Assemblymember Lori D Wilson, 11th Assembly District
Background
History of Slavery in California
The legacy of slavery and forced labor runs deep in
California’s history, from the exploitation of Indigenous people in Spanish missions to Black people who were
enslaved and forced to mine for gold. This legacy goes as far back as the first iteration of the California State Constitution, introduced in 1849, that stated: “ Neither slavery, nor involuntary servitude, unless for the
punishment of crimes, shall ever be tolerated in this State” (Article I, Sec. 18). The following year, the racist Indian Indenture Act criminalized everyday behavior in CA,
allowing any white man who “found” an “Indian”
loitering, unemployed, frequenting public places where
liquor was sold, begging, or leading an “immoral” life to take that charge before a judge. The judge would then
order the Indian seized and sold at public auctions
(Provision 20).
In 1850, the federal Fugitive Slave Act required
governments and any white person to recapture people
who escaped from slave-holding jurisdictions – meaning
any person brought to California before statehood as a
slave would legally remain a slave. California
additionally passed its own Fugitive Labor Act in 1852, essentially suspending the state constitution’s anti-
slavery clause, allowing free Blacks to be re-enslaved.
In 1855, the Greaser Act legalized the arrest of
individuals with "Spanish and Indian blood" who were
perceived as violating California’s anti-vagrancy statute.
Although CA joined the Union as a “free state,” a slave market flourished here from 1850 to 1870. While slave
trafficking faded out in the 1870s, it was tragically in large part due to the genocide of Native Americans.
In 1865, Congress passed the 13th Amendment, which
ended chattel slavery nationwide but allowed slavery to exist in other forms. This slavery “exception clause”
remains in both the U.S. Constitution and our State
Constitution.
Modern-Day Slavery in California
Slavery did not end after the Civil War. Continuing
through the early 1940s, African Americans were
“leased out” to plantation owners and manufacturers as
cheap labor. This leasing system was replaced by “chain
gangs” – a dehumanizing practice of chaining together
incarcerated people to perform manual labor – that many states including California profited from.
The practice of forced prison labor and remnants of
slavery are embedded throughout California’s system of
incarceration today. Although no courts explicitly order forced labor at criminal sentencing, finding authority in the constitution, it is standard practice to force
incarcerated people to perform labor, often in dangerous conditions, against their will.
More than 95,000 Californians are currently incarcerated in our state prison system with significant racial
disparities. African Americans account for 28% of the
prison population but are less than 6% of California’s
overall population. In addition, the lifetime chances of a person going to prison are higher for Blacks (16.2%) and Latinos (9.4%) than for whites (2.5%).
At the beginning of the COVID-19 pandemic in 2020,
the State leaned on incarcerated workers to produce
hand sanitizer, soaps, and masks. Incarcerated people
were not allowed to use the products they made to keep
themselves safe. Any concerns raised about endangering
their own health and their lives were met with threats of harsh punishment. In fact, incarcerated people have long faced cruel treatment for any work absences: physical
violence, solitary confinement, denial of phone calls and family visits, and limiting participation in self-help
groups, and disciplinary write-ups that result in longer prison terms. Such punishments, or threats of such
punishments, are often issued even when absences are
due to illness or injuries sustained through the work.
Furthermore, research illustrates the well-documented
psychological and emotional trauma laid by the hands of modern-day slavery and forced labor. Survivors of
modern slavery experience post-traumatic stress
disorder, lack of autonomy, and diminished sense of
self.
Dissolving the remnants of slavery and racial inequity is more important now than ever before. California is only 1 of 16 states that still allows legalized constitutional slavery – and it lags behind other states in removing
slavery from its state constitution. In 2022, Alabama,
ACA 8 – End Slavery in California Act Updated: 3.15.23 Coauthors: Assemblymembers Bonta, Bryan, W. Carillo, Connolly, Gipson, Haney, Jackson, Kalra, Low, McCarty, McKinnor, Ortega, Papan, B. Rubio, Santiago, Ting, Weber, Wiener, M. Fong, Alvarez and Senators Bradford, Dodd, Durazo, Skinner, Smallwood-Cuevas, Wiener
Oregon, Tennessee, and Vermont joined other states that had recently passed state constitutional amendments
prohibiting both slavery and involuntary servitude
(Nebraska and Utah in 2020; Colorado in 2018). In
2020, U.S. Senator Merkley (OR) introduced a
resolution to remove involuntary servitude as a
punishment for crime from the U.S. Constitution.
Solution
The End Slavery in CA Act would allow Californians the
opportunity to vote to amend Article 1, Section 6 of the State Constitution to prohibit slavery and involuntary
servitude without exception.
For more inf ormation contact: Erik Turner , Interim
Legislative Director , [email protected] or (916)
319-2011
Co-Sponsors
● The 10P Program
● A New Way of Life
● Abolish Slavery National Network
● ACLU California Action
● Aging People in Prison Human Rights Campaign
● All of Us or None
● Anti-Recidivism Coalition
● Anti-Violence Safety and Accountability Project
● ASCRIBE
● Asian Prisoner Support Committee
● California Lawyers for the Arts
● Coalition for a Just and Equitable California
● Communities United for Restorative Youth Justice
● EDIFYE
● Freedom United
● GLIDE Foundation
● Homies Unidos
● Impact Justice
● Just Cities
● Legal Aid at Work
● Legal Services for Prisoners with Children
● March On
● Norcal Resist
● Pride In Truth
● Prison from the Inside Out
● Represent Justice
● Sister Warriors Freedom Coalition
● Starting Over Inc.
● The Love We Don’t See
● TimeDone
● Village Advocates
● Youth Leadership Institute
The 10P Program
A New Way of Life
Abolish Slavery National Network
ACLU California Action
Aging People in Prison Human Rights Campaign
All of Us or None
Anti-Recidivism Coalition
Anti-Violence Safety and Accountability Project
ASCRIBE
Asian Prisoner Support Committee
California Lawyers for the Arts
Coalition for a Just and Equitable California
Communities United for Restorative Youth Justice
EDIFYE
Freedom United
GLIDE Foundation
Homies Unidos
Impact Justice
Just Cities
Legal Aid at Work
Legal Services for Prisoners with Children
March On
Norcal Resist
Pride In Truth
Prison from the Inside Out
Represent Justice
Sister Warriors Freedom Coalition
Starting Over Inc.
The Love We Don’t See
TimeDone
Village Advocates
Youth Leadership Institute