A Prison Slavery Abolitionist Open Letter to Jerry Brown

Governor Brown,

In 1849 California was admitted to the Union as a Free State with the following State Constitutional Article 1, Section 18:

“Neither slavery nor involuntary servitude, UNLESS FOR THE PUNISHMENT OF CRIMES, shall ever be tolerated in this State.” (caps added)

One hundred and sixty-two (162) years ago, this Amendment successfully halted the expansion of Southern ‘chattel slave territory’ to California, it certified California as a new FREE STATE, and it provided FOR BOTH “Slavery” and “Involuntary Servitude… FOR THE PUNISHMENT OF CRIMES…” (2)

Between 1973/1975, a California Prisoner study collective successfully struggled and lobbied via inside/outside family and community members to have California’s then 124 year slavery proviso abolished and replaced with Article 1, Section 6, Declaration of Rights (1974/75):

“Slavery is prohibited. Involuntary Servitude is prohibited
EXCEPT TO PUNISH CRIME.” (3)

Thirty–six (36) years ago you were the new Governor of California when Article 1, Section 6 was placed in the State Constitution. This change commands that “…slavery… for the punishment of crimes” “is prohibited”.

After all these years, after slavery was declared Unconstitutional, in an overwhelming California citizen vote, it not only continues to exist, but negative material slave conditions have radically expanded.

Since 1975, California guard unions (and other related businesses), under the cover and protection of this Article, have massively expanded from approximately:

30,000+ prisoners (@ $9,143 per year each) to
130,000+ prisoners today (@ between $45,000 to $85,000 per year each).

More prisoners, more taxes, more money per prisoner, more prison slave territory expansion, more corrupt cumulative Slavocracy profits - all at the cost of a morally dysfunctional State that Unconstitutionally enslaves California Citizens.

This practice of slavery, “for the punishment of crimes”, continues without the return of
Citizenship, Labor, Human, Economic, Civil, and day-to-day material rights to prisoners and to their family members, including not being Tortured anywhere within California, under any circumstances whatsoever, NOT EVEN AS A PUNISHMENT FOR CRIME.

The intent of the 1975 Amendment was to advance prisoners’ rights immediately after its passage. Why has the spirit and ‘will’ of the people been so grotesquely violated?

Thirty-six (36) years of Unconstitutional, cumulative negative conditions have been inflicted against both inside and outside communities by the California Government, and against the wishes of California’s voting citizens. It is, of course, Criminal and shameful that this corruption has occurred, and continues at this very minute. California citizens voted to provide more rights than existed on both the State and Federal levels, not less, but more, and yet they got less!

These rights should have been advanced beyond the 6/10ths human/citizen designation of a slave, not Decreased to 0/10ths. These negative conditions (of slavery to punish crime), including Torture at Pelican Bay SHU, must be halted and reversed immediately, with ALL rights restored to 10/10ths of a citizen. (4)

In conclusion, Pelican Bay SHU Prisoner Representatives, their Legal Representatives, Family Members, and Advocate Organizations need to discuss these matters with you directly in greater detail.

Toward Abolition of All Slavery,

Lee Wood

prisonslavery [at] yahoo.com


NOTES:

1. At the time of this writing, the Pelican Bay Security Housing Unit (SHU) Hunger Strike had temporarily halted with negotiations between prisoners, their legal representatives, and CDCR.

“The demands of the strikers seem relatively tame, which gives us some insight into the level of oppression. The five core demands are:

1. Individual instead of group responsibility for institutional infractions.

2. Abolition of the Gang Debriefing Policy, which endangers both those who debrief as well as family members on the outside;

3. An end to long term solitary confinement;

4. Adequate food, and

5. Constructive programs like art, phone privileges, and the like.

A sub demand (under Constructive Programs section) is adequate, natural sunlight.”

“SUNLIGHT!” (copy right by Mumia Abu Jamal, 2011)


2. Sixteen years after California’s 1848 Amendment, the similar Thirteenth Amendment to the United States Constitution was ratified and certified:

Thirteenth Amendment (1865):

Section 1. “Neither slavery nor involuntary servitude, EXCEPT AS A PUNISHMENT FOR CRIME WHEREOF THE PARTY SHALL HAVE BEEN DULY CONVICTED, shall exist within the United States, or any place subject to their jurisdiction.”

Section 2. Congress shall have power to enforce this Article by Appropriate legislation.



3. Article 1, Section 6 wording in the California State Constitution is actually the Third proposed alternative:

The First proposal was:


“Neither slavery nor involuntary servitude shall ever be
tolerated in this state.”

The Second proposal:

“Neither slavery nor involuntary servitude, NOT EVEN AS
A PUNISHMENT FOR CRIME, shall ever be tolerated in this state.”

The Third proposal was:

“Slavery is prohibited. Involuntary Servitude is prohibited
EXCEPT TO PUNISH CRIME.”

4. A few self serving Statutes were put in place, while the vast majority, were ignored.

(Those ignored included: the return of ALL Citizenship, Labor, Human, Economic, and Civil rights.)

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