Black Codes began popping up throughout the South almost
immediately after the Civil War ended. These Black Codes were laws that were
established to take away right from not only newly freed slaves, but also the
black population as a whole. The State of Alabama was one of the first states
to establish Black Codes in the South, and looking back this could be seen as
ironic due to the importance of Alabama as center for the Civil Rights Movement
beginning in the 1960’s.
In 1865, Alabama established a Black Code concerning
vagrants and vagrancy. In this code people that were considered vagrants could
be hired out to chain gangs, and their wages would be sent to the county
treasury fund poor houses or the house of corrections. Also people that were
accused of being vagrants were given a trial, and if they were found to in fact
be deemed a vagrant then they were fined fifty dollars, and if the person could
not pay then they were sentenced to six months in jail, or they would be
incarcerated until their fine could be paid. Finally, this law stated that
people found to be vagrant could be hired out to work, instead of going to
jail, and their wages again went to the county treasury again “for benefit of
the helpless in the poor house.” The problem with this law even though it is
never explicitly written that this law only applied to the black population, in
practice only blacks were found to be vagrants. Whites that did not work were
not found to be in violation of this law in the way it was carried out in
Alabama.
Another Black Code that existed in Alabama that was
established in 1866 was known as “The Act to define the relative duties of
master and apprentice.” This act said that people could take responsibility for
minors under the age of sixteen that were either orphans, had no means of
sustaining themselves, or whose parents had no means of taking care of the
apprentice and make them an apprentice. The act said that the master must
provide the necessities of life for that minor such as: food, clothing,
shelter, medical care if needed, teach the apprentice to read and write, etc.
The act also stated that the master must treat the apprentice in a humane way.
The act then goes on to say that the master could inflict moderate corporal
punishment on the minor in the same way a father or guardian could if it was
necessary. Finally, the act stated that if the apprentice was to leave the
employment of their master without the consent of the master then the master
had the right to capture the apprentice, and bring them back. If the apprentice
refuses to return to their place of employment then the apprentice would be
given a trial, and if found guilty would be subject to the penalties established
under the vagrant laws. This master-apprentice law re-established slavery under
a different name by allowing whites to “adopt” orphaned or needy blacks, and
force them to work for no pay for life. The term apprentice in this act is not
used in the traditional sense. The way an apprentice is traditionally seen is
someone learns a trade under an expert in the field they wish to pursue, and
eventually goes into business for themselves at some point in life. In this
scenario the “apprentice” was not necessarily learning a trade or skill. Also
the master was never forced to let the “apprentice” go work on his or her own.
Basically, the apprentice could be a farm worker, housemaid, etc. This law was
aimed to force orphan or poor blacks back into slavery just under a different
name.
Black Codes were not only found in Alabama, and were widely
used throughout the entire South. Looking on a smaller scope of how a state can
use laws and regulations to recreate the institution of slavery is important in
understanding just how important slavery was ingrained in the minds of the
people in the South. Also it shows just how far people would go to maintain the
mastery culture, and white superiority was to many people of the South.
Changes in Law and
Society during the Civil War and Reconstruction. Edited by Christian G.
Samito.
Carbondale: Southern Illinios University Press, 2009. 189-192.
I like that you covered some of the black codes. It shows how people were doing whatever they could to bring back slavery in a sense. The white ommunity of the south wanted to assert their superiority to the black population.
ReplyDeleteI enjoyed reading your analysis of the black codes. The presence of the black codes in the south is a reminder to students today that the Civil War and the 13th amendment may have ended slavery, but did not discourage whites of the south to claim their superiority and put forth efforts to reestablish the economic and social status of the pre-war years.
ReplyDeleteI agree with the other two. To actually see the black codes covered and not just as "black codes" but actually a little detail shows the horribleness of them. The black codes are a true testament to how to do whatever means necessary to keep the blacks oppressed and still in some sort of superiority over them.
ReplyDeleteYou may thank what you want to. But it doesn't mean shit. Right now today you have white women all over American that love a African American man or woman. Butches black code don't mean shit. So if you are a white girl are man this land would not be shit with out my people BITCH!!!!! Mom7
DeleteThe Black Codes were unfortunately just another name and alternative for slavery for White Southerners after the Civil War. I agree with your analysis of the Alabama Black codes on how the mind set in the South was integrated so deeply into their everyday lives. And also the culture of Mastery and white supremacy in some ways still remain in Alabama today.
ReplyDeleteDo you have a specific source that states the black code concerning vagrancy laws?
ReplyDelete