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Black Codes (United States)

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United States

In the United States, the Black Codes were laws passed by Southern states in 1865 and 1866, after the Civil War. These laws had the intent and the effect of restricting African Americans' freedom, and of compelling them to work in a labor economy based on low wages or debt. Black Codes were part of a larger pattern of Southern whites trying to suppress the new freedom of emancipated African American slaves, the freedmen.

From 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 reduce influence of free blacks (particularly after slave rebellions) because of their potential influence on slaves. Restrictions included prohibiting them from voting (although North Carolina allowed this before 1831), bearing arms, gathering in groups for worship and learning to read and write. A major purpose of these laws was to preserve slavery.

In the first two years after the Civil War, white-dominated southern legislatures passed Black Codes modeled after the earlier slave codes. They were particularly concerned with controlling movement and labor, as slavery had given way to a free labor system. Although freedmen had been emancipated, their lives were greatly restricted by the Black Codes.

The term Black Codes was given by "negro leaders and the Republican organs", according to historian John S. Reynolds. 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 on this topic.

Vagrancy laws date back to the end of feudalism in Europe. Introduced by aristocratic and landowning classes, they had the dual purpose of restricting access of "undesirable" classes to public spaces and of ensuring a labor pool. Serfs were not emancipated from their land.


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