Saturday, January 7, 2012

Mississippi Black Codes


During the beginning of the Civil war, the goal of the North was to stop the expansion of slavery through the power of the federal government. The South, which was on defense, promoted expansion of slavery and that the state’s had the right to choose which to be, slave or non-slave. In the end, the North won the Civil War. It enforced that slaves were now free, using its federal power, in the South. However, this court document from Mississippi demonstrates the early power struggle the whites possessed to once against control the backs. Southerns, who were so dependent on the old order, wanted the huge, cheap work pool they once had. These Black Codes reinforced that blacks were the inferior race and must be kept under white control. Whites protected themselves by using their newly created legislatures to pass laws in their state, which were on the borderline of legal, to create a system that was slavery expect in name. The labor system returned with a boom. Ensuring a labor force, blacks were forced to stay on plantations with contracts of service and severe penalties for vagrancy. The white authorities were allowed to abuse their powers and impose on privacy without reprimand. This particular set of Black Codes was passed in the same year as when the Civil War ended.

Each law applied to mulattos, those of mixed blood, freedmen, and free blacks, which narrowed the field of who was most affected by these Codes. In this document, some things were given as rights, but with strings attached. Blacks could now acquire property, but cannot lease it out unless they owned it inside an incorporated town. Men and women, who lived and acted as husband and wife, were now recognized as a legal binding. However, interracial marriage was punishable by prison for the rest of their lives and deemed a felony. Advances in law rights was that blacks could sue and be sued in all civil cases and be a competent witness where they are the victim in criminal trials. However, employment was where the most length was added. If a black was working for longer than a month, they needed to sign a written contract, which duplicates are made, and could not quit until the contract was up. Blacks could be arrested for playing hooky or refusing to work, by authorities. They are then taken back to their employer, which the party that takes them in is paid five dollars (back then was a lot of money). Even persuading or trying to is a misdemeanor. Children were also included in the codes. Any minor under eighteen, who was deemed to be in unfit care, orphaned, or not wanted by parents, could be removed and given as an apprenticeship to a master/mistress. These guardians are chosen by the all white court and are more likely than not, to be white themselves. Like a parent, the master or mistress could deliver corporal punishment, as long as it was not cruel or inhumane. Black’s personal time was also monitored. Vagrancy was defined very broadly, leaving authorities to do as they please. Any blacks over eighteen were not allowed to assemble unlawfully, day or night. White men were severely punished for sleeping with a black and for associating with blacks like equals. Blacks, not in the military or licensed to carry, cannot carry a gun, knife or ammunition. For countless misdemeanors, if a black is convicted and fails to pay the fines and costs, is hired out to a sheriff, other official, or to any white person that pays the costs.

This document completed the goal of the South’s goal; slavery in all, but name. They successfully violated most rights to citizens of the United States, which blacks were now. The right to freedom of religion was violated, when they said that you cannot preach the Gospel with being licensed and being a part of an established church. Freedom of speech was violated, when it was illegal to say verbal insults and seditious speeches. Right to bear arms was violated, when black were told they cannot carry weapons without being in the military or being licensed, in which was rare for whites to have either. Even liberty was violated, when you have severe limitation of the free time of other people. Freedom of assembly was violated, when blacks cannot ‘unlawfully’ assemble, day or night. There was no equal protection under the law or right to due process in the South, the law was completely in the hands of the whites, where they preferred it. Blacks look at these Codes in horror. They finally become free, only to have limits put on the rights they now deserve. These laws threatened families, who were in a different type of poverty as compared to whites, to take away children. Their already low income was constantly under threat for court costs and fines. Employers were now like the slaveholders all over again. Whites, on the other hand, saw this as a few yards back to the Old Order. Blacks were under their thumb as the inferior race. It was a few steps closer to their prefect system of labor and profit. I look at these Codes as a fact. They happened and it was to be expected. Taking away a system of dependence from people with more power and resources causes them to fight for more power back.  These Codes were of not honor, lawfulness, or chivalry, but one of selfish greed, racism and control over people. However, in the time period, it makes sense for their creation, but it doesn’t mean that they are lawful and just. 

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