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Following the Civil War, southern legislatures created the Black Codes to regulate the civil and legal rights and responsibilities of former slaves and free Blacks. In the face of the devastation caused by the Civil War and the ensuing economic depression in the agriculturally based economy, severe restrictions were imposed on Black people so that they would not gain legal, political, economic, and social rights. Indeed, the Black Codes were designed to maintain White control over the Black population. While the Black Codes were different from restrictions during slavery, they placed the states in a position similar to that of the former slave masters.

Black Codes not only controlled the lives of Black people but also were the source of free labor, which was needed to replace the abolished slave labor. Since the Thirteenth Amendment allows slavery as a punishment for a criminal conviction, several states enacted vagrancy and other racially based laws to alleviate the South's labor shortage. Since Blacks were often snagged by these vagrancy laws, and were unable to pay fines, they increasingly became enmeshed in the criminal justice system. This led to an increase in the Black prison population and provided a legal foundation for forced labor as a punishment.

This entry provides an overview of the Black Codes by explaining the various forms of the racialized laws and their effects, including their use as the basis for a changing prison system. The differences among the Black Codes, antebellum Slave Codes, and Jim Crow segregation laws are also examined.

Examples of Black Codes

The Black Codes varied from state to state but most regulated employment. In addition to requiring Black people to work, the codes dictated the type of work to be performed, work hours, duties, and prescribed behavior. For instance, in South Carolina, the Black Codes restricted former slaves from any occupation other than as agricultural workers or household servants unless they obtained a special license and paid an annual tax. In addition, Black people were often restricted from renting or leasing land outside a town or city, which meant that they could not raise their own crops. As a result, Blacks were often forced to work on agricultural lands owned by Whites.

In addition to restricting the type of work Black people could perform, residency within towns and cities was often discouraged. For example, local Louisiana ordinances prohibited urban residency unless a White employer agreed to be responsible for his employee's conduct.

Freedom to travel was also restricted. To enter the town of Opelousas, Louisiana, for instance, Blacks needed written permission from their employer. A Black person without such a note could be arrested and imprisoned if found in the town after 10 p.m.

In addition to employment and residency restrictions, the Black Codes prohibited the right to vote, required poll taxes and literacy tests to vote, forbade being on juries, limited the right to testify against White men, outlawed interracial marriage, restricted carrying weapons in public places, prohibited preaching the gospel without a license, banned the use of insult gestures or language directed toward a White person, and forbade doing “malicious mischief,” which was broadly defined. Conviction for any of these could result in a fine or forced labor, including on plantations.

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