Black Codes (United States)

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The Black Codes, sometimes called the Black Laws, were laws which governed the conduct of African Americans (both free and freedmen). In 1832, James Kent wrote that "in most of the United States, there is a distinction in respect to political privileges, between free white persons and free colored persons of African blood; and in no part of the country do the latter, in point of fact, participate equally with the whites, in the exercise of civil and political rights."^[1] Although Black Codes existed before the Civil War and although many Northern states had them, the Southern U.S. states codified such laws in everyday practice. The best known of these laws were passed by Southern states in 1865 and 1866, after the Civil War, in order to restrict African Americans' freedom, and in order to compel them to work for either low or no wages.

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. Free men of color were denied the vote in the North Carolina Constitutional Convention of 1835.^[2] Restrictions included 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,^[3] 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 Some of the Northern states, those which had them, repealed such laws around the same time that the Civil War ended and slavery was abolished by constitutional amendment.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.^[4][5][6]) 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.^[7]