The Black Codes of Louisiana,
 Mississippi, and Ohio

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BLACK CODES

As newly freed slaves would soon learn, freedom was not as they had anticipated.  White southerners were anxious to regain power over them and used the law in order to achieve that objective.  In 1865, southerners created Black Codes, which served as a way to control and inhibit the freedom of ex-slaves.  Codes controlled almost all aspects of life and prohibited African Americans from the freedoms that had been won. 

Not only did whites want to control ex-slaves, but also they needed laborers.  While things could no longer be exactly the same as in slavery, they found a way to guarantee that blacks would serve as their laborers.  To do this, they created Black Codes.  While Codes were unique to the post-Civil War south, they encompassed some of the antebellum restrictions on free blacks, northern apprenticeship laws, and the Freedmen's Bureau and the War Department regulations.  Codes regulated civil and legal rights, from marriage to the right to hold and sell property to the predestined definition of African Americans as agricultural laborers.  

Laws were different in each state but most embodied the same kinds of restrictions.  Commonly, codes compelled freedmen to work.  In many states, if unemployed, African Americans faced the potential of being arrested and charged with vagrancy.  Many of those that did work had their day regulated.  Codes dictated their hours of labor, duties, and the behavior assigned to them as agricultural workers.

Black Codes left African Americans with little freedom.  Even the freedom to chose a type of work was often regulated.  Many white southerners believed blacks were predestined to work as agricultural laborers.  In addition, the advantage of regulating occupations provided them with laborers.  In South Carolina, for example, a special license and certificate from a local judge attesting to a freedman's skill had to be obtained in order to pursue work in any occupation other than in agriculture or domestic work.  

Self-sufficiency was also discouraged.  Codes prevented African Americans from raising their own crops.  In Mississippi, for instance, they were restricted from renting or leasing any land outside of cities or towns and black ownership was left up to local authorities.  

Almost every aspect of life was regulated, including the freedom to roam.  Often blacks were prohibited from entering towns without permission.  In Opelousas, Louisiana blacks needed permission from their employer to enter the town.  A note was required and it had to state the nature and length of the visit.  Any black found without a note after ten o'clock at night was subject to imprisonment.  Residency within towns and cities was also discouraged.  Local ordinances in Louisiana made it almost impossible for blacks to live within the towns or cities.  Residency was only possible if a white employer agreed to take responsibility for his employee's conduct.

The creators of the codes did not try to hide the obvious bias and prejudice.  Not surprisingly, by 1866, Black Codes were suspended by Federal officials who deemed that the codes were too harsh and decided that blacks should be subject to the same penalties and regulations as whites. 

 

LOUISIANA - AN ACT
Relative to apprentices and indentured servants.

Section 1. Be it enacted by the Senate and House of Representatives of the State of Louisiana, in General Assembly convened, That it shall be the duty of Sheriffs, Justices of the Peace and other civil officers of this State, to report to the Clerks of the District Courts of their respective Parishes, and in the Parish of Orleans (left bank) to the Mayor of the City of New Orleans, and on the right bank to the President of the Police Jury, on the first Monday of each month, for each and every year, all persons under the age of eighteen years, if females, and twenty-one, if males, who are orphans, or whose parent, parents, or tutor, have not the means, or who refuse to provide for and maintain said minors; and, thereupon, it shall be the duty of the Clerks of the District Courts, Mayor and President of the Police Jury aforesaid, to examine whether the party or parties, so reported from time to time, come within the purview and meaning of this Act, and if so, to apprentice said minor or minors, in manner and form as prescribed by the Civil Code of the State of Louisiana; provided, that orphans coming under the provisions of this Act shall be authorized to select said employers when they have arrived at the age of puberty, unless they shall have been previously apprenticed; provided, that any indenture of apprentice or indented servant, made before a Justice of the Peace and two disinterested witnesses, and the original deposited with and recorded by the Recorder of Mortgages for the Parish, in a book provided for that purpose, shall be valid and binding on the parties, and when made by the clerk, shall be also deposited with the Recorder of Mortgages, and all expenses for passing said acts of indenture shall be paid by the employer.

Sec. 2. Be it further enacted, &c., That persons who have attained the age of majority, whether in this State or any other State of the United States, or in a foreign country, may bind themselves to services to be performed in this country, for the term of five years, on such terms as they may stipulate, as domestic servants and to work on farms, plantations or in manufacturing establishments, which contracts shall be valid and binding on the parties to the same.

Sec. 3. Be it further enacted, &c., That in all cases, when the age of the minor cannot be ascertained by record testimony, the Clerks of the District Courts, Mayor and President of the Police Jury, or Justices of the Peace aforesaid, shall fix the age, according to the best evidence before them.

Sec. 4. Be it further enacted, &c., That all laws or parts of laws conflicting with the provisions of this Act, be, and the same are hereby repealed, and that this Act take effect from and after its passage.


DUNCAN S. CAGE, Speaker of the House of Representatives.
ALBERT VOORHIES, Lieutenant Governor and President of the Senate.

Approved December 21, 1865.

J. MADISON WELLS
Governor of the State of Louisiana

 

 

MISSISSIPPI

An Act to Confer Civil Rights on Freedmen, and for other Purposes

Section 1. All freedmen, free negroes and mulattoes may sue and be sued, implead and be impleaded, in all the courts of law and equity of this State, and may acquire personal property, and chooses in action, by descent or purchase, and may dispose of the same in the same manner and to the same extent that white persons may: Provided, That the provisions of this section shall not be so construed as to allow any freedman, free negro or mulatto to rent or lease any lands or tenements except in incorporated cities or towns, in which places the corporate authorities shall control the same.

Section 2. All freedmen, free negroes and mulattoes may intermarry with each other, in the same manner and under the same regulations that are provided by law for white persons: Provided, that the clerk of probate shall keep separate records of the same.

Section 3. All freedmen, free negroes or mullatoes who do now and have herebefore lived and cohabited together as husband and wife shall be taken and held in law as legally married, and the issue shall be taken and held as legitimate for all purposes; and it shall not be lawful for any freedman, free negro or mulatto to intermarry with any white person; nor for any person to intermarry with any freedman, free negro or mulatto; and any person who shall so intermarry shall be deemed guilty of felony, and on conviction thereof shall be confined in the State penitentiary for life; and those shall be deemed freedmen, free negroes and mulattoes who are of pure negro blood, and those descended from a negro to the third generation, inclusive, though one ancestor in each generation may have been a white person.

Section 4. In addition to cases in which freedmen, free negroes and mulattoes are now by law competent witnesses, freedmen, free negroes or mulattoes shall be competent in civil cases, when a party or parties to the suit, either plaintiff or plaintiffs, defendant or defendants; also in cases where freedmen, free negroes and mulattoes is or are either plaintiff or plaintiffs, defendant or defendants. They shall also be competent witnesses in all criminal prosecutions where the crime charged is alleged to have been committed by a white person upon or against the person or property of a freedman, free negro or mulatto: Provided, that in all cases said witnesses shall be examined in open court, on the stand; except, however, they may be examined before the grand jury, and shall in all cases be subject to the rules and tests of the common law as to competency and credibility.

Section 5. Every freedman, free negro and mulatto shall, on the second Monday of January, one thousand eight hundred and sixty-six, and annually thereafter, have a lawful home or employment, and shall have written evidence thereof as follows, to wit: if living in any incorporated city, town, or village, a license from that mayor thereof; and if living outside of an incorporated city, town, or village, from the member of the board of police of his beat, authorizing him or her to do irregular and job work; or a written contract, as provided in Section 6 in this act; which license may be revoked for cause at any time by the authority granting the same.

Section 6. All contracts for labor made with freedmen, free negroes and mulattoes for a longer period than one month shall be in writing, and a duplicate, attested and read to said freedman, free negro or mulatto by a beat, city or county officer, or two disinterested white persons of the county in which the labor is to performed, of which each party shall have one: and said contracts shall be taken and held as entire contracts, and if the laborer shall quit the service of the employer before the expiration of his term of service, without good cause, he shall forfeit his wages for that year up to the time of quitting.

Section 7. Every civil officer shall, and every person may, arrest and carry back to his or her legal employer any freedman, free negro, or mulatto who shall have quit the service of his or her employer before the expiration of his or her term of service without good cause; and said officer and person shall be entitled to receive for arresting and carrying back every deserting employee aforesaid the sum of five dollars, and ten cents per mile from the place of arrest to the place of delivery; and the same shall be paid by the employer, and held as a set off for so much against the wages of said deserting employee: Provided, that said arrested party, after being so returned, may appeal to the justice of the peace or member of the board of police of the county, who, on notice to the alleged employer, shall try summarily whether said appellant is legally employed by the alleged employer, and has good cause to quit said employer. Either party shall have the right of appeal to the county court, pending which the alleged deserter shall be remanded to the alleged employer or otherwise disposed of, as shall be right and just; and the decision of the county court shall be final.

Section 8. Upon affidavit made by the employer of any freedman, free negro or mulatto, or other credible person, before any justice of the peace or member of the board of police, that any freedman, free negro or mulatto legally employed by said employer has illegally deserted said employment, such justice of the peace or member of the board of police issue his warrant or warrants, returnable before himself or other such officer, to any sheriff, constable or special deputy, commanding him to arrest said deserter, and return him or her to said employer, and the like proceedings shall be had as provided in the preceding section; and it shall be lawful for any officer to whom such warrant shall be directed to execute said warrant in any county in this State; and that said warrant may be transmitted without endorsement to any like officer of another county, to be executed and returned as aforesaid; and the said employer shall pay the costs of said warrants and arrest and return, which shall be set off for so much against the wages of said deserter.

Section 9. If any person shall persuade or attempt to persuade, entice, or cause any freedman, free negro or mulatto to desert from the legal employment of any person before the expiration of his or her term of service, or shall knowingly employ any such deserting freedman, free negro or mullato, or shall knowingly give or sell to any such deserting freedman, free negro or mulatto, any food, raiment, or other thing, he or she shall be guilty of a misdemeanor, and, upon conviction, shall be fined not less than twenty-five dollars and not more than two hundred dollars and costs; and if the said fine and costs shall not be immediately paid, the court shall sentence said convict to not exceeding two months imprisonment in the county jail, and he or she shall moreover be liable to the party injured in damages: Provided, if any person shall, or shall attempt to, persuade, entice, or cause any freedman, free negro or mullatto to desert from any legal employment of any person, with the view to employ said freedman, free negro or mullato without the limits of this State, such costs; and if said fine and costs shall not be immediately paid, the court shall sentence said convict to not exceeding six months imprisonment in the county jail.

Section 10. It shall be lawful for any freedman, free negro, or mulatto, to charge any white person, freedman, free negro or mulatto by affidavit, with any criminal offense against his or her person or property, and upon such affidavit the proper process shall be issued and executed as if said affidavit was made by a white person, and it shall be lawful for any freedman, free negro, or mulatto, in any action, suit or controversy pending, or about to be instituted in any court of law equity in this State, to make all needful and lawful affidavits as shall be necessary for the institution, prosecution or defense of such suit or controversy.

Section 11. The penal laws of this state, in all cases not otherwise specially provided for, shall apply and extend to all freedman, free negroes and mulattoes...


An Act to Regulate the Relation of Master and Apprentice, as Relates to Freedmen, Free Negroes, and Mulattoes

Section 1. It shall be the duty of all sheriffs, justices of the peace, and other civil officers of the several counties in this State, to report to the probate courts of their respective counties semiannually, at the January and July terms of said courts, all freedmen, free negroes, and mulattoes, under the age of eighteen, in their respective counties, beats, or districts, who are orphans, or whose parent or parents have not the means or who refuse to provide for and support said minors; and thereupon it shall be the duty of said probate court to order the clerk of said court to apprentice said minors to some competent and suitable person on such terms as the court may direct, having a particular care to the interest of said minor: Provided, that the former owner of said minors shall have the preference when, in the opinion of the court, he or she shall be a suitable person for that purpose.

Section 2. The said court shall be fully satisfied that the person or persons to whom said minor shall be apprenticed shall be a suitable person to have the charge and care of said minor, and fully to protect the interest of said minor. The said court shall require the said master or mistress to execute bond and security, payable to the State of Mississippi, conditioned that he or she shall furnish said minor with sufficient food and clothing; to treat said minor humanely; furnish medical attention in case of sickness; teach, or cause to be taught, him or her to read and write, if under fifteen years old, and will conform to any law that may be hereafter passed for the regulation of the duties and relation of master and apprentice: Provided, that said apprentice shall be bound by indenture, in case of males, until they are twenty-one years old, and in case of females until they are eighteen years old.

Section 3. In the management and control of said apprentices, said master or mistress shall have the power to inflict such moderate coporeal chastisement as a father or guardian is allowed to infliction on his or her child or ward at common law: Provided, that in no case shall cruel or inhuman punishment be inflicted.

Section 4. If any apprentice shall leave the employment of his or her master or mistress, without his or her consent, said master or mistress may pursue and recapture said apprentice, and bring him or her before any justice of the peace of the county, whose duty it shall be to remand said apprentice to the service of his or her master or mistress; and in the event of a refusal on the part of said apprentice so to return, then said justice shall commit said apprentice to the jail of said county, on failure to give bond, to the next term of the county court; and it shall be the duty of said court at the first term thereafter to investigate said case, and if the court shall be of opinion that said apprentice left the employment of his or her master or mistress without good cause, to order him or her to be punished, as provided for the punishment of hired freedmen, as may be from time to time provided for by law for desertion, until he or she shall agree to return to the service of his or her master or mistress: Provided, that the court may grant continuances as in other cases: And provided further, that if the court shall believe that said apprentice had good cause to quit his said master or mistress, the court shall discharge said apprentice from said indenture, and also enter a judgment against the master or mistress for not more than one hundred dollars, from the use and benefit of said apprentice, to be collected on execution as in other cases.

Section 5. If any person entice away any apprentice from his or her master or mistress, or shall knowingly employ an apprentice, or furnish him or her food or clothing without the written consent of his or her master or mistress, or shall sell or give said apprentice spirits without such consent, said person so offending shall be guilty of a misdemeanor, and shall, upon conviction there of before the county court, be punished as provided for the punishment of person enticing from their employer hired freedmen, free negroes or mulattoes.

Section 6. It shall be the duty of all civil officers of their respective counties to report any minors within their respective counties to said probate court who are subject to be apprenticed under the provisions of this act, from time to time as the facts may come to their knowledge, and it shall be the duty of said court from time to time as said minors shall be reported to them, or otherwise come to their knowledge, to apprentice said minors as hereinbefore provided.

Section 9. It shall be lawful for any freedman, free negro, or mulatto, having a minor child or children, as provided for by this act.

Section 10. In all cases where the age of the freedman, free negro, or mulatto cannot be ascertained by record testimony, the judge of the county court shall fix the age....


An Act to Amend the Vagrant Laws of the State

Section 1. All rogues and vagabonds, idle and dissipated persons, beggars, jugglers, or persons practicing unlawful games or plays, runaways, common drunkards, common night-walkers, pilferers, lewd, wanton, or lascivious persons, in speech or behavior, common railers and brawlers, persons who neglect their calling or employment, misspend what they earn, or do not provide for the support of themselves or their families, or dependents, and all other idle and disorderly persons, including all who neglect all lawful business, habitually misspend their time by frequenting houses of ill-fame, gaming-houses, or tippling shops, shall be deemed and considered vagrants, under the provisions of this act, and upon conviction thereof shall be fined not exceeding one hundred dollars, with all accruing costs, and be imprisoned, at the discretion of the court, not exceeding ten days.

Section 2. All freedmen, free negroes and mulattoes in this State, over the age of eighteen years, found on the second Monday in January, 1866, or thereafter, with no lawful employment or business, or found unlawful assembling themselves together, either in the day or night time, and all white persons assembling themselves with freedmen, Free negroes or mulattoes, or usually associating with freedmen, free negroes or mulattoes, on terms of equality, or living in adultery or fornication with a freed woman, freed negro or mulatto, shall be deemed vagrants, and on conviction thereof shall be fined in a sum not exceeding, in the case of a freedman, free negro or mulatto, fifty dollars, and a white man two hundred dollars, and imprisonment at the discretion of the court, the free negro not exceeding ten days, and the white man not exceeding six months.

Section 3. All justices of the peace, mayors, and aldermen of incorporated towns, counties, and cities of the several counties in this State shall have jurisdiction to try all questions of vagrancy in their respective towns, counties, and cities, and it is hereby made their duty, whenever they shall ascertain that any person or persons in their respective towns, and counties and cities are violating any of the provisions of this act, to have said party or parties arrested, and brought before them, and immediately investigate said charge, and, on conviction, punish said party or parties, as provided for herein. And it is hereby made the duty of all sheriffs, constables, town constables, and all such like officers, and city marshals, to report to some officer having jurisdiction all violations of any of the provisions of this act, and in case any officer shall fail or neglect any duty herein it shall be the duty of the county court to fine said officer, upon conviction, not exceeding one hundred dollars, to be paid into the county treasury for county purposes.

Section 4. Keepers of gaming houses, houses of prostitution, prostitutes, public or private, and all persons who derive their chief support in the employment's that militate against good morals, or against law, shall be deemed and held to be vagrants.

Section 5. All fines and forfeitures collected by the provisions of this act shall be paid into the county treasury of general county purposes, and in case of any freedman, free negro or mulatto shall fail for five days after the imposition of any or forfeiture upon him or her for violation of any of the provisions of this act to pay the same, that it shall be, and is hereby, made the duty of the sheriff of the proper county to hire out said freedman, free negro or mulatto, to any person who will, for the shortest period of service, pay said fine and forfeiture and all costs: Provided, a preference shall be given to the employer, if there be one, in which case the employer shall be entitled to deduct and retain the amount so paid from the wages of such freedman, free negro or mulatto, then due or to become due; and in case freedman, free negro or mulatto cannot hire out, he or she may be dealt with as a pauper.

Section 6. The same duties and liabilities existing among white persons of this State shall attach to freedmen, free negroes or mulattoes, to support their indigent families and all colored paupers; and that in order to secure a support for such indigent freedmen, free negroes, or mulattoes, it shall be lawful, and is hereby made the duty of the county police of each county in this State, to levy a poll or capitation tax on each and every freedman, free negro, or mulatto, between the ages of eighteen and sixty years, not to exceed the sum of one dollar annually to each person so taxed, which tax, when collected, shall be paid into the county treasurer's hands, and constitute a fund to be called the Freedman's Pauper Fund, which shall be applied by the commissioners of the poor for the maintenance of the poor of the freedmen, free negroes and mulattoes of this State, under such regulations as may be established by the boards of county police in the respective counties of this State.

Section 7. If any freedman, free negro, or mulatto shall fail or refuse to pay any tax levied according to the provisions of the sixth section of this act, it shall be prima facie evidence of vagrancy, and it shall be the duty of the sheriff to arrest such freedman, free negro, or mulatto, or such person refusing or neglecting to pay such tax, and proceed at once to hire for the shortest time such delinquent taxpayer to any one who will pay the said tax, with accruing costs, giving preference to the employer, if there be one.

Section 8. Any person feeling himself or herself aggrieved by judgment of any justice of the peace, mayor, or alderman in cases arising under this act, may within five days appeal to the next term of the county court of the proper county, upon giving bond and security in a sum not less than twenty-five dollars nor more than one hundred and fifty dollars, conditioned to appear and prosecute said appeal, and abide by the judgment of the county court; and said appeal shall be tried de novo in the county court, and the decision of the said court shall be final.

 

OHIO

Section 1. Be it enacted by the General Assembly of the State of Ohio , That from and after the first day of June next. no black or mulatto person shall be permitted to settle or reside in this state, unless he or she shall first produce a fair certificate from some court within the United States, of his or her actual freedom, which certificate shall be attested by the clerk of said court, and the seal thereof annexed thereto, by said clerk.

Sec. 2. And be it further enacted , That every black or mulatto person residing within this state, on or before the fifth day of June, one thousand eight hundred and four, shall enter his or her name, together with the name or names of his or her children, in the clerk's office in the county in which he, she or they reside, which shall be entered on record by said clerk, and thereafter the clerk's certificate of such record shall be sufficient evidence of his, her or their freedom; and for every entry and certificate, the person obtaining the same shall pay to the clerk twelve and an half cents. Provided nevertheless , That nothing in this act contained shall bar the lawful claim to any black or mulatto person.

Sec. 3. And be it further enacted , That no person or persons residents of this state, shall be permitted to hire, or in any way employ any black or mulatto person, unless such black or mulatto person shall have one of the certificates as aforesaid, under pain of forfeiting and paying any sum not less than ten nor more than fifty dollars, at the discretion of the court, for every such offense, one-half thereof for the use of the informer and the other half for the use of the state;and shall moreover pay to the owner, if any there be, of such black or mulatto person, the sum of fifty cents for every day he, she or they shall in any wise employ, harbour or secret such black or mulatto person, which sum or sums shall be recoverable before any court having cognizance thereof.

Sec. 4. And be it further enacted , That if any person or persons shall harbour or secret any black or mulatto person, the property of any person whatever, or shall in any wise hinder or prevent the lawful owner or owners from retaking and possessing his or her black or mulatto servant or servants, shall, upon conviction thereof, by indictment or information, be be fined in any sum not less than ten nor more than fifty dollars, at the discretion of the court, one-half thereof for the use of the informer and the other half for the use of the state.

Sec. 5. And be it further enacted , That every black or mulatto person who shall come to reside in this state with such certificate as is required in the first section of this act, shall, within two years, have the same recorded in the clerk's office, in the county in which he or she means to reside, for which he or she shall pay to the clerk twelve and an half cents, and the clerk shall give him or her a certificate of such record.

Sec. 6. And be it further enacted , That in case any person or persons, his or their agent or agents, claiming any black or mulatto person that now are or hereafter may be in this state, may apply, upon making satisfactory proof that such black or mulatto person or persons is the property of him or her who applies, to any associate judge or justice of the peace within this state, the associate judge or justice is hereby empowered and required, by his precept, to direct the sheriff or constable to arrest such black or mulatto person or persons and deliver the same in the county or township where such officers shall reside, to the claimant or claimants or his or their agent or agents, for which service the sheriff or constable shall receive such compensation as they are entitled to receive in other cases for similar services.

Sec. 7. And be it further enacted , That any person or persons who shall attempt to remove, or shall remove from this state, or who shall aid and assist in removing, contrary to the provisions of this act, any black or mulatto person or persons, without first proving as hereinbefore directed, that he, she or they, is or are legally entitled so to do, shall, on conviction thereof before any court having cognizance of the same, forfeit and pay the sum of one thousand dollars, one-half to the use of the informer and the other half to the use of the state, to be recovered by action of debt, qui tam , or indictment, and shall moreover be liable to the action of the party injured.

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