EOTO: Black Codes

Black codes are restrictive laws designed to limit the freedoms of African Americans and ensure their availability as cheap labor after the end of the Civil War. The primary purpose of black codes was to restrict African Americans' labor and activity. Black codes had an extremely negative effect on the African-American population in the United States.

They were first enacted in 1865 in many different Southern states. There was a loophole in the 13th Amendment that allowed for these black codes to be possible. The 13th amendment prohibits slavery and servitude in all circumstances “except as punishment for a crime”. What Southern states would do is criminalize simple activities like ‘loitering’ so that if a group of African Americans were standing in a group and talking it would be considered a crime. This would allow for slavery and servitude as punishment. Debt peonage was another way to institute servitude. Failure to pay fines allowed Southern states to order black people to work off their balances. This was considered debt peonage. This was easy to institute because African Americans were making such little money that any fee presented to them, they would be unlikely to pay. 

Another common form of black codes were ones that restricted voting. The Grandfather Clause was where a man could only vote if he had an ancestor that voted before 1867. This got rid of most black people’s right to vote because they couldn’t vote until the 14th Amendment was put in place. Literacy tests were another way to restrict voting rights. These tests would be presented by a law clerk and had to be passed in order to vote. African-American voters would be given a far harder test than white voters. The white voters would pass and be able to vote, completely outnumbering African Americans. 

Segregation was a way to socially isolate black people from the rest of the population. Separated public schools were particularly bad because they allowed for black children to get an inferior education to white people. Segregation in other places gave black people an inferior lifestyle to white people. Oftentimes the transportation or bathrooms or water fountains wouldn’t be as nice for black people as white people. This also created social isolation. 

Different states had different black codes. For example, Mississippi had a law that required African Americans to have written proof of employment for the following year. They were forced to forfeit earlier wages and subject to arrest if they left before the end of the contract. South Carolina law requires black people to have a job as a farmer or servant or else they have to pay a 50 or 100 dollar fine. 

Overall, the effect of black codes was seen throughout the nation. African Americans were segregated from the rest of the population. Their rights were being infringed on, and they were treated less than everyone else. Black codes trumped African American rights and were not stopped until the Civil Rights Act of 1866 was passed. African Americans were given the right to rent or own property, and bring cases before courts.