The American Black Codes 1865-1866o
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Click on the map below to view Black Codes from the ex-Confederate States.* * Note: Most of the Black Codes were retyped from microfiche copies of the original session laws.
For more information about Black Codes check out the following electronic and print resources: Black Codes at InfoPlease Black Codes at Wikipedia The Black Codes of 1865 at About.com Reconstruction, African American History at Encarta Freedom to the Free: 1863-1963, A Century of Emancipation. A report to the President by the United States Commission on Civil Rights. (1963). Nieman, Donald G. (ed.). Black Southerners and the Law: 1865-1900. Garland Publishing, Inc. NY. 1994. Mendes, Gabriel. Black Codes in the United States. Africana: The Encyclopedia of the African and African American Experience. eds. Kwame Anthony Appiah and Henry Lousi Gates, Jr. Basic Civitas Books, NY. (1999). |
"Black Codes" were legal statutes and constitutional amendments enacted by the ex-Confederate states following the Civil War that sought to restrict the liberties of newly freed slaves, ensure a supply of inexpensive agricultural labor, and maintain white dominated hierarchy. However,
the history of Black Codes did not begin with the collapse of the Confederacy.
Prior to the Civil War, southern states enacted Slave Codes to regulate
the institution of slavery. Furthermore, northern, non-slave holding
states enacted laws to limit the black political power and social mobility.
For example, in 1804, Ohio
enacted laws prohibiting free blacks from immigrating into the state.
In 1813, the State
of Illinois enacted a law banning free blacks outright from immigrating
into the State. Black
Codes adopted after the Civil War borrowed elements from the antebellum
slave laws and from the laws of the northern states used to regulate
free blacks. Some Black Codes incorporated morality clauses based on
antebellum slave laws into Back Code labor laws. For example, in Texas,
a morality clause was used to make it crime for laborers to use offensive
language in the presence of their employers, his agents, or his family
members. Borrowing from the Ohio and Illinois codes, Arkansas enacted
an ordinance banning free blacks from immigrating into the state. In
the end, the Black Codes were largely extinguished when Radical
Republican Reconstruction efforts began in 1866-67, and with the
passage of the Fourteenth
Amendment and civil rights legislation. Though the statutory lives
of the Black Codes were short-lived, they are significant in that they
served as precursors to the Jim
Crow laws. For example, Arkansas passed a law prohibiting black
children from attending school with children. The Texas legislature
enacted a law requiring railroad companies to set aside a passenger
car for black passengers. While
each ex-Confederate state enacted its own set of Black Codes, all of
them shared certain features. First, they defined the term "person
of color." Second, they prevented blacks from voting, holding
office, or serving on juries. Third, they prevented blacks from serving
in state militias. Fourth, they mandated for poor, unemployed persons
(usually blacks) be arrested for vagrancy or bound as apprentices. Fifth,
they mandated and regulated labor contracts between whites and free
blacks. Sixth, they prohibited interracial marriages between whites
and blacks. |