Black codes were restrictive laws designed to limit the freedom of African Americans and ensure their availability as a cheap labor force after slavery was abolished during the Civil War. Though the Union victory had given some 4 million enslaved people their freedom, the question of freed Black people's status in the postwar South was still very much unresolved. Under black codes, many states required Black people to sign yearly labor contracts; if they refused, they risked being arrested, fined and forced into unpaid labor. Outrage over black codes helped undermine support for President Andrew Johnson and the Republican Party.

The restrictive nature of the codes and widespread Black resistance to their enforcement enraged many in the North, who argued that the codes violated the fundamental principles of free labor ideology.


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As indicated by the passage of the black codes, however, white southerners showed a steadfast commitment to ensuring their supremacy and the survival of plantation agriculture in the postwar years. Support for Reconstruction policies waned after the early 1870s, undermined by the violence of white supremacist organizations such as the Ku Klux Klan.

Code Noir is the oldest and its methods were adopted by all colonizing companies/countries. This is denationalisation of people which is a world crime. Thus the grouping of the denationalized persons known as blacks, negroes, Hispanics, African-American and even American. These are all misnomers and are not the Nationalities of the people carrying these labels. Know they self and the crimes of your oppressors.

Since the colonial period, colonies and states had passed laws that discriminated against free Blacks. In the South, these were generally included in "slave codes"; the goal was to suppress the influence of free blacks (particularly after slave rebellions) because of their potential influence on slaves. Restrictions included prohibiting them from voting (North Carolina had allowed this before 1831),[citation needed] bearing arms, gathering in groups for worship, and learning to read and write. The purpose of these laws was to preserve slavery in slave societies.

Before the war, Northern states that had prohibited slavery also enacted laws similar to the slave codes and the later Black Codes: Connecticut, Ohio, Illinois, Indiana, Michigan,[2] and New York enacted laws to discourage free blacks from residing in those states. They were denied equal political rights, including the right to vote, the right to attend public schools, and the right to equal treatment under the law. Some of the Northern states, those which had them, repealed such laws around the same time that the Civil War ended and slavery was abolished by constitutional amendment.

In the first two years after the Civil War, white legislatures passed Black Codes modeled after the earlier slave codes. (The name "Black Codes" was given by "negro leaders and the Republican organs", according to historian John S. Reynolds.[3][4][5]) Black Codes were part of a larger pattern of Democrats trying to maintain political dominance and suppress the freedmen, newly emancipated African-Americans. They were particularly concerned with controlling movement and labor of freedmen, as slavery had been replaced by a free labor system. Although freedmen had been emancipated, their lives were greatly restricted by the Black Codes. The defining feature of the Black Codes was broad vagrancy law, which allowed local authorities to arrest freedpeople for minor infractions and commit them to involuntary labor. This period was the start of the convict lease system, also described as "slavery by another name" by Douglas Blackmon in his 2008 book of this title.[6]

"Black Codes" in the antebellum South strongly regulated the activities and behavior of blacks, especially free Blacks, who were not considered citizens. Chattel slaves basically lived under the complete control of their owners, so there was little need for extensive legislation. "All Southern states imposed at least minimal limits on slave punishment, for example, by making murder or life-threatening injury of slaves a crime, and a few states allowed slaves a limited right of self-defense."[8] As slaves could not use the courts or sheriff, or give testimony against a white man, in practice these meant little.

Free blacks presented a challenge to the boundaries of white-dominated society.[10] In many Southern states, particularly after Nat Turner's insurrection of 1831, they were denied the rights of citizens to assemble in groups, bear arms, learn to read and write, exercise free speech, or testify against white people in Court.[11][12][13][8] After 1810, states made manumissions of slaves more difficult to obtain, in some states requiring an act of the legislature for each case of manumission. This sharply reduced the incidence of planters freeing slaves.[8]

All the slave states passed anti-miscegenation laws, banning the marriage of white and Black people, as did several new free states of the former Northwest Territory, including Indiana, Illinois, and Michigan.[21] Ohio, Indiana, and Illinois shared borders with the slave states across the Ohio and Mississippi rivers (Kentucky, Missouri, and Virginia respectively). The population of the southern parts of these states had generally migrated from the Upper South; their culture and values were more akin to those of the South across the river than those of the northern settlers, who had migrated from New England and New York. In some states these codes included vagrancy laws that targeted unemployed Black people, apprentice laws that made Black orphans and dependents available for hire to white people, and commercial laws that excluded Black people from certain trades and businesses and restricted their ownership of property.[22]

As the war ended, the U.S. Army implemented Black Codes to regulate the behavior of black people in general society. Although the Freedmen's Bureau had a mandate to protect blacks from a hostile Southern environment, it also sought to keep blacks in their place as laborers in order to allow production on the plantations to resume so that the South could revive its economy.[37] The Freedmen's Bureau cooperated with Southern authorities in rounding up black "vagrants" and placing them in contract work.[38][39][40] In some places, it supported owners to maintain control of young slaves as apprentices.[41]

Soon after the end of slavery, white planters encountered a labor shortage and sought a way to manage it. Although blacks did not all abruptly stop working, they did try to work less. In particular, many sought to reduce their Saturday work hours, and women wanted to spend more time on child care.[42] In the view of one contemporary economist, freed people exhibited this "noncapitalist behavior" because the condition of being owned had "shielded the slaves from the market economy" and they were therefore unable to perform "careful calculation of economic opportunities".[43]

An alternative explanation treats the labor slowdown as a form of gaining leverage through collective action.[44] Another possibility is that freed blacks assigned value to leisure and family time in excess of the monetary value of additional paid labor. Indeed, freedpeople certainly did not want to work the long hours that had been forced upon them for their whole lives.[45] Whatever its causes, the sudden reduction of available labor posed a challenge to the Southern economy, which had relied upon intense physical labor to profitably harvest cash crops, particularly cotton.[46]

Black Codes restricted black people's right to own property, conduct business, buy and lease land, and move freely through public spaces.[53] A central element of the Black Codes were vagrancy laws. States criminalized men who were out of work, or who were not working at a job whites recognized.[48][examples needed] Failure to pay a certain tax, or to comply with other laws,[examples needed] could also be construed as vagrancy.[54]

Whites could avoid the code's penalty by swearing a pauper's oath. In the case of blacks, however: "the duty of the sheriff of the proper county to hire out said freedman, free negro or mulatto, to any person who will, for the shortest period of service, pay said fine or forfeiture and all costs."[82] The laws also levied a special tax on blacks (between ages 18 and 60); those who did not pay could be arrested for vagrancy.[82]

South Carolina's new law on "Domestic Relations of Persons of Color" established wide-ranging rules on vagrancy resembling Mississippi's. Conviction for vagrancy allowed the state to "hire out" blacks for no pay. The law also called for a special tax on blacks (all males and unmarried females), with non-paying blacks again guilty of vagrancy. The law enabled forcible apprenticeship of children of impoverished parents, or of parents who did not convey "habits of industry and honesty".[86] The law did not include the same punishments for Whites in dealing with fugitives.[87]

The South Carolina Code clearly borrowed terms and concepts from the old slave codes, re-instituting a rating system of "full" or "fractional" farmhands and often referring to bosses as "masters".[90]

Even as the legislators passed these laws, they despaired of the forthcoming response from Washington. James Hemphill said: "It will be hard to persuade the freedom shriekers that the American citizens of African descent are obtaining their rights."[95] Orr moved to block further laws containing explicit racial discrimination.[96] In 1866, the South Carolina code came under increasing scrutiny in the Northern press and was compared unfavorably to freedmen's laws passed in neighboring Georgia, North Carolina, and Virginia.[97]

The Louisiana legislature, seeking to ensure that freedmen were "available to the agricultural interests of the state", passed similar yearly contract laws and expanded its vagrancy laws. Its vagrancy laws did not specify Black culprits, though they did provide a "good behavior" loophole subject to plausibly racist interpretation. Louisiana passed harsher fugitive worker laws and required blacks to present dismissal paperwork to new employers.[99] 2351a5e196

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