“Black Codes”

From “The Hidden Roots of White Supremacy: and the Path to a Shared American Future” by Robert P. Jones

Planter bewilderment at the demise of the Confederacy, however, soon gave way to an ironclad resolve to restore the power dynamics of the master-slave hierarchy by other means, using all tools at their disposal: political, religious, social, and economic. The words of one Yazoo Delta planter in 1866 capture this worldview: “I think God intended the niggers to be slaves. Now since man has deranged God’s plan, I think the best we can do is keep ‘em as near to a state of bondage as possible…My theory is, feed ‘em well, clothe ‘em well, and then, if they don’t work…whip ‘em well.”

The infamous “Black Codes” passed by the Mississippi legislature in November 1865, contained a raft of onerous provisions designed to keep Black people dependent on their former masters, both socially and economically. Blacks were prevented from carrying weapons, consuming alcohol, and from having any standing in a court of law as a plaintiff or witness against whites. Anticipating the power of Black religious organization, Black citizens were prohibited from “assembling themselves together, either in the day or night,” and Black religious leaders could not preach without a license issued by white authorities. The Black Codes also enshrined into law the countless daily deferences demanded by whites in the social caste system; Blacks accused by whites of “mischief” or “insulting gestures” were subject to arrest. The penalty for intermarriage was “confinement in the State penitentiary for life.”

In addition to these systems of social control, the Black Codes contained draconian economic provisions. Blacks were prohibited from leasing land outside cities, and all freedmen were required to sign an annual labor contract with a white landowner. Any who refused could be arrested for vagrancy and have their labor auctioned off to the highest bidder. The laws even extended white control over Black children. Orphans or children of freedmen under eighteen could be forcibly apprenticed to any “competent” white person, with the former white wonder of the Black family given first priority.

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