NationMaster - Encyclopedia: Black Codes in the USA

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The Black Codes were laws passed on the state and local level in the United States to restrict the civil rights and civil liberties of Black People, particularly former slaves. Civil rights or positive rights are those legal rights retained by citizens and protected by the government. ... Civil liberties is the name given to freedoms that protect the individual from government. ... Slavery is any of a number of related conditions involving control of a person against his or her will, enforced by violence or other clear forms of coercion. ...

1 History
- 1.1 Expansion: 1830-1860
- 1.2 Post-Civil War
2 Segregation
3 Distinction from Jim Crow laws
4 See also
5 Notes
6 References
7 External links

History

Although the Black Codes are most commonly associated with the Southern states after the American Civil War until the beginning of Reconstruction, where they were used to regulate the freedoms of former slaves, Black Codes developed over the span of half a century or more and some laws date to the early 1900's in Northern states. Historic Southern United States. ... This article is becoming very long. ... // Reconstruction was the process in U.S. history that attempted to resolve the issues of the American Civil War when both the Confederacy and slavery were destroyed. ... Regional definitions vary from source to source. ...

Expansion: 1830-1860

As the abolitionist movement gained steam and escape programs for slaves such as the Underground Railroad expanded, so did the backlash of negrophobia among whites in the North. Indiana passed an anti-miscegenation statute in 1845. In several states the Black Codes were either incorporated into or required by their state constitutions, many of which were rewritten in the 1840s. Article 13 of Indiana's 1851 Constitution stated "No Negro or Mulatto shall come into, or settle in, the State, after the adoption of this Constitution." The 1848 Constitution of Illinois led to one of the harshest Black Code systems in the nation until the Civil War. The Illinois Black Code of 1853 extended a complete prohibition against black immigration into the state. This English poster depicting the horrific conditions on slave ships was influential in mobilizing public opinion against slavery. ... This does not adequately cite its references or sources. ... It has been suggested that Anti-miscegenation laws be merged into this article or section. ... 1845 was a common year starting on Wednesday (see link for calendar). ... Dame Kelly Holmes is half Black (Jamaican) and half White (English). ...

Post-Civil War

After the abolition of slavery by the Thirteenth Amendment to the United States Constitution, all former slave states adopted new Black Codes. During 1865, the first year of Reconstruction, every southern state passed new Black Codes that restricted the Freedmen, who were free but not yet citizens. They gave freedmen only a limited set of second-class civil rights and no voting rights, while pursuing a goal of re-admission to the Union. Southern plantation owners feared that they would lose their land or, if not, that blacks would not do their field work; many Southern whites feared that blacks would consider themselves their equals. Mississippi and South Carolina black codes have been described thus:^[1] Amendment XIII in the National Archives Amendment XIII (the Thirteenth Amendment) of the United States Constitution officially abolished, and continues to prohibit, slavery, and, with limited exceptions such as those convicted of a crime, prohibits involuntary servitude. ... // Reconstruction was the process in U.S. history that attempted to resolve the issues of the American Civil War when both the Confederacy and slavery were destroyed. ... A freedman is a former slave who has been manumitted or emancipated. ... This article does not adequately cite its references or sources. ... Official language(s) English Capital Charleston(1670-1789) Columbia(1790-present) Largest city Columbia Largest metro area Greenville-Spartanburg-Anderson Area Ranked 40th - Total 34,726 sq mi (82,965 kmÂ²) - Width 200 miles (320 km) - Length 260 miles (420 km) - % water 6 - Latitude 32Â°430N to 35...

"Negroes must make annual contracts for their labor in writing; if they should run away from their tasks, they forfeited their wages for the year. Whenever it was required of them they must present licenses (in a town from the mayor; elsewhere from a member of the board of police of the beat) citing their places of residence and authorizing them to work. Fugitives from labor were to be arrested and carried back to their employers. Five dollars a head and mileage would be allowed such negro catchers. It was made a misdemeanor, punishable with fine or imprison- ment, to persuade a freedman to leave his employer, or to feed the runaway. Minors were to be apprenticed, if males until they were twenty-one, if females until eighteen years of age. Such corporal punishment as a father would administer to a child might be inflicted upon apprentices by their masters. Vagrants were to be fined heavily, and if they could not pay the sum, they were to be hired out to service until the claim was satisfied. Negroes might not carry knives or firearms unless they were licensed so to do. It was an offence, to be punished by a fine of $50 and imprisonment for thirty days, to give or sell intoxicating liquors to a negro. When negroes could not pay the fines and costs after legal proceedings, they were to be hired at public outcry by the sheriff to the lowest bidder...."

"In South Carolina persons of color contracting for service were to be known as "servants," and those with whom they contracted, as "masters." On farms the hours of labor would be from sunrise to sunset daily, except on Sunday. The negroes were to get out of bed at dawn. Time lost would be deducted from their wages, as would be the cost of food, nursing, etc., during absence from sickness. Absentees on Sunday must return to the plantation by sunset. House servants were to be at call at all hours of the day and night on all days of the week. They must be "especially civil and polite to their masters, their masters' families and guests," and they in return would receive "gentle and kind treatment." Corporal and other punishment was to be administered only upon order of the district judge or other civil magistrate. A vagrant law of some severity was enacted to keep the negroes from roaming the roads and living the lives of beggars and thieves."

The Black Codes outraged public opinion in the North because it seemed the South was creating a form of quasi-slavery to evade the results of the war. Congress also passed the Fifteenth Amendment to the United States Constitution, but Johnson blocked it. After winning large majorities in the 1866 elections, the Republicans put the South under military rule and held new elections in which the Freedmen could vote. The new governments repealed all the Black Codes, and they were never reenacted. The Fifteenth Amendment was ratified and went into effect. An Indentured Servant (or in the U.S. bonded labourer) is a labourer under contract to work for an employer for a specific amount of time, usually seven to eight years, to pay off a passage to a new country or home. ... Amendment XV in the National Archives 1870 celebration of the 15th amendment as a guarantee of African American rights 1867 drawing depicting the first vote by African Americans Amendment XV (the Fifteenth Amendment) of the United States Constitution provides that governments in the United States may not prevent a citizen...

Segregation

As one historian has noted, "Racial segregation was hardly a new phenomenon. Before the Civil War, when slavery had fixed the status of most blacks, no need was felt for statutory measures segregating the races. The restrictive Black Codes, along with the few segregation laws passed by the first postwar governments, did not survive Reconstruction," Leon F. Litwack wrote[p. 229] in Trouble in Mind: Black Southerners in the Age of Jim Crow, the sequel to his Pulitzer Prize-winning history Been in the Storm So Long: The Aftermath of Slavery.

What replaced the Black Codes, Litwack wrote, "was not racial integration but an informal code of exclusion and discrimination."

"If they cannot (as they never can) occupy the places of legislators, judges, teachers, &c.," a North Carolina planter explained, "they may be useful as tillers of the soil, as handicraftsmen, as servants in various situations, and be happy in their domestic and family relations... It is our Christian duty to encourage them to these ends." That, Litwack wrote in Been in the Storm So Long was putting the best face on the legislation adopted by most of the ex-Confederate states to regulate freedmen—laws that came to be known collectively as the Black codes. Ended officially in 2000.[p. 366]

Distinction from Jim Crow laws

The Black Codes of the 1860s are not the same as the Jim Crow laws. The Black Codes were resultant of the abolition of slavery and the South's defeat in the Civil War. They were enacted in the 1860s, whereas the Jim Crow era began later, towards the closing of the 19th century. The term Jim Crow laws refers to a series of laws enacted mostly in the Southern United States in the later half of the 19th century that restricted most of the new privileges granted to African-Americans after the Civil War. ...

Notes

^ Oberholtzer 1:128-9

References

Jonathan Birnbaum and Clarence Taylor, eds. Civil Rights Since 1787: A Reader on the Black Struggle (New York University Press: 2000) ISBN 0-8147-8215-9
Foner, Eric. Reconstruction: America's Unfinished Revolution 1863-1877 (Harpercollins: 1988) ISBN 0-06-015851-4
Horton, James Oliver and Lois E. Horton. In Hope of Liberty: Culture, Community and Protest among Northern Free Blacks, 1700-1860 (1998)
Litwack, Leon F. Trouble in Mind: Black Southerners in the Age of Jim Crow by (Alfred A. Knopf: 1998)
Litwack, Leon F. Been in the Storm So Long: The Aftermath of Slavery Pulitzer Prize (1980) ISBN 0-394-74398-9
Charles D. Lowery and John F. Marszalek; Encyclopedia of African-American Civil Rights: From Emancipation to the Present Greenwood Press, 1992
Stephen Middleton. The Black Laws in the Old Northwest : A Documentary History (1993)
Theodore B. Wilson, The Black Codes of the South University of Alabama Press, 1965
Waldrep, Christopher. "Substituting Law for the Lash: Emancipation and Legal Formalism in a Mississippi County Court" Journal of American History 1996 82(4): 1425-1451. ISSN 0021-8723 Fulltext: in Jstor. Actual operation of the codes in Mississippi courts.

External links

1865 Black Codes of Mississippi Text of laws
Northern Black Codes - Were they effective? by William Arthur Carden
The Illinois Black Code by Roger D. Bridges
Black Codes in the Former Confederate States
The Black Codes of 1865
Texas State Historical Association: Black Codes by Carl H. Moneyhon
Black codes and Jim Crow laws in South Carolina
The Reader's Companion to American History: Black Codes
Encyclopaedia Britannica (via PBS): Black Codes

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