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Black Codes legal definition of Black Codes
Oct 09, · 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. Black Codes. A body of laws, statutes, and rules enacted by southern states immediately after the Civil War to regain control over the freed slaves, maintain white . The Mississippi Black Code () In , southern state governments, elected exclusively by white voters, established a series of laws to regulate the lives of the freedmen (ex-slaves). Known as the Black Codes, these laws granted the freedmen certain rights, such as legalized marriage, ownership of property, and limited access to the courts.
Black codes pdf download
This banner text can have markup. Search the history of over billion web pages on the Internet. Books by Language Additional Collections. Theft, mutilation, and underlining of books are reasons for disciplinary action and may result in dismissal from the University. The fact that the entire South would be entitled to an increase of member- ship in the national House of Representatives was a bit- ter proposition to the northerners, and from the beginning of black codes pdf download session the thirty-ninth Congress did little but disctiss schemes for changing the basis of apportionment.
Uany theories were advanced as to the comparative status of the rebellious states; but the one finding the most black codes pdf download was that the resistance of the South to the consti- tution and the laws of the Union, had deprived them of the privilege of enjoying all federal law; Congress could, therefore, reconstruct these states as it pleased, and place upon them whatever restrictions it deemed proper.
Dunning, Reconstruction, As originally enacted, black codes pdf download, the law provided for the establishment of a bureau which was intended to organize the various sys- tems for the regulation of negroes which had developed dur- ing the war. IMS bureau was to have charge of all matters relating to refugees and freedmen in the states which had been the theatre of war. The officials were very active, and after the war was over their authority became very con- spicuous in helping to adjust social conditions; by giving aid to the vast numbers of liberated slaves in securing means of livelihood, and in protecting them in their privi- leges against local discriminations.
Following the policy of Lincoln, black codes pdf download, President Johnson had undertaken to restore civil government in the South. During the recess of Con- gress there had been nothing to prevent him from carrying out his own plan of reconstruction.
Cn May 29th,he issued a proclamation granting amnesty to certain classes and providing for the establishment of temporary govern- ments in the late insurrectionary states.
Conven- 1. Richardson, Messages and Papers, VI, By Au- gust,the provisional governors had "been relieved of their offices, and the president proclaimed the restora- tion of peace, order, tranquility, and civil authority throughout the whole United States. To retain his dignity the only way open to the chief executive was to refrain from recognizing the new Congress.
An effort was made to pass the. Preedmen's Bureau Act over his veto, but it failed of the necessary majority. In Llarch a Civil Rights Bill was passed, which declared that all persons born in the United States and subject to the jurisdiction thereof were citizens of the United States. The president vetoed this act also, as be- ing both unwise and unconstitutional.
The fourteenth amendment, the extension of the freedmen's bureau, the reconstruction acts, the fifteenth amendment, and the enforcement acts, followed in quick succession, with the final recognition of all the states in January, Richardson, Messages and Papers, 71, Rhodes, U, black codes pdf download. A study of the conditions in the South at the time is essential for black codes pdf download intelligent comprehension of these laws, and for an appre- ciation of their significance as a political, black codes pdf download, social and economic movement.
Industrial organization had perished with the de- struction of the slavery system and the ravages of the war. Capital had suffered with the loss in value of the Confed- erate and state securities; factories had "been burned; and commerce was practically destroyed. Many political institu- tions had declined; the governments were, on the whole, cor- rupt black codes pdf download under the control of incompetent officials.
The greatest problem, however, was black codes pdf download race question. In Virginia, according to the report of the Joint Committee on Reconstruction which defined the rights of the free ne- gro as they existed before the war, the free black had the same rights to sue and to be sued as the white man, black codes pdf download, and his cases were tried in the same way; he had the same right to call witnesses; and the same right to acquire property, ex- cept in slaves.
Fleming, black codes pdf download, Doc. It was necessary to make new laws which would recognize the transition of the negro from slavery to citizenship, and to entrust him with those privileges and responsibilities which belong to him as a member of a commonwealth. The state must give him the right to make contracts for his labor, and to be protected in his person and property.
Futhermore, black codes pdf download, it was necessary to regulate the family life, black codes pdf download, as well as to control the morals and conduct of these new citizens; to induce them to cease roving, to se- cure homes, to earn a livelihood, to fulfill their contracts, and to support their families. The black codes pdf download must in addition provide for the education of the freedmen, care for the aged and helpless, and provide black codes pdf download the orphans.
It was also neces- sary to secure protection for the whites in person and pro- perty against the lawless blacks, black codes pdf download. They tested this new condition by manifesting a general demoralization and a desire to secure a living from the country without giving anything in return. The white people became alarmed and greatly feared an insurrection or race war.
Black codes pdf download, Recon. Mot all the officers of the bureau were of this type, for some of them were very efficient; except for their aid, thousands of freedmen and refugees would doubtless have died from starvation. Also they held the po- sition of advisors and instructors to the blacks, and urged them to make contracts for labor with the planters. They at least seem to have been responsible for the rumor that the estates of the confederates were to be divid- ed among the negroes during the Christmas holidays; each ne- gro was to be given forty acres and a mule.
Many of the freed- men were also told that they should not remain with their old masters, since their freedom was not secure as long as they did so.
Consequently the negroes wandered idly around the country, collected in towns, or flocked to the Union camps, leaving the plantations and crops to their fate.
The number of vagrants was appalling, and acts of violence were common. If a planter was so fortunate as to secure laborers to work in his fields he had no assurance that they would stay until the harvest, for the obligation of contract rested lightly upon the conscience of the black man.
Great numbers of freed- men managed to exist by stealing the supplies of the planters and selling them to unprincipled persons who lived by trad- ing these stolen goods. Many negroes, particularly the young men, on being assured of their freedom, not only refused to work but became very offensive in manner and assumed what 1, black codes pdf download.
Truman, Report on South, Also many others after having thoroughly demonstrated their freedom, volun- tarily returned tired and weary to their deserted homes and settled down in their old quarters.
It was not so much love for their black codes pdf download masters that induced them to come back, as an inborn fondness on the part of the negro for associations; he is usually loathe to forsake the environment and home in which he has been reared.
The whites were jealous of their authority; moreover, they saw in the free negroes a serious rival laboring class and felt that their social po- sition was threatened.
Violent encounters between the races occurred; it is safe to say that trie whites were frequently the aggressors and sometimes exposed the negro to nameless persecutions.
Truman, Report on Soiith, 9. Ibid, These legis- latures had before them a task requiring the most extreme delicacy of treatment; it was necessary to provide for the political and legal status of four millions of people just out of slavery. The life of the Johnsonian governments was at stake; woiild the black codes pdf download realize and respect the northern feeling in regard to the negroes, black codes pdf download, or would they draw the col- or line sharply and deny to the black man rights and privi- leges which belonged to him as a freeman?
Garner, Recon. Stephenson, Discrim. Law, Qhadsey, Struggle between Johnson and Cong. By the first we convince the world of our good faith, and get rid of the system of espionage Freedraen's Bureauby removing the pretext for its necessity; and by the second, black codes pdf download, we secure the services of the negroes, teach them their places and how to keep them, and convince them at least that we are their best friends Besides all this Shall we be angry with him because his freedom has been forced upon him?
He may have been the companion of your boyhood. It may be that when, only a few years ago A special committee was appointed by the constitutional black codes pdf download of the state, which met in the fall of the yearwith instrucions to investigate the new problems and to prepare such statutes as they might deem necessary to provide for the general wel- fare, black codes pdf download.
These laws were passed by the state legislature black codes pdf download the twenty-first and the twenty-ninth of November of the same year. It was expressly provided, however, that the provisions 1, black codes pdf download. Quoted from Garner, Hecon. The same statute also required every freedman to have on Janu- ary 1, written evidence of a lawful home and employ- ment. If he were under some written contract for service the evidence of such a contract was sufficient; if he were not hound "by such a contract, however, he must have a li- cense from the mayor authorizing him to do irregular job work.
It was the duty of the court, thereupon, to order the apprenticing of such minors, preference being given to their former mas- ters if they were suitable persons. The master must furnish bond payable to the state, conditioned upon furnishing the minor with sufficient food and clothing, treating him hu- manely, giving him medical attention when sick, and if the minor were under fifteen years of age, teaching him or hav- ing him taught to read and write. Liales were to be bound out until they were twenty-one and females until they were eight- ' een years of age.
The master could inflict moderate corporal punishment as a father or guardian might do, but in no case 1. Anyone en- ticing an apprentice away from his master, knowingly employ- ing him, furnishing him food or clothing, or giving him liquor without his master's consent, was guilty of a high misdemeanor. If the master wished to get rid of the appren- tice, he might go "before the probate court, which would can- cel his bond and re-apprentice the minor.
If the master died the court would give the preference to the widow or family of the deceased in re-apprenticing the minor. In cases where the age of the freedman could not "be ascertained, the court was to fix it. All vagrants, upon conviction, were to be fined not exceeding one hundred dollars and costs, and to be impris- oned, at the discretion of the court, not exceeding ten days.
All fines and forfeitures collected under the provisions of this act were to be paid into the county treasury for gen- 1, black codes pdf download. Fleming, Doo. Stephenson, Msorim, black codes pdf download. I eral county purposes. In case any freedman should fail for five days after the imposition of the fine to pay the same, the sheriff was to hire out said freedman to any person who would, for the shortest period of service, pay said fine black codes pdf download forfeiture and all costs; provided, a preference should he given to the employer, if there was one, in which case the employer should he entitled to deduct and retain the amount so paid from the wages of such freedman.
The same duties and liabilities existing among white persons of the state black codes pdf download attach to freedmen, to support their indigent families and all colored paupers. The law levied a tax of one dollar upon every freedman between the ages of eighteen black codes pdf download sixty to go into the freedmen' s pauper fund. If a negro refused to pay the tax, he might he arrested and hired out until he had paid the amount.
For a white man to sell, give, or lend a negro any intoxicating liquors except that a master might give him spirituous liquors if not in sufficient quantities to pro- duce intoxicationwas made an offence, punishable by a black codes pdf download of not than fifty dollars or imprisonment for not more 1. Any freedman guilty of riots, affrays, trespasses, malicious mischief, cruel treatment to animals, insulting gestures, language or acts, or assaults on any person, dis- turbance of the peace, exercising the function of a minister of the gospel without a license from a regularly organized church, selling intoxicating liquors, or committing any other misdemeanor the punishment of which was not specifically pro- vided "by law, upon conviction was to he fined not less than ten dollars nor more than one hundred dollars, and impris- oned at the discretion of the court, not more than thirty days.
Many northern newspapers printed the acts entire and the editors commented freely upon them. It was said that a prac- tical re-enslavement of the negro was intended, for such laws 1. Only the blaok man was required to have a home within a certain time; the vagrancy law also ap- black codes pdf download to none other; furthermore, the negro was deprived of trial by jury.
An editorial from the Chicago Tribune for December 1, will serve to show the general trend of the opposition: "We tell the white men of Mississippi that the men of the llorth will convert the state of Mississippi into a frog pond, before they will allow any such laws to disgrace one foot of soil in which the bones of our fathers sleep and over which the flag of freedom waves".
This stat- Jivil Rights ute provided that persons of color, although not entitled to social or political equality with black codes pdf download persons, should nev- ertheless have the right to acquire, own, and dispose of property, to make contracts, to enjoy the fruits of their labor, to sue and to be sued, and to receive protection in their persons and property.
In the December lav; it was pro- vided that in every case in which a colored person was a partyor which affected the person or property of a col- ored person, such persons should be competent witnesses. Garner, Reoon.
McPherson, Pol.
Black Codes
, time: 14:23Black codes pdf download
theblackcodks,l by bynefrancesgoodman thesis submittedinpartialfulfillment oftherequirementsforthe degreeof bachelorofarts in history collegeofliteratureandarts universityofillinois \. was with Black Codes. These codes or rules were a way for whites to try to keep things the same as they were before the Civil War. These rules would limit the freedoms of blacks who used to be slaves. Black Codes were different in every state in the South. But many of the laws were very similar. They all had the same goal in mind. The. Black Codes. A body of laws, statutes, and rules enacted by southern states immediately after the Civil War to regain control over the freed slaves, maintain white .
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