603
00:38:01,000 --> 00:38:05,458
were tied to white employers
through various forms of debt.
604
00:38:05,500 --> 00:38:10,458
You get a person in debt, you
continually keep him in debt,
605
00:38:10,500 --> 00:38:15,333
you never let him work it off,
and you control their labor.
606
00:38:15,375 --> 00:38:18,875
Any kind of relationship
where you use debt
607
00:38:18,959 --> 00:38:22,500
as the fulcrum to extract labor,
that's illegal.
608
00:38:22,583 --> 00:38:24,583
You've violated the peonage law.
609
00:38:24,625 --> 00:38:27,750
(narrator)
Peonage, or debt servitude,
was outlawed
610
00:38:27,834 --> 00:38:32,375
by the federal government
just after the Civil War.
611
00:38:32,500 --> 00:38:38,000
(Douglas A. Blackmon)
Peonage comes from the word
peon, of Mexican peons.
612
00:38:38,083 --> 00:38:39,750
It's serfdom, it's peasantry.
613
00:38:39,834 --> 00:38:43,500
Ironically enough, the United
States made peonage illegal
614
00:38:43,625 --> 00:38:48,125
only as a result of the
acquisition of New Mexico.
615
00:38:48,208 --> 00:38:50,875
And the federal government
didn't want
616
00:38:51,000 --> 00:38:55,000
to introduce Mexican peonage
into the American legal system.
617
00:38:55,125 --> 00:38:59,250
And so in 1867, the Congress
made peonage illegal.
618
00:38:59,333 --> 00:39:02,583
(narrator)
Nearly 40 years later, in 1903,
619
00:39:02,625 --> 00:39:06,250
a federal judge in Alabama
raised an alarm
620
00:39:06,375 --> 00:39:10,083
about allegations of peonage
in his jurisdiction.
621
00:39:10,125 --> 00:39:14,583
(man)
Witnesses have reported
that a systematic scheme
622
00:39:14,625 --> 00:39:18,709
of depriving Negroes
of their liberty in Alabama
623
00:39:18,750 --> 00:39:21,625
has been practiced
for some time.
624
00:39:21,709 --> 00:39:26,375
Judge Thomas Goode Jones was
a former Confederate officer
625
00:39:26,458 --> 00:39:28,625
and two-time governor
of Alabama.
626
00:39:28,750 --> 00:39:31,458
Viewed as something
of a moderate,
627
00:39:31,500 --> 00:39:35,250
he'd been appointed
to the federal court
628
00:39:35,333 --> 00:39:38,000
by U.S. President
Theodore Roosevelt.
629
00:39:38,083 --> 00:39:41,625
(Douglas A. Blackmon)
Teddy Roosevelt
becomes president in 1901,
630
00:39:41,709 --> 00:39:44,083
after the assassination
of William McKinley.
631
00:39:44,125 --> 00:39:46,834
He viewed himself
as an egalitarian person
632
00:39:46,875 --> 00:39:50,834
on the side of both business
and the working man.
633
00:39:50,875 --> 00:39:54,250
He believed that exposure
of the sins of society
634
00:39:54,333 --> 00:39:57,375
and exposure of the sins
of commerce industrialism
635
00:39:57,500 --> 00:39:59,250
would lead to their eradication.
636
00:39:59,375 --> 00:40:03,083
And he believed that for
the factories of the North
637
00:40:03,125 --> 00:40:07,250
and he believed that for the
racial abuses of the South.
638
00:40:07,333 --> 00:40:10,250
(narrator)
The president authorized
a federal investigation
639
00:40:10,333 --> 00:40:13,375
into peonage
in the Alabama counties
640
00:40:13,458 --> 00:40:16,000
of Shelby, Coosa,
and Tallapoosa.
641
00:40:18,375 --> 00:40:23,000
(Risa Goluboff)
Now, they thought that these
were exceptional circumstances,
642
00:40:23,083 --> 00:40:26,250
they were
out of the ordinary.
643
00:40:26,375 --> 00:40:29,458
And I think that
the Roosevelt administration
644
00:40:29,500 --> 00:40:31,834
and the Roosevelt Justice
Department
645
00:40:31,875 --> 00:40:36,959
thought that it could-- score
points is too easy a word--
646
00:40:37,000 --> 00:40:42,000
but that it could, by making
a stand in this way,
647
00:40:42,125 --> 00:40:44,333
it could accomplish quite a lot
648
00:40:44,375 --> 00:40:47,709
and have a symbolic impact
that was pretty large.
649
00:40:47,750 --> 00:40:50,875
(narrator)
Federal peonage inquiries
were also underway
650
00:40:51,000 --> 00:40:52,959
in Georgia and Florida.
651
00:40:53,000 --> 00:40:55,834
In Alabama, witnesses
were called to appear
652
00:40:55,875 --> 00:40:58,709
before the federal grand jury
to determine
653
00:40:58,750 --> 00:41:02,375
if there was enough evidence
to go to trial.
654
00:41:02,458 --> 00:41:07,625
Prosecuting the case was
U.S. Attorney Warren S. Reese,
655
00:41:07,750 --> 00:41:12,375
born in Alabama
just after the Civil War.
656
00:41:12,458 --> 00:41:19,500
(man, as Reese)
Now I have lived in this state
my entire life of 37 years,
657
00:41:19,625 --> 00:41:23,583
and I have never comprehended
until now the extent
658
00:41:23,625 --> 00:41:26,375
of this present
method of slavery
659
00:41:26,458 --> 00:41:28,125
through this peonage system.
660
00:41:28,250 --> 00:41:31,375
Southern progressives
were not free of the racism
661
00:41:31,458 --> 00:41:33,000
that Southern conservatives had
662
00:41:33,083 --> 00:41:36,583
or Northern progressives
were not free of that either.
663
00:41:36,625 --> 00:41:40,500
But they did think that there
were some things
664
00:41:40,625 --> 00:41:43,083
that were just beyond the pale.
665
00:41:43,125 --> 00:41:46,125
And so when stories, horrific,
sensationalized stories
666
00:41:46,250 --> 00:41:49,083
of African American slavery
came to light,
667
00:41:49,125 --> 00:41:53,000
they were precisely
the kind of thing that we,
668
00:41:53,125 --> 00:41:56,875
as a modern, civilized nation,
should not engage in.
669
00:41:57,000 --> 00:41:59,875
(narrator)
Among those testifying
was John Davis,
670
00:42:00,000 --> 00:42:03,250
freed hastily as word
of the investigation spread.
671
00:42:03,375 --> 00:42:06,750
(man, as John Davis)
Bob Franklin said,
672
00:42:06,875 --> 00:42:11,458
"When are you going to pay
the money you owe me?"
673
00:42:11,500 --> 00:42:16,875
I said,
"I don't owe you any money."
674
00:42:16,959 --> 00:42:21,875
(narrator)
Nearly 18 months had passed
since he'd been stopped
675
00:42:22,000 --> 00:42:24,375
by Franklin,
the local constable.
676
00:42:24,500 --> 00:42:28,125
His testimony echoed
that of other victims.
677
00:42:28,208 --> 00:42:32,250
Like Davis, they were falsely
accused and quickly convicted.
678
00:42:32,375 --> 00:42:37,083
They were sentenced and charged
fines and court fees,
679
00:42:37,125 --> 00:42:39,250
which they couldn't pay.
680
00:42:39,375 --> 00:42:44,500
They could do nothing
as local whites paid the court,
681
00:42:44,583 --> 00:42:47,583
and took control of them.
682
00:42:47,625 --> 00:42:53,333
John Davis was bought
from the court by Bob Franklin,
683
00:42:53,375 --> 00:42:55,959
and then resold, for profit.
684
00:42:56,000 --> 00:43:03,500
(man, as John Davis)
He said, "We gonna'
carry you over to Mr. Pace's."
685
00:43:03,625 --> 00:43:08,333
I told him I didn't know
anything about it,
686
00:43:08,375 --> 00:43:11,208
and he said, "We know."
687
00:43:11,250 --> 00:43:15,125
(Douglas A. Blackmon)
John Pace was the baron
688
00:43:15,208 --> 00:43:16,834
of Tallapoosa County, Alabama.
689
00:43:16,875 --> 00:43:21,500
He had been the sheriff
of the county in the 1880's.
690
00:43:21,625 --> 00:43:25,000
He then amassed
a substantial amount of land,
691
00:43:25,125 --> 00:43:28,000
the most fertile land
along the Tallapoosa River
692
00:43:28,125 --> 00:43:29,959
in his part of Alabama.
693
00:43:30,000 --> 00:43:34,458
He was quite a character,
6 foot 2, 230-pound man
694
00:43:34,500 --> 00:43:39,000
who had frostbitten toes
and was supposed to be very ill.
695
00:43:39,125 --> 00:43:42,625
And when he walked the earth
shook they said.
696
00:43:42,709 --> 00:43:46,834
(man)
I bought the Negro John Davis
from Bob Franklin,
697
00:43:46,875 --> 00:43:48,500
the constable of Tallapoosa.
698
00:43:48,583 --> 00:43:53,500
I explained to Davis that he
would be confined on my farm,
699
00:43:53,625 --> 00:43:56,000
just as I confined
county convicts.
700
00:43:56,083 --> 00:43:59,709
(man, as John Davis)
Mr. Pace asks,
701
00:43:59,750 --> 00:44:03,375
"Will you work
10 months with me?"
702
00:44:03,458 --> 00:44:06,125
And I signed a contract.
703
00:44:06,250 --> 00:44:11,250
(narrator)
These contracts gave employers
the right to whip, confine,
704
00:44:11,333 --> 00:44:17,500
and even trade workers, as long
as the debt was deemed unpaid.
705
00:44:17,583 --> 00:44:23,208
(Peter Daniel)
Peonage varied from a kind
of paternalistic peonage
706
00:44:23,250 --> 00:44:28,375
to just the most awful
conditions you could imagine.
707
00:44:28,458 --> 00:44:30,250
People were put in barracks,
708
00:44:30,333 --> 00:44:32,500
they were beaten,
and some killed.
709
00:44:32,625 --> 00:44:35,375
People were flogged; they were
chased by bloodhounds.
710
00:44:35,458 --> 00:44:37,875
It was pretty horrible
at its worst,
711
00:44:38,000 --> 00:44:41,250
It was about as bad
as it can get.
712
00:44:41,333 --> 00:44:46,083
(man, as Reese)
Brutal things have transpired
and sometimes death has been
713
00:44:46,125 --> 00:44:49,375
the result of the infliction
of corporal punishment.
714
00:44:49,458 --> 00:44:51,709
(narrator)
Prosecutor Warren Reese's
reports to Washington
715
00:44:51,750 --> 00:44:53,458
grew more urgent.
716
00:44:53,500 --> 00:44:56,709
Peonage was not isolated
in a few counties,
717
00:44:56,750 --> 00:44:59,125
but was evident throughout
the state,
718
00:44:59,208 --> 00:45:02,333
trapping hundreds
or even thousands of people.
719
00:45:02,375 --> 00:45:05,959
(man, as Reese)
These violations have developed
720
00:45:06,000 --> 00:45:10,083
into a miserable business
and custom to catch up
721
00:45:10,125 --> 00:45:14,625
with Negro men and women
upon the flimsiest of charges.
722
00:45:14,709 --> 00:45:16,625
(narrator)
Reporting to Washington,
723
00:45:16,709 --> 00:45:22,250
Reese would have had to remind
himself that this was 1903.
724
00:45:22,375 --> 00:45:26,250
In Detroit,
the Ford Motor Company
725
00:45:26,375 --> 00:45:30,959
had begun production
of the Model A.
726
00:45:31,000 --> 00:45:36,625
On Wall Street,
the new Stock Exchange Building
had just opened.
727
00:45:36,750 --> 00:45:39,625
In Kitty Hawk,
the Wright Brothers
728
00:45:39,750 --> 00:45:42,250
were preparing
their first flight.
729
00:45:42,333 --> 00:45:46,250
Yet in much of the South,
African Americans
730
00:45:46,333 --> 00:45:48,333
were still being held
731
00:45:48,375 --> 00:45:53,333
in what Reese and the press
called, "abject slavery."
732
00:45:53,375 --> 00:45:58,000
(Pete Daniel)
What the U.S. attorneys
like Reese found
733
00:45:58,083 --> 00:46:01,125
was a totally corrupt
legal system,
734
00:46:01,250 --> 00:46:06,250
where you had the justices
of the peace were corrupt,
735
00:46:06,375 --> 00:46:09,125
in that the people
that came before them
736
00:46:09,208 --> 00:46:12,625
may not be guilty, but
they would find them guilty.
737
00:46:12,750 --> 00:46:16,875
(narrator)
John Pace, Fletcher Turner
and William and George Cosby,
738
00:46:16,959 --> 00:46:20,750
all of them wealthy farmers,
were the ringleaders.
739
00:46:20,875 --> 00:46:26,250
(Douglas A. Blackmon)
All of them had their own
justice of the peace.
740
00:46:26,375 --> 00:46:31,834
In the case of John Pace, he had
a man named James Kennedy.
741
00:46:31,875 --> 00:46:36,000
Mr. J. W. Pace and I are
brothers-in-law by marriage.
742
00:46:36,125 --> 00:46:41,125
I went to work for him
on the first of June, 1891.
743
00:46:41,250 --> 00:46:43,375
If they wanted a man convicted
of any particular thing,
744
00:46:43,500 --> 00:46:45,750
then they simply had their own
justice of the peace,
745
00:46:45,834 --> 00:46:48,583
or the justice of the peace
of one of the other families,
746
00:46:48,625 --> 00:46:50,375
declare someone to be guilty.
747
00:46:50,458 --> 00:46:55,834
Note in none of these cases
that I have spoken about
748
00:46:55,875 --> 00:47:03,375
did I receive one cent of costs,
nor was I paid in any other way
749
00:47:03,500 --> 00:47:08,375
by Mr. Pace or anybody else
for trying these cases.
750
00:47:08,500 --> 00:47:12,750
And after I worked
that 10 months,
751
00:47:12,875 --> 00:47:19,709
my time was out
on the 10th day of July, 1902.
752
00:47:19,750 --> 00:47:25,709
I told him,
"My time is out this morning."
753
00:47:25,750 --> 00:47:29,625
He said, "Go ahead to work."
754
00:47:29,709 --> 00:47:38,750
I said, "No, I'm
going home this morning."
755
00:47:38,834 --> 00:47:47,250
And he locked me up for 3 days,
and after that he said,
756
00:47:47,333 --> 00:47:51,709
"If I don't go to work,
757
00:47:51,750 --> 00:47:55,709
he'll put me
in the river down there."
758
00:48:03,000 --> 00:48:06,875
(narrator)
As the investigation
in Alabama continued,
759
00:48:07,000 --> 00:48:10,875
the federal grand jury
began issuing indictments
760
00:48:11,000 --> 00:48:16,250
John Pace was charged with
several counts of peonage
761
00:48:16,375 --> 00:48:21,000
If convicted,
he faced decades in prison.
762
00:48:21,083 --> 00:48:25,583
The next day, Pace's
justice of the peace,
763
00:48:25,625 --> 00:48:28,959
James Kennedy, unexpectedly
returned to court.
764
00:48:29,000 --> 00:48:31,750
(Douglas A. Blackmon)
James Kennedy came
to be terrified
765
00:48:31,875 --> 00:48:35,500
that he would be convicted at
trial once he had been indicted.
766
00:48:35,583 --> 00:48:37,959
He's the guy who fabricated
all the documents,
767
00:48:38,000 --> 00:48:40,750
he's the one who declared
all these people guilty,
768
00:48:40,875 --> 00:48:43,500
and so he feels
a great sense of jeopardy.
769
00:48:43,625 --> 00:48:48,500
If anybody from
the Cosby family wanted a Negro,
770
00:48:48,625 --> 00:48:54,500
they would send somebody before
me and have an affidavit made.
771
00:48:54,625 --> 00:48:59,750
The Negro would be fined
and made to sign a contract
772
00:48:59,875 --> 00:49:02,000
and sent to the farm.
773
00:49:02,125 --> 00:49:06,875
This was never reported
to the jurors.
774
00:49:06,959 --> 00:49:11,709
(narrator)
Kennedy confirmed that
at least 80 men and women
775
00:49:11,750 --> 00:49:14,625
had fallen victim
to the conspiracy.
776
00:49:14,709 --> 00:49:17,500
Many other cases were suspected.
777
00:49:17,625 --> 00:49:22,000
As the grand jury continued
to issue indictments,
778
00:49:22,083 --> 00:49:24,500
they asked Judge Jones
779
00:49:24,625 --> 00:49:28,500
to explain
the federal law against peonage.
780
00:49:28,625 --> 00:49:32,709
Judge Jones comes back
with a ruling, which asserts
781
00:49:32,750 --> 00:49:35,500
that in essentially every case,
782
00:49:35,625 --> 00:49:41,583
in which a landowner is holding
a laborer to pay back a debt,
783
00:49:41,625 --> 00:49:44,875
that unless there has been
a conviction
784
00:49:45,000 --> 00:49:50,125
of that person in an open court,
in a sanctioned way
785
00:49:50,250 --> 00:49:53,834
by the government, it's peonage,
it's debt slavery.
786
00:49:53,875 --> 00:49:57,125
(man, as Judge Jones)
They are guilty of a conspiracy
787
00:49:57,208 --> 00:49:59,500
to deprive that person
of the free exercise
788
00:49:59,625 --> 00:50:02,500
or enjoyment of a right
or privilege secured to him
789
00:50:02,625 --> 00:50:04,625
by the Constitution
of the United States.
790
00:50:04,709 --> 00:50:08,750
And the ruling from Judge Jones
791
00:50:08,834 --> 00:50:11,625
unleashes this firestorm
of fear and panic,
792
00:50:11,709 --> 00:50:15,250
not just in Alabama,
but all across the South.
793
00:50:15,333 --> 00:50:20,583
(narrator)
Forty years after the Civil War,
the United States had emerged
794
00:50:20,625 --> 00:50:24,125
as a global economic leader,
due in part
795
00:50:24,208 --> 00:50:26,875
to Southern industry
and agriculture.
796
00:50:26,959 --> 00:50:30,875
Employers throughout the South
relied on debt to coerce labor.
797
00:50:30,959 --> 00:50:34,583
The judge's ruling might apply
not just to convicts
798
00:50:34,625 --> 00:50:38,750
or those trapped by corruption,
but also hundreds of thousands
799
00:50:38,834 --> 00:50:41,583
of black families tied
to white landowners
800
00:50:41,625 --> 00:50:44,000
through tenant farming
and sharecropping.
801
00:50:44,125 --> 00:50:47,834
(Douglas A. Blackmon)
If they lose access
to that army of laborers,
802
00:50:47,875 --> 00:50:50,083
or they're compelled
to deal with them
803
00:50:50,125 --> 00:50:52,083
on equitable terms
as free citizens,
804
00:50:52,125 --> 00:50:55,458
then the entire Southern economy
is disrupted, and along with it,
805
00:50:55,500 --> 00:50:57,959
the entire U.S. economy
is disrupted as well.
806
00:50:58,000 --> 00:51:01,333
What had begun as
a principal investigation
807
00:51:01,375 --> 00:51:04,625
that was probably
going to go nowhere,
808
00:51:04,709 --> 00:51:08,000
was turning into a potential
political catastrophe
809
00:51:08,083 --> 00:51:09,959
for the Roosevelt
Administration.
810
00:51:10,000 --> 00:51:14,375
(woman)
"Mr. President, I have
a brother about 14 years old.
811
00:51:14,458 --> 00:51:19,709
A man hired him from me
and I heard of him no more."
812
00:51:19,750 --> 00:51:22,250
Among black Southerners,
reports that peonage
813
00:51:22,375 --> 00:51:25,625
was being prosecuted sparked
a very different outcry:
814
00:51:25,750 --> 00:51:30,834
a flood of letters, many of them
addressed to the president.
815
00:51:30,875 --> 00:51:36,625
(Douglas A. Blackmon)
At the National Archives today,
there's more than 30,000 pages
816
00:51:36,709 --> 00:51:40,625
of this kind of material
that document the arrest,
817
00:51:40,709 --> 00:51:43,208
the subjugation, the punishment,
the mistreatment,
818
00:51:43,250 --> 00:51:47,709
the profit that was made off
of the forced labor
819
00:51:47,750 --> 00:51:50,834
of armies and armies of people.
820
00:51:50,875 --> 00:51:55,583
He has done nothing wrong
for them to keep him in chains.
821
00:51:55,625 --> 00:52:00,208
So I write to you to help me
get my poor brother.
822
00:52:00,250 --> 00:52:05,375
Please let me hear from you
at once, Carrie Kinsey.
823
00:52:05,458 --> 00:52:08,000
My name is
Bernard William Kinsey.
824
00:52:08,125 --> 00:52:10,000
Carrie Kinsey is a cousin.
825
00:52:10,125 --> 00:52:15,625
When I held this letter,
and it hadn't, I mean,
826
00:52:15,750 --> 00:52:18,375
here you holding
Carrie's legacy.
827
00:52:18,458 --> 00:52:23,208
When you begin to connect
with your family,
828
00:52:23,250 --> 00:52:27,500
you can put yourself back
into 1900
829
00:52:27,625 --> 00:52:32,333
and how difficult
it was for anybody
830
00:52:32,375 --> 00:52:34,250
to push up against the system.
831
00:52:34,333 --> 00:52:38,875
(man)
"Dear Sir, I have a little girl
that has been kidnapped from me.
832
00:52:39,000 --> 00:52:42,750
Some time ago, my attention was
called to a condition of affairs
833
00:52:42,875 --> 00:52:46,083
in existence there so appalling
in its vice and cruelty.
834
00:52:46,125 --> 00:52:49,000
And they just beat sores
on me every day.
835
00:52:49,083 --> 00:52:51,333
They started to whip me
one day..."
836
00:52:51,375 --> 00:52:53,875
These letters are
incredibly poignant.
837
00:52:54,000 --> 00:52:55,875
A lot of them, even though
838
00:52:55,959 --> 00:52:58,375
they're not written
in the language of rights,
839
00:52:58,500 --> 00:53:00,375
do refer
to the Thirteenth Amendment.
840
00:53:00,458 --> 00:53:04,250
They are aware that they have
a right not to be enslaved,
841
00:53:04,333 --> 00:53:07,583
and they're calling upon the
government to protect them
842
00:53:07,625 --> 00:53:10,750
from slavery that they thought
was supposed to be over.
843
00:53:10,834 --> 00:53:13,875
There was a tremendous hope,
it's absolutely evident
through these letters
844
00:53:14,000 --> 00:53:15,875
that a huge population
of African Americans
845
00:53:15,959 --> 00:53:18,709
believed that the president was
finally coming to their rescue.
846
00:53:27,750 --> 00:53:32,333
(narrator)
But the Alabama peonage trials
in the summer of 1903
847
00:53:32,375 --> 00:53:36,125
were over almost
as soon as they began.
848
00:53:36,208 --> 00:53:38,083
[banging of a gavel]
849
00:53:38,125 --> 00:53:42,458
The federal government was eager
to cap the investigation,
850
00:53:42,500 --> 00:53:45,750
punish the ringleaders,
and move on.
851
00:53:45,875 --> 00:53:50,959
The Cosbys and Fletcher Turner
pleaded guilty,
852
00:53:51,000 --> 00:53:54,625
and Judge Jones imposed
minimum sentences.
853
00:53:54,750 --> 00:53:57,125
Judge Jones
really believed
854
00:53:57,250 --> 00:53:59,333
that if you convicted
these people,
855
00:53:59,375 --> 00:54:01,375
some of them got fines,
856
00:54:01,500 --> 00:54:04,875
a few of them even served
a little jail time,
857
00:54:05,000 --> 00:54:07,083
that that would furnish
an example
858
00:54:07,125 --> 00:54:11,333
so that people who were doing
this would no longer do it.
859
00:54:11,375 --> 00:54:15,500
(narrator)
Pace also pleaded guilty
and was sentenced to prison.
860
00:54:15,583 --> 00:54:17,625
He remained free on appeal
861
00:54:17,750 --> 00:54:20,625
as his lawyers prepared
an outrageous argument.
862
00:54:20,750 --> 00:54:24,333
They said Pace was
not guilty of peonage,
863
00:54:24,375 --> 00:54:28,000
because his victims
did not owe him money.
864
00:54:28,125 --> 00:54:32,709
And while he may have been
guilty of slavery,
865
00:54:32,750 --> 00:54:36,458
in 1903 that was not a crime.
866
00:54:36,500 --> 00:54:40,500
(Pete Daniel)
It was a grayish area
because there was
867
00:54:40,583 --> 00:54:42,875
a Thirteenth Amendment
that abolished slavery,
868
00:54:42,959 --> 00:54:45,625
but there was never
a statute passed
869
00:54:45,709 --> 00:54:48,125
to make you guilty of slavery,
870
00:54:48,208 --> 00:54:51,625
of holding somebody in slavery
after the Civil War.
871
00:54:51,750 --> 00:54:55,625
(narrator)
Three months after the trial,
in September 1903,
872
00:54:55,750 --> 00:54:59,709
President Roosevelt granted
a pardon to the Cosbys.
873
00:54:59,750 --> 00:55:04,625
Three years later, in 1906,
he also pardoned John W. Pace.
874
00:55:04,750 --> 00:55:08,000
Pace never went to prison,
and the federal government
875
00:55:08,125 --> 00:55:11,375
turned a blind eye
to the forced laborers
876
00:55:11,458 --> 00:55:14,000
he continued
to hold on his farm.
877
00:55:14,125 --> 00:55:17,709
(Risa Goluboff)
The federal government
really pulls back
878
00:55:17,750 --> 00:55:21,000
from doing these cases
in a big way.
879
00:55:21,083 --> 00:55:27,125
There was a lack of will to do
what would be and proved to be
880
00:55:27,250 --> 00:55:30,875
very hard work of actually
uprooting the tremendous systems
881
00:55:30,959 --> 00:55:34,208
of involuntary servitude that
existed in the South.
882
00:55:34,250 --> 00:55:38,250
I don't think
the federal government
had that political will.
883
00:55:45,750 --> 00:55:48,750
(woman)
My uncle was named Henry Malone.
884
00:55:48,834 --> 00:55:51,083
He's my father's older brother.
885
00:55:51,125 --> 00:55:54,250
This story happened
somewhere around maybe 1910.
886
00:55:54,333 --> 00:55:57,458
Henry was then just a young man.
887
00:55:57,500 --> 00:56:02,083
Whatever it was that he did,
the local sheriff
888
00:56:02,125 --> 00:56:07,000
came to my grandfather's place
and they were looking for him,
889
00:56:07,125 --> 00:56:10,625
and my grandfather
got my Uncle Henry
890
00:56:10,750 --> 00:56:13,375
to come and turn himself in.
891
00:56:13,458 --> 00:56:17,750
He was sent away and he had to
serve a year and a day.
892
00:56:17,875 --> 00:56:21,000
We never got a chance to know
the stories of why
893
00:56:21,125 --> 00:56:24,875
or what may have happened to him
in that year and a day.
894
00:56:25,000 --> 00:56:27,583
For all of my life
and knowing my uncle,
895
00:56:27,625 --> 00:56:31,375
I don't think I ever saw him
smile or be a happy man.
896
00:56:47,583 --> 00:56:53,333
(narrator)
In 1908, two years after
the pardon of John Pace,
897
00:56:53,375 --> 00:56:56,500
another young man
would be trapped
898
00:56:56,583 --> 00:57:01,250
in the shadow of slavery:
22-year old Green Cottenham.
899
00:57:01,333 --> 00:57:04,625
(Douglas A. Blackmon)
The world he entered as a man,
900
00:57:04,750 --> 00:57:07,500
just as the 20th century
was beginning, was
901
00:57:07,583 --> 00:57:09,208
completely different
in which already
902
00:57:09,250 --> 00:57:12,333
every Southern state
had passed rafts of laws
903
00:57:12,375 --> 00:57:15,500
designed to circumscribe
the lives of African Americans
904
00:57:15,583 --> 00:57:18,834
to limit their ability to work
freely, to move freely,
905
00:57:18,875 --> 00:57:22,000
to make it almost impossible
for them to live
906
00:57:22,125 --> 00:57:24,458
in true independence
of the powerful whites,
907
00:57:24,500 --> 00:57:26,458
wherever it was that they lived.
908
00:57:26,500 --> 00:57:30,500
(narrator)
Green was arrested with others
909
00:57:30,583 --> 00:57:35,250
outside a train station
in Columbiana, Alabama.
910
00:57:35,375 --> 00:57:40,625
Within 24 hours, he'd been
convicted of vagrancy.
911
00:57:40,750 --> 00:57:46,333
He was sentenced to 3 months
hard labor, and $38 in fines.
912
00:57:46,375 --> 00:57:51,709
To pay the fine, the hard labor
was extended to 6 months.
913
00:57:51,750 --> 00:57:54,625
Green was sent
to the Pratt Mines,
914
00:57:54,750 --> 00:57:58,333
which paid the county
$12 a month for him.
915
00:57:58,375 --> 00:58:01,709
It's important for us
916
00:58:01,750 --> 00:58:05,375
to now go back and re-examine
that notion
917
00:58:05,500 --> 00:58:11,000
of what being a convict meant
at the turn of the century.
918
00:58:11,125 --> 00:58:14,125
Green Cottenham was just picked
up, charged with vagrancy,
919
00:58:14,250 --> 00:58:17,000
which is a crime
of no real import,
920
00:58:17,125 --> 00:58:19,458
but then thrown
into this prison system.
921
00:58:19,500 --> 00:58:23,375
Just because you put a label
on someone as a convict
922
00:58:23,458 --> 00:58:26,125
or whatever your label is,
that doesn't justify
923
00:58:26,208 --> 00:58:28,333
not treating them
like human beings.
924
00:58:31,333 --> 00:58:35,458
I'm the daughter
of Meddy Cottenham,
925
00:58:35,500 --> 00:58:39,583
the oldest daughter
of George Cottenham.
926
00:58:39,625 --> 00:58:42,083
I didn't know that people
could be
927
00:58:42,125 --> 00:58:44,583
just picked up and put in jail.
928
00:58:44,625 --> 00:58:46,959
They could be lost in the system
929
00:58:47,000 --> 00:58:49,458
and nobody knew
where to find them.
930
00:58:49,500 --> 00:58:52,375
They could be buried
at some grave somewhere
931
00:58:52,458 --> 00:58:56,583
and the family still looking for
them, don't know where they are.
932
00:58:56,625 --> 00:59:00,750
I didn't know that the sheriff
department could sell
933
00:59:00,834 --> 00:59:05,375
free black people to corporation
steel plants and coal mines.
934
00:59:05,458 --> 00:59:09,583
It wasn't in the history books;
we didn't know.
935
00:59:11,375 --> 00:59:16,750
(narrator)
Thirty years had passed, but
except for the electric lights,
936
00:59:16,875 --> 00:59:20,250
Ezekiel Archey would have
easily recognized
937
00:59:20,333 --> 00:59:23,625
the conditions Green Cottenham
now faced.
938
00:59:23,750 --> 00:59:27,000
Above ground though,
Birmingham was becoming
939
00:59:27,083 --> 00:59:29,625
the region's largest
industrial center.
940
00:59:29,750 --> 00:59:34,625
The mine that leased Green's
labor was now owned
941
00:59:34,750 --> 00:59:37,375
by the Northern-based
U.S. Steel--
942
00:59:37,500 --> 00:59:41,375
the largest corporation
in the world.
943
00:59:47,208 --> 00:59:50,208
[steam whistle blows]
944
00:59:50,250 --> 00:59:54,000
And a growing number
of African Americans,
945
00:59:54,125 --> 00:59:57,834
nearly 2 million
between 1910 and 1930,
946
00:59:57,875 --> 01:00:01,750
were moving out of the South.
947
01:00:01,875 --> 01:00:05,000
(Pete Daniel)
There were plenty of reasons
for black people
948
01:00:05,125 --> 01:00:07,875
to get the hell
out of the South.
949
01:00:07,959 --> 01:00:10,959
Having to put up
with the threat of lynching,
950
01:00:11,000 --> 01:00:12,959
with being grabbed
off the street
951
01:00:13,000 --> 01:00:15,625
and put in jail
and made to work,
952
01:00:15,750 --> 01:00:18,375
and every time
you walked down the street,
953
01:00:18,500 --> 01:00:21,500
you had to be
on your p's and q's
954
01:00:21,583 --> 01:00:23,125
so you wouldn't offend anybody.
955
01:00:23,250 --> 01:00:28,333
(narrator)
The North was erecting its own
barriers to black achievement.
956
01:00:28,375 --> 01:00:30,959
President Woodrow Wilson,
elected in 1912,
957
01:00:31,000 --> 01:00:32,375
mandated Southern-style
segregation
958
01:00:32,458 --> 01:00:34,000
throughout
the federal government.
959
01:00:34,125 --> 01:00:36,500
There's a kind of
gentleman's agreement
960
01:00:36,583 --> 01:00:38,500
that's emerging during
the Wilson administration
961
01:00:38,583 --> 01:00:42,375
that the federal government is
not only going to look away
962
01:00:42,458 --> 01:00:44,834
at the practices of the South,
963
01:00:44,875 --> 01:00:47,250
but it's going to adopt
those practices
964
01:00:47,333 --> 01:00:51,375
in relation to the ways in which
it organizes its own affairs.
965
01:00:51,500 --> 01:00:54,208
(narrator)
Nearly 400,000 African Americans
966
01:00:54,250 --> 01:00:58,500
fought for democracy
in World War One.
967
01:00:58,625 --> 01:01:01,834
They returned to unprecedented
racial hostility.
968
01:01:01,875 --> 01:01:06,500
(Bernard Kinsey)
It just gives you chills to
think that someone could go
969
01:01:06,625 --> 01:01:09,375
and fight for their
country and come back
970
01:01:09,458 --> 01:01:12,625
and have to fight
for their very life
971
01:01:12,709 --> 01:01:15,875
because of one thing, because
they are African American.
972
01:01:15,959 --> 01:01:20,000
(narrator)
A new generation of civil rights
organizations had emerged.
973
01:01:20,125 --> 01:01:22,500
Among them was
the National Association
974
01:01:22,625 --> 01:01:26,250
for the Advancement of Colored
People, founded in 1909
975
01:01:26,333 --> 01:01:30,625
by a group of activists,
including W.E.B. Du Bois.
976
01:01:30,709 --> 01:01:36,208
"We claim for ourselves every
single right that belongs
977
01:01:36,250 --> 01:01:39,375
to a freeborn American,
political,
978
01:01:39,500 --> 01:01:43,000
civil and social,"
Du Bois wrote.
979
01:01:43,125 --> 01:01:47,458
"And until we get these rights
we will never cease to protest
980
01:01:47,500 --> 01:01:50,000
and to assail
the ears of America.
981
01:01:50,125 --> 01:01:52,250
This battle we wage is
982
01:01:52,333 --> 01:01:55,250
not for ourselves
but for all Americans."
983
01:01:55,375 --> 01:01:59,875
W. B. Du Bois is very clear
984
01:02:00,000 --> 01:02:04,458
that the ways in which
Jim Crow Laws,
985
01:02:04,500 --> 01:02:08,500
violence in the form of
lynching, disenfranchisement,
986
01:02:08,583 --> 01:02:11,959
and overall discrediting,
disrespect
987
01:02:12,000 --> 01:02:13,834
of black people's
basic humanity,
988
01:02:13,875 --> 01:02:16,375
is something that has to be seen
989
01:02:16,500 --> 01:02:19,375
as a force that holds
black people down.
990
01:02:19,500 --> 01:02:24,083
(David Levering Lewis)
This paradigm, the NAACP's was,
991
01:02:24,125 --> 01:02:28,125
there can be no negotiation
for civil liberties;
992
01:02:28,208 --> 01:02:31,709
they must exist totally,
fully, and immediately,
993
01:02:31,750 --> 01:02:36,333
more than a new narrative
and a new voice,
994
01:02:36,375 --> 01:02:40,458
it also fielded a degree
of litigious activism.
995
01:02:40,500 --> 01:02:43,625
They are saying that there needs
to be anti-lynching law.
996
01:02:43,709 --> 01:02:47,834
They are saying
that there needs to be
reform of the justice system.
997
01:02:47,875 --> 01:02:50,625
They are saying that labor laws
and labor arrangements
998
01:02:50,750 --> 01:02:52,959
need to be reformed
within the South.
999
01:02:53,000 --> 01:02:58,125
And they're
becoming increasingly effective
in terms of doing that.
1000
01:02:58,250 --> 01:03:02,875
(narrator)
By 1908, the year
Green Cottenham was arrested,
1001
01:03:02,959 --> 01:03:07,208
the South's use
of prison labor was changing.
1002
01:03:07,250 --> 01:03:10,125
County governments
continued to profit
1003
01:03:10,250 --> 01:03:13,083
from renting convicts
to private industry.
1004
01:03:13,125 --> 01:03:18,875
But growing numbers of states,
in what was billed as reform,
1005
01:03:19,000 --> 01:03:22,625
began to use prisoners
on state-run enterprises.
1006
01:03:22,750 --> 01:03:27,500
Chained together,
prisoners on road crews
1007
01:03:27,625 --> 01:03:32,375
became an icon
of the modernizing South.
1008
01:03:32,500 --> 01:03:34,750
Perversely, one of the biggest
motivating factors
1009
01:03:34,834 --> 01:03:37,250
behind the creation
of the chain gangs
1010
01:03:37,333 --> 01:03:39,583
were that Southerners
all across the region
1011
01:03:39,625 --> 01:03:42,834
were frustrated
that the roads of the South
1012
01:03:42,875 --> 01:03:45,583
were the most terrible
imaginable roads in America.
1013
01:03:45,625 --> 01:03:47,709
The economy couldn't
grow effectively,
1014
01:03:47,750 --> 01:03:50,875
crops were
lost in the fields,
1015
01:03:50,959 --> 01:03:53,875
simply because the roads
were so terrible.
1016
01:03:54,000 --> 01:03:57,000
The conditions for chain gang
prisoners were
1017
01:03:57,083 --> 01:04:01,000
equally horrific as they were
for convict leased prisoners.
1018
01:04:01,125 --> 01:04:04,583
They were subject
to the same modes of brutality,
1019
01:04:04,625 --> 01:04:08,375
the same beatings, the same
standards of meager health care,
1020
01:04:08,500 --> 01:04:11,875
meager forms of shelter,
clothing, food.
1021
01:04:15,750 --> 01:04:20,250
(narrator)
Chain gangs continued deep
into the 20th century,
1022
01:04:20,375 --> 01:04:23,875
along with other forms
of forced labor,
1023
01:04:23,959 --> 01:04:26,375
including debt peonage
and sharecropping.
1024
01:04:26,458 --> 01:04:28,875
(Mary Ellen Curtin)
A sharecropper will agree
1025
01:04:29,000 --> 01:04:31,750
to work for a percentage
of the proceeds
1026
01:04:31,875 --> 01:04:34,375
of the sale of the cotton crop.
1027
01:04:34,458 --> 01:04:37,375
Sharecroppers had to take out
loans in order to survive
1028
01:04:37,458 --> 01:04:40,625
and in order to bring
the crop in during the year.
1029
01:04:40,709 --> 01:04:43,959
(Adam Green)
50%, 70%, 90% interest rates
were not uncommon
1030
01:04:44,000 --> 01:04:46,959
all throughout the South in
relation to
1031
01:04:47,000 --> 01:04:49,583
sharecropping finance
of the basic necessities
1032
01:04:49,625 --> 01:04:52,583
that they needed
to get through the year.
1033
01:04:52,625 --> 01:04:55,625
So that system is going
to put African Americans
1034
01:04:55,709 --> 01:04:57,625
in a position where
upward mobility
1035
01:04:57,750 --> 01:05:00,000
is essentially impossible
for most of them.
1036
01:05:00,083 --> 01:05:03,000
(narrator)
Sharecropping also engulfed
1037
01:05:03,083 --> 01:05:07,375
growing numbers of whites,
including immigrants.
1038
01:05:07,500 --> 01:05:10,875
But without legal
or political rights,
1039
01:05:11,000 --> 01:05:13,834
black sharecroppers were
especially vulnerable.
1040
01:05:13,875 --> 01:05:17,750
Millions of black people
in remote parts of the South
1041
01:05:17,834 --> 01:05:21,625
could not leave the farms
they were being held on.
1042
01:05:21,750 --> 01:05:26,000
If they did, they were subject
to arrest by the sheriff,
1043
01:05:26,083 --> 01:05:29,625
and if they were arrested,
they would then be
1044
01:05:29,709 --> 01:05:32,250
returned to the very same farms,
1045
01:05:32,375 --> 01:05:34,333
oftentimes in chains,
receiving nothing.
1046
01:05:34,375 --> 01:05:39,000
Sharecropping is not slavery,
but it did become,
1047
01:05:39,083 --> 01:05:43,500
for an enormous population
of people, forced labor.
1048
01:05:43,625 --> 01:05:46,625
(Sharon Malone)
Families stayed intact,
probably within
1049
01:05:46,750 --> 01:05:51,125
a two mile radius
of where they were born.
1050
01:05:51,208 --> 01:05:54,125
Mothers, fathers, cousins,
grandparents, everybody stayed.
1051
01:05:54,208 --> 01:05:58,083
If you knew by the mere fact
of leaving,
1052
01:05:58,125 --> 01:06:00,375
exposed you to the danger
1053
01:06:00,458 --> 01:06:05,208
of being caught up in this
system, it made you stay.
1054
01:06:05,250 --> 01:06:09,125
You knew what would happen
if you stepped off.
1055
01:06:16,250 --> 01:06:19,500
(woman)
I grew up
in Monticello, Georgia,
1056
01:06:19,625 --> 01:06:24,625
which is a small town
about 90 miles south of Atlanta.
1057
01:06:24,750 --> 01:06:30,208
My paternal grandmother was the
daughter of John S. Williams.
1058
01:06:30,250 --> 01:06:32,583
He died long before I was born.
1059
01:06:32,625 --> 01:06:35,625
But I heard from my uncles,
from my father,
1060
01:06:35,709 --> 01:06:39,333
from people who knew him,
that he was a wonderful man.
1061
01:06:39,375 --> 01:06:40,875
He was
well-respected
1062
01:06:40,959 --> 01:06:42,500
in the community.
1063
01:06:42,625 --> 01:06:47,208
(narrator)
In 1921, almost 18 years
after the peonage trials,
1064
01:06:47,250 --> 01:06:50,083
federal investigators
visited the Williams farm
1065
01:06:50,125 --> 01:06:54,875
to follow up on reports
that he was holding peons.
1066
01:06:55,000 --> 01:06:58,709
There's a group of black men
out in the field.
1067
01:06:58,750 --> 01:07:00,959
The men are obviously terrified,
1068
01:07:01,000 --> 01:07:02,750
unwilling to say
almost anything.
1069
01:07:02,875 --> 01:07:05,750
They're emaciated; they clearly
have been terrible abused.
1070
01:07:05,875 --> 01:07:07,458
John Williams suddenly appears.
1071
01:07:07,500 --> 01:07:11,500
He pleads that he didn't know
this was against the law,
1072
01:07:11,625 --> 01:07:14,500
that he'll do better,
his intentions were good,
1073
01:07:14,625 --> 01:07:18,625
very apologetic to these federal
officials, and they leave.
1074
01:07:18,709 --> 01:07:22,000
And he doesn't know
what they're going to do.
1075
01:07:22,083 --> 01:07:23,834
He knows they found evidence
1076
01:07:23,875 --> 01:07:26,875
that he was holding these people
in slavery.
1077
01:07:26,959 --> 01:07:30,250
He talks to his foreman,
Clyde Manning and says,
1078
01:07:30,333 --> 01:07:32,083
as the court transcript said,
1079
01:07:32,125 --> 01:07:35,083
"We've got to do away
with these boys."
1080
01:07:35,125 --> 01:07:39,625
The family story was that he had
worked prisoners on his farm,
1081
01:07:39,709 --> 01:07:43,083
that they were hardened
criminals and they had been
1082
01:07:43,125 --> 01:07:46,083
put in the penitentiary
for a long time.
1083
01:07:46,125 --> 01:07:50,583
And one night, a lot of the
prisoners tried to escape.
1084
01:07:50,625 --> 01:07:55,583
And he, along with other farmers
who were working these men,
1085
01:07:55,625 --> 01:08:00,208
tracked them down and in the
process of recapturing them,
1086
01:08:00,250 --> 01:08:01,959
killed some of them.
1087
01:08:02,000 --> 01:08:05,834
Then sometime later, the story
came to light for me.
1088
01:08:05,875 --> 01:08:08,458
It was, of course,
totally different
1089
01:08:08,500 --> 01:08:11,125
from the story that I had heard.
1090
01:08:11,250 --> 01:08:13,834
(narrator)
Williams and Manning,
the black foreman,
1091
01:08:13,875 --> 01:08:17,625
systematically hunted and
murdered 11 black workers.
1092
01:08:17,667 --> 01:08:22,500
Some were bludgeoned; others
were weighted down with chains
1093
01:08:22,542 --> 01:08:25,792
and forced into a nearby river.
1094
01:08:25,917 --> 01:08:30,041
Another was made
to dig his own grave.
1095
01:08:30,125 --> 01:08:34,500
They did it in the most horrific
ways that you can imagine,
1096
01:08:34,542 --> 01:08:37,542
[with much emotion]
that I really can't talk about.
1097
01:08:37,667 --> 01:08:40,375
I get, I get, I just get um,
1098
01:08:40,417 --> 01:08:43,041
so emotional
when I think about--
1099
01:08:43,125 --> 01:08:47,125
not just the fact
that these men were murdered,
1100
01:08:47,166 --> 01:08:52,375
but the cruelty with which
it was carried out.
1101
01:08:52,417 --> 01:08:56,375
Um, that's what hardest for me
1102
01:08:56,417 --> 01:08:59,792
to imagine
and hardest to accept.
1103
01:09:01,917 --> 01:09:05,542
It came to light only because
a little boy was fishing
1104
01:09:05,625 --> 01:09:09,250
down by the creek where they'd
thrown some of the bodies,
1105
01:09:09,291 --> 01:09:11,542
and one of the bodies came up.
1106
01:09:11,667 --> 01:09:15,667
(narrator)
In the spring of 1921,
Williams and Manning
1107
01:09:15,750 --> 01:09:20,041
each faced an all-white jury,
in a Georgia state court.
1108
01:09:20,125 --> 01:09:24,041
Both were found guilty
and given life sentences.
1109
01:09:24,125 --> 01:09:27,917
Within a decade,
both had died in prison.
1110
01:09:28,000 --> 01:09:32,917
Williams was the first
Southern white man since 1877
1111
01:09:33,000 --> 01:09:36,667
to be indicted
for the first-degree murder
1112
01:09:36,792 --> 01:09:42,792
of an African American; it would
not happen again until 1966.
1113
01:09:45,542 --> 01:09:50,166
The following year,
an expose of peonage in Florida
1114
01:09:50,291 --> 01:09:52,875
inflamed readers,
because the victim,
1115
01:09:52,917 --> 01:09:55,500
22-year-old Martin Tabert,
was white.
1116
01:09:55,542 --> 01:09:58,792
A traveler from North Dakota,
Tabert was picked up
1117
01:09:58,875 --> 01:10:02,041
in a sweep in rural Florida,
charged with vagrancy,
1118
01:10:02,166 --> 01:10:04,625
and sold to a lumber company.
1119
01:10:04,667 --> 01:10:08,250
He died soon after at the hands
of a brutal overseer.
1120
01:10:08,291 --> 01:10:13,291
(Douglas A. Blackmon)
First he whipped him on
his bare back, 30 or 40 times.
1121
01:10:13,375 --> 01:10:17,417
Tabert then kept lying there, so
the boss continued to whip him,
1122
01:10:17,500 --> 01:10:20,667
another 30 or 40 times
with a heavy leather lash.
1123
01:10:20,792 --> 01:10:24,667
Tabert crawled to his feet
and the guard began
1124
01:10:24,750 --> 01:10:28,917
pursuing him through the camp,
whipping him as they ran.
1125
01:10:29,041 --> 01:10:32,500
Finally, after almost
150 lashes, Tabert made it
1126
01:10:32,542 --> 01:10:36,291
back to the cot that he had
in a simple cabin somewhere,
1127
01:10:36,417 --> 01:10:39,250
collapsed into his bed
and never stood up again.
1128
01:10:39,291 --> 01:10:41,750
(narrator)
The outcry over Tabert's death
1129
01:10:41,792 --> 01:10:45,250
helped to end state leasing
in Florida.
1130
01:10:45,291 --> 01:10:49,500
Shortly after, in 1928,
a similar case led Alabama
1131
01:10:49,542 --> 01:10:53,792
to remove its last prisoners
from the coal mines.
1132
01:10:53,875 --> 01:10:56,917
But these changes
had little impact.
1133
01:10:57,000 --> 01:11:01,417
As late as 1930, roughly half
of all African Americans,
1134
01:11:01,542 --> 01:11:03,291
or 4.8 million people
1135
01:11:03,375 --> 01:11:07,792
still lived in the Black Belt
region of the South.
1136
01:11:07,917 --> 01:11:10,792
The vast majority were
almost certainly trapped
1137
01:11:10,917 --> 01:11:14,375
in some form of exploitative
labor arrangement.
1138
01:11:14,417 --> 01:11:18,000
For those African Americans
who remained in the South
1139
01:11:18,041 --> 01:11:21,291
through the 1920's,
1930's, 1940's even,
1140
01:11:21,375 --> 01:11:24,291
the conditions that they're
facing are often desperate,
1141
01:11:24,375 --> 01:11:27,291
and they find themselves
more and more vulnerable
1142
01:11:27,375 --> 01:11:31,792
if they try to rise up
and create some sense of protest
1143
01:11:31,875 --> 01:11:35,417
against the conditions
that they face.
1144
01:11:38,875 --> 01:11:43,041
(narrator)
In the fall of 1932,
the United States
1145
01:11:43,125 --> 01:11:45,291
underwent
a profound political change,
1146
01:11:45,417 --> 01:11:49,875
marked by the election
of a new president,
1147
01:11:49,917 --> 01:11:54,500
Franklin Delano Roosevelt,
a distant cousin of Theodore.
1148
01:11:54,542 --> 01:11:57,000
Much as Teddy Roosevelt was seen
1149
01:11:57,041 --> 01:12:00,750
as something of an advocate
for African Americans,
1150
01:12:00,792 --> 01:12:04,166
Franklin Delano Roosevelt
was a hundred times that.
1151
01:12:04,291 --> 01:12:07,667
African Americans are
becoming an ever-increasingly
1152
01:12:07,792 --> 01:12:11,875
important part of the democratic
political coalition.
1153
01:12:11,917 --> 01:12:14,375
More African American's
are moving North,
1154
01:12:14,417 --> 01:12:17,291
they're joining unions,
they're joining the NAACP
1155
01:12:17,375 --> 01:12:19,166
in unprecedented numbers.
1156
01:12:19,250 --> 01:12:22,250
(Adam Green)
African Americans who are
involved in unions,
1157
01:12:22,291 --> 01:12:24,542
members of churches,
and African Americans
1158
01:12:24,625 --> 01:12:26,792
who are publishing
newspapers and magazines
1159
01:12:26,875 --> 01:12:30,542
are all finding ways to bring
their influence to bear
1160
01:12:30,667 --> 01:12:34,250
on the federal government
and saying do your job!
1161
01:12:34,291 --> 01:12:36,417
We're talking about
constitutional rights here.
1162
01:12:36,542 --> 01:12:39,875
We're talking about citizens
who are being abused here.
1163
01:12:39,917 --> 01:12:42,875
Do your job
or don't expect our support.
1164
01:12:47,792 --> 01:12:51,667
[airplane engines roar;
loud explosions]
1165
01:12:54,250 --> 01:12:59,875
(narrator)
In December 1941, the Japanese
bombing of Pearl Harbor
1166
01:12:59,917 --> 01:13:05,041
brought the United States
into the Second World War.
1167
01:13:05,166 --> 01:13:07,417
[loud explosions]
1168
01:13:07,542 --> 01:13:10,750
(Douglas A. Blackmon)
President Roosevelt convened
a meeting of the Cabinet
1169
01:13:10,792 --> 01:13:12,792
at the White House
to discuss preparations
1170
01:13:12,875 --> 01:13:15,250
to fight this war
against Japan and Germany.
1171
01:13:15,291 --> 01:13:17,000
The president asked
what are the things
1172
01:13:17,041 --> 01:13:19,417
that the Japanese are
going to attack us for
1173
01:13:19,500 --> 01:13:21,750
in the course of the war,
that are problematic?
1174
01:13:21,792 --> 01:13:24,291
Someone said
the treatment of the Negro.
1175
01:13:24,417 --> 01:13:27,250
(narrator)
Months earlier,
the Department of Justice
1176
01:13:27,291 --> 01:13:30,166
had established
a civil rights section,
1177
01:13:30,291 --> 01:13:34,291
but its focus was on labor
issues, not racial equality.
1178
01:13:34,375 --> 01:13:38,917
Now, the president asked his
attorney general if this unit
1179
01:13:39,000 --> 01:13:43,542
might be used to demonstrate
a commitment to racial change.
1180
01:13:43,625 --> 01:13:46,166
And what stands
at the intersection
1181
01:13:46,291 --> 01:13:48,875
of African American rights
and labor rights?
1182
01:13:48,917 --> 01:13:51,417
Peonage
and involuntary servitude.
1183
01:13:51,542 --> 01:13:55,166
They can't
just attack segregation head on
during World War II,
1184
01:13:55,250 --> 01:13:57,625
because they still need
the white Southerners
1185
01:13:57,667 --> 01:14:00,000
who are part
of the democratic coalition.
1186
01:14:00,041 --> 01:14:04,542
But they did sincerely believe
that these peonage cases
1187
01:14:04,625 --> 01:14:08,500
were pretty bad
and they required a response.
1188
01:14:08,542 --> 01:14:14,750
(woman)
"Mrs. Roosevelt, I am a colored
mother and I need your help."
1189
01:14:14,792 --> 01:14:17,792
(narrator)
In the decades
since the Pace trial,
1190
01:14:17,917 --> 01:14:20,542
the federal government had paid
little attention
1191
01:14:20,625 --> 01:14:23,667
to the continued complaints
of forced labor
1192
01:14:23,750 --> 01:14:25,625
sent to the White House,
1193
01:14:25,667 --> 01:14:28,667
the Department of Justice,
and the NAACP.
1194
01:14:28,750 --> 01:14:30,667
(woman)
"My boy answered
an advertisement
1195
01:14:30,750 --> 01:14:33,041
in our Post Paper for a job.
1196
01:14:33,125 --> 01:14:36,166
They are being guarded
all night by armed guards
1197
01:14:36,291 --> 01:14:38,166
and not allowed to write home.
1198
01:14:38,291 --> 01:14:41,166
Please don't send
this letter back,
1199
01:14:41,291 --> 01:14:44,166
because I'm afraid
if they find out
1200
01:14:44,291 --> 01:14:48,542
I've written to you, they'll
kill my boy. Viola Cosley."
1201
01:14:49,792 --> 01:14:51,792
Nearly 80 years had passed
1202
01:14:51,917 --> 01:14:53,792
since the United States ratified
1203
01:14:53,917 --> 01:14:56,792
the Thirteenth Amendment
to the U.S. Constitution.
1204
01:14:59,542 --> 01:15:02,166
Now, in December 1941,
1205
01:15:02,291 --> 01:15:07,041
President Roosevelt took steps
to finally enforce it.
1206
01:15:07,166 --> 01:15:11,417
Just five days
after Pearl Harbor,
1207
01:15:11,500 --> 01:15:15,667
Roosevelt's attorney general
issued Circular 3591.
1208
01:15:15,792 --> 01:15:20,166
It said that federal attorneys
were to aggressively prosecute
1209
01:15:20,291 --> 01:15:23,750
any case of involuntary
servitude or slavery,
1210
01:15:23,792 --> 01:15:26,667
not only
those defined as peonage.
1211
01:15:26,792 --> 01:15:29,875
(Risa Goluboff)
He says, whether
they're being held there
1212
01:15:29,917 --> 01:15:33,041
because of a threat of
imprisonment or out of violence,
1213
01:15:33,166 --> 01:15:36,166
whatever the mechanism is that
is holding people in slavery,
1214
01:15:36,250 --> 01:15:38,792
you should go after it.
1215
01:15:38,875 --> 01:15:42,417
And he says this is
part of the war effort.
1216
01:15:42,542 --> 01:15:46,166
These cases are important
because we need to make sure
1217
01:15:46,291 --> 01:15:48,291
that African Americans feel like
1218
01:15:48,375 --> 01:15:50,917
their rights
are being taken care of.
1219
01:15:51,000 --> 01:15:54,166
(Douglas A. Blackmon)
And within months, there was
a prosecution underway
1220
01:15:54,250 --> 01:15:56,917
of a man in Texas
who had been holding
1221
01:15:57,000 --> 01:16:00,125
an African American worker
as a slave for almost 15 years.
1222
01:16:00,166 --> 01:16:03,166
He was convicted
by a federal jury in 1942
1223
01:16:03,250 --> 01:16:04,917
and went to federal prison.
1224
01:16:05,000 --> 01:16:08,500
I mark that as the technical
end of slavery in America.
1225
01:16:08,542 --> 01:16:12,041
(narrator)
The records are incomplete,
but it's estimated
1226
01:16:12,166 --> 01:16:16,166
that in the 80 years
following the Civil War,
1227
01:16:16,250 --> 01:16:18,917
as many as 800,000 people
1228
01:16:19,041 --> 01:16:23,000
had faced the South's
corrupt system of justice.
1229
01:16:23,041 --> 01:16:25,625
Huge numbers of those arrested
1230
01:16:25,667 --> 01:16:28,625
were forced
into involuntary servitude.
1231
01:16:28,667 --> 01:16:34,291
Some, including Viola Cosley's
son, Marion, found freedom.
1232
01:16:34,375 --> 01:16:37,625
On January 7, 1943,
1233
01:16:37,667 --> 01:16:41,166
he enlisted
as a private in the U.S. Army,
1234
01:16:41,291 --> 01:16:44,542
one of more than 2.5 million
African Americans
1235
01:16:44,625 --> 01:16:49,250
who registered for service
during the Second World War.
1236
01:16:55,166 --> 01:16:57,792
Green Cottenham,
arrested in 1908,
1237
01:16:57,917 --> 01:17:02,291
might have served
in the First World War,
1238
01:17:02,375 --> 01:17:07,166
But by the Second World War,
he would have been in his 50s.
1239
01:17:07,250 --> 01:17:12,375
But Green never made it out of
the Birmingham prison mines.
1240
01:17:12,417 --> 01:17:15,667
(Douglas A. Blackmon)
We don't know the exact details
1241
01:17:15,792 --> 01:17:19,667
of the life that he led
in the stockade or underground.
1242
01:17:19,792 --> 01:17:22,542
But he survived 5 months
before becoming ill.
1243
01:17:22,667 --> 01:17:26,542
He went to see the doctor
on August the second, 1908
1244
01:17:26,625 --> 01:17:29,041
and never went back to the mine.
1245
01:17:29,125 --> 01:17:32,417
(narrator)
Thirteen days later,
Green Cottenham died.
1246
01:17:32,500 --> 01:17:35,917
He is among more than
9,000 prisoners
1247
01:17:36,000 --> 01:17:40,291
known to have died
while leased to industry
1248
01:17:40,417 --> 01:17:43,291
by Southern states and counties.
1249
01:17:43,375 --> 01:17:47,166
(Tonya Groomes)
We want to think of
some of these atrocities
1250
01:17:47,250 --> 01:17:48,875
as things that happened
occasionally,
1251
01:17:48,917 --> 01:17:51,125
but you can imagine the turmoil
1252
01:17:51,166 --> 01:17:53,417
if at any time
your child
1253
01:17:53,500 --> 01:17:56,417
could be
picked up, never
to be seen again.
1254
01:17:56,500 --> 01:18:01,375
How that would impact
a whole segment of people,
1255
01:18:01,417 --> 01:18:05,875
how they view their
opportunities and their future.
1256
01:18:05,917 --> 01:18:09,792
(narrator)
In all likelihood
his body was dumped
1257
01:18:09,875 --> 01:18:13,375
somewhere in these fields
outside the mine,
1258
01:18:13,417 --> 01:18:17,750
where hundreds of other
prisoners also lie buried.
1259
01:18:17,792 --> 01:18:23,291
(Tonya Groomes)
This was real; these were real
people, these were real lives,
1260
01:18:23,417 --> 01:18:26,375
and they make us who we are.
1261
01:18:26,417 --> 01:18:28,625
What's fascinating
about Green Cottenham
1262
01:18:28,667 --> 01:18:31,625
is the fact
that he isn't special.
1263
01:18:31,667 --> 01:18:36,125
He's not well-known, he's not a
historical figure of importance,
1264
01:18:36,166 --> 01:18:38,917
but that's part of the beauty.
1265
01:18:39,000 --> 01:18:43,417
He is representative of all of
these nameless, faceless people
1266
01:18:43,542 --> 01:18:45,625
who disappeared
during this time frame,
1267
01:18:45,667 --> 01:18:49,250
who were deemed to be
of no value.
1268
01:18:49,291 --> 01:18:53,500
And then you realize
that the value isn't in being
1269
01:18:53,542 --> 01:18:56,542
necessarily important; we
all have interesting stories,
1270
01:18:56,667 --> 01:19:00,917
we all have
a life story worth telling.
1271
01:19:15,000 --> 01:19:17,917
(Douglas A. Blackmon)
At the end of the Civil War,
1272
01:19:18,041 --> 01:19:20,625
there were
4 million freed slaves
1273
01:19:20,667 --> 01:19:22,792
who lived in absolute poverty,
1274
01:19:22,875 --> 01:19:25,000
uneducated,
little access to opportunity.
1275
01:19:25,041 --> 01:19:28,291
We also know
that there were an equal number
1276
01:19:28,417 --> 01:19:32,291
of white Americans in the South,
like members of my family,
1277
01:19:32,375 --> 01:19:34,792
my ancestors, who were also
impoverished, illiterate,
1278
01:19:34,917 --> 01:19:37,166
no access to opportunity.
1279
01:19:37,250 --> 01:19:39,542
Over the next 75 years,
1280
01:19:39,625 --> 01:19:42,291
American society performed
a miracle of sorts.
1281
01:19:42,417 --> 01:19:46,166
Those 4 million whites
living in those conditions
1282
01:19:46,291 --> 01:19:48,625
became 40 million
middle-class Americans
1283
01:19:48,667 --> 01:19:51,041
by the beginning
of World War II.
1284
01:19:51,125 --> 01:19:52,792
That's what made American
society
1285
01:19:52,875 --> 01:19:55,125
the extraordinary superpower
that it is today.
1286
01:19:55,166 --> 01:19:58,291
All of that though,
was done in a way
1287
01:19:58,375 --> 01:19:59,917
that excluded African Americans,
1288
01:20:00,000 --> 01:20:02,375
brutalized African Americans
at the same time.
1289
01:20:02,417 --> 01:20:08,000
(Susan Burnore)
When you see how people's lives
were truly stolen from them,
1290
01:20:08,041 --> 01:20:10,375
their freedom was taken away,
1291
01:20:10,417 --> 01:20:13,750
their fathers or husbands
were taken away,
1292
01:20:13,792 --> 01:20:17,667
you can understand how the
difficulties and the disparities
1293
01:20:17,750 --> 01:20:20,250
would persist for much longer
1294
01:20:20,291 --> 01:20:23,417
than it seems
that they should have.
1295
01:20:23,500 --> 01:20:26,917
(Adam Green)
Without the appreciation
of this history,
1296
01:20:27,000 --> 01:20:30,417
you descend into fantasies
that black people
1297
01:20:30,500 --> 01:20:33,917
don't deserve equal rights
because black people
1298
01:20:34,000 --> 01:20:37,500
constitutionally,
intellectually, morally,
1299
01:20:37,542 --> 01:20:40,417
are not the equals of whites--
period.
1300
01:20:40,500 --> 01:20:46,542
(Khalil Muhammad)
We have to recognize that
in these awful ghastly tales
1301
01:20:46,667 --> 01:20:51,542
of the brutalization of
black people in this country,
1302
01:20:51,667 --> 01:20:54,667
the motivation for that
was profit,
1303
01:20:54,792 --> 01:20:57,750
from small landowners
to major corporations.
1304
01:20:57,792 --> 01:21:01,291
And so at the end of the day,
1305
01:21:01,375 --> 01:21:05,166
that part of this country's
legacy is still with us.
1306
01:21:08,166 --> 01:21:10,792
(Tonya Groomes)
When I think
about Green Cottenham
1307
01:21:10,875 --> 01:21:12,875
and what he went through,
1308
01:21:12,917 --> 01:21:15,917
I think about a quote
that comes to mind.
1309
01:21:16,000 --> 01:21:19,291
It says something like,
"The arc of history is long,
1310
01:21:19,375 --> 01:21:20,917
but it bends towards justice."
1311
01:21:21,041 --> 01:21:22,875
And even though Green Cottenham
1312
01:21:22,917 --> 01:21:25,417
didn't get justice in his day,
1313
01:21:25,500 --> 01:21:29,917
and that so many thousands of
people who were just like Green
1314
01:21:30,000 --> 01:21:32,417
didn't get their justice,
maybe now,
1315
01:21:32,542 --> 01:21:35,625
through the telling of
this reality and this history,
1316
01:21:35,667 --> 01:21:40,417
these individuals can receive
some measure of justice.
1317
01:21:40,542 --> 01:21:43,750
[orchestra plays softly]
1318
01:22:00,542 --> 01:22:06,166
♪
106797
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