The New Oppression - The Black Codes of 1865-1866

The Civil War is over; the initial aim of the war has changed, and the previously enslaved peoples are now free, courtesy of the 13^th Amendment.  The South has been stripped of its most intrinsic institution; and many are outraged. That explains many people’s attitudes regarding the newly freed slaves in southern territories. Due to President Johnson’s plan for Reconstruction, many of the ex-Confederates that held power at the height of the war could now regain some footing in the political spheres of their states. These two facts led to the actions that would attempt to put a harness on the newly freed slaves; these were the black codes.

The black codes were a term used for policies adopted across many of the southern states after the slaves had been freed and reconstruction began. Many of the “higher-ups” in southern society were busy holding conventions to make new policies to repress those new slaves, and due to their newly found freedom, the policy makers had to create some extremely creative means to make an attempt to subjugate the blacks without much ruckus.

Of all the southern states, Mississippi is most commonly known for its use of the black codes, and in many cases is cited as having the harshest stipulations on the ex-slaves. These new rules would compel the freed slaves to remain under the watchful eye of their past masters. The first section of these policies was to force blacks to be unable to lease any land if it wasn't in either a town or city. The second part of this particular policy enacts rules that force all black people(s) to have a lawful home or proof of employment from local authorized officials. This pushed the newly freed black people into a very difficult corner. Given than many of the pieces of land within the towns and cities would be well out of the pay grade of the backs, it forces them to take upon work, most likely under someone they know. One of the most staggering pieces of legislation passed was that of “An Act to Regulate the relation of Master and Apprentice.” This rule alone makes sure that many of the children of former slaves would remain under the control of previous owners of the parent, or said child. It was also extremely frowned upon for any person to assist any of these children (who may range to nearly 18 years of age) in running away, by providing shelter, food, or even clothing. It is my belief, that this was simply an act in order to retain free labor from former slaves by their owners.

However, this is just the case in Mississippi, these rules stretched across the south, and even though Mississippi is known for its harsh laws against the slaves, South Carolina had just as bad, if not worse laws in place to diminish the prowess of the blacks. One of the South Carolina’s legislation's more prominent clauses concerns the sale of farming products. This law stated that any black person living on a farm couldn't sell the fruits of their labor without written authority. The punishment was to be fined, and if the fine was not paid immediately, the penalty would be a beating. In the following year, 1966 Florida passed new laws in similar fashion to these. Many of the punishments for breaking the Floridian law were to be punished by essentially slave labor to pay for their actions. Almost all of the states had a ways to keep black people from becoming prominent or even successful in the states in which they resided. Many of the blacks had to partake in sharecropping with former masters for very little pay or compensation.  There was very little that blacks could do in the way of making a living or even a comfortable life. Many were considered vagrants and were simply put in jail for doing little-to even in some cases, no crime. No matter how you look at the pieces of legislation, you can clearly see that it was an attempt to hold on to slavery in any way possible in the face of their freedom.

Wilson, Theodore Brantner. The Black Codes of the South. University: University of Alabama Press, 1965.