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Black Code

The Black Codes were laws passed on the state and local level in the United States to restrict the civil rights and civil liberties of African Americans, particularly former slaves. more...

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Codes

The Black Codes excluded African-Americans from some professions, forbade interracial marriage, and prohibited the use of firearms. Taking advantage of freedmen's economic vulnerability, the black codes also permitted freedmen to be forced into labor once convicted of vagrancy. They were designed to regulate the affairs of the emancipated blacks and aimed to ensure a stable and subservient labor force.

History

Black Codes are most commonly associated with the adopted in the Southern states after the American Civil War until the beginning of Reconstruction to regulate the freedoms of former slaves. The Black Codes developed over the span of half a century or more and may date to the early 19th century in some Northern states.

Early Midwest

Before the civil war, Ohio, Indiana, Illinois, Michigan, and Wisconsin entered the union as free states. In the early 19th century, however, negrophobia prompted a call for statutory regulations and restrictions on free blacks who resided in or moved through their territory. In several cases these restrictions amounted to an outright ban on blacks from owning property, contracting, or taking up residence in certain states. Ohio's state legislature adopted the Ohio Black Codes, one of the first immigration laws against freedmen in 1804. The territorial legislature of Illinois followed suit in 1813 by enacting an outright prohibition against free black settlers within its borders. Enacted in 1804 and 1807, the Ohio Black Codes were meant to stop Blacks from moving to Ohio. The most onerous of these was a law that required Blacks to pay a $500 bond signed by two white men within 20 days of arrival in order to remain in the state.

Expansion: 1830-1860

As the abolitionist movement gained steam and escape programs for slaves such as the Underground Railroad expanded, so did the backlash of negrophobia among whites in the North. Indiana passed an anti-miscegenation statute in 1845. In several states the Black Codes were either incorporated into or required by their state constitutions, many of which were rewritten in the 1840s. Article 13 of Indiana's 1851 Constitution stated that "No Negro or Mulatto shall come into, or settle in, the State, after the adoption of this Constitution." The 1848 Constitution of Illinois led to one of the harshest Black Code systems in the nation until the Civil War. The Illinois Black Code of 1853 extended a complete prohibition against black immigration into the state.