Law Forum : Black Laws - Black Codes

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Black Laws

Black Laws — What are known as the "Black Laws" in Kansas history were passed by the first territorial legislature in 1855. Holloway (p. 403) says the author of these laws were Joseph C. Anderson, afterward the prosecuting attorney that conducted the cases against the free-state men belonging to Maj. Harvey's command who were captured near Hickory Point in Sept., 1856.

The objects of these laws were to encourage the introduction of slavery into the Territory of Kansas, and to provide severe penalties for the persons who interfered with slave property. Every one inciting an insurrection or rebellion of slaves in the territory, furnishing arms to slaves or committing "any overt act in furtherance of such rebellion or insurrection," or advising by speech, written or printed matter slaves to rebel, or who would bring into the territory for circulation any book, pamphlet or circular for the purpose of inciting insurrection should suffer the death penalty. Persons enticing slaves away from their masters, or who aided in any way in persuading slaves to leave their owners were subject to imprisonment for ten years. Advising a slave to escape or harboring a runaway slave subjected the offender to imprisonment for five years, and there were some lighter penalties for minor offenses, but the above include the principal features of the so-called "Black Laws." Persons opposed to slavery were disqualified from acting as jurors in the trial of those charged with the violation of the laws.

http://skyways.lib.ks.us/genweb/archives/1912/b/black_laws.html



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Black Codes

"Negroes must make annual contracts for their labor in writing; if they should run away from their tasks, they forfeited their wages for the year. Whenever it was required of them they must present licenses (in a town from the mayor; elsewhere from a member of the board of police of the beat) citing their places of residence and authorizing them to work. Fugitives from labor were to be arrested and carried back to their employers. Five dollars a head and mileage would be allowed such negro catchers. It was made a misdemeanor, punishable with fine or imprisonment, to persuade a freedman to leave his employer, or to feed the runaway. Minors were to be apprenticed, if males until they were twenty-one, if females until eighteen years of age. Such corporal punishment as a father would administer to a child might be inflicted upon apprentices by their masters. Vagrants were to be fined heavily, and if they could not pay the sum, they were to be hired out to service until the claim was satisfied. Negroes might not carry knives or firearms unless they were licensed so to do. It was an offence, to be punished by a fine of $50 and imprisonment for thirty days, to give or sell intoxicating liquors to a negro. When negroes could not pay the fines and costs after legal proceedings, they were to be hired at public outcry by the sheriff to the lowest bidder...."

"In South Carolina persons of color contracting for service were to be known as "servants," and those with whom they contracted, as "masters." On farms the hours of labor would be from sunrise to sunset daily, except on Sunday. The negroes were to get out of bed at dawn. Time lost would be deducted from their wages, as would be the cost of food, nursing, etc., during absence from sickness. Absentees on Sunday must return to the plantation by sunset. House servants were to be at call at all hours of the day and night on all days of the week. They must be "especially civil and polite to their masters, their masters' families and guests," and they in return would receive "gentle and kind treatment." Corporal and other punishment was to be administered only upon order of the district judge or other civil magistrate. A vagrant law of some severity was enacted to keep the negroes from roaming the roads and living the lives of beggars and thieves."


Distinction from Jim Crow laws

The Black Codes of the 1860s are not the same as the Jim Crow laws. The Black Codes were in reaction to the abolition of slavery and the South's defeat in the Civil War. Southern legislatures enacted them in the 1860s. The Jim Crow era began later, nearer to the end of the 19th century. The Jim Crow Laws were after Reconstruction.

http://en.wikipedia.org/wiki/Black_Codes_(United_States)


Destee Note : the above is from wikipedia and says that Black Codes (if that is the same as Black Laws?) were a response to the abolition of slavery, but in the first post abve, it's clear that Black Laws existed prior to 1860, and the supposed abolition of slavery.



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Black Laws of 1807 (Ohio)

Black Laws of 1807

The Ohio legislature passed a series of laws in 1807 to discourage African American migration to the state.

Although slavery was not allowed in Ohio as part of the Constitution of 1803, most African Americans were not treated as equals to white people in the new state. Many Ohioans had come from Southern states that allowed slavery and were not willing to grant rights to African Americans. Other Ohioans were concerned about economic competition from free blacks who might choose to move to the state. As a result of these sentiments, as early as 1804, Ohio legislators had implemented black laws. The 1807 laws were a continuation of these earlier laws.

Among other provisions, these laws required black people to prove that they were not slaves and to find at least two people who would guarantee a surety of five hundred dollars for the African Americans' good behavior. The laws also limited African Americans' rights to marry whites and to gun-ownership, as well as to several other freedoms that whites held. The Black Laws and other policies deterred some African Americans from settling in Ohio.

In the late 1840s, the Black Laws became a political issue once again. Members of the Free Soil Party pushed to have the laws repealed and were partially successful in doing so in 1849. The changes in the laws were accomplished in part because Ohio Democrats backed the Black Laws' repeal in exchange for Free Soil Party support of their candidates in the state legislature.

http://www.ohiohistorycentral.org/entry.php?rec=1505



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Ohio Black Laws - 1804


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.

Section 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.

Section 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.

Section 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.

Section 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.

Section 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.

Section 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.

http://afroamhistory.about.com/library/blohio_blacklaws.htm



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South Carolina Black codes and Jim Crow Laws

After the Civil War, white Southerners moved quickly to eliminate black people's newfound freedom. They wanted to return blacks, in effect, to their prewar status as slaves. In order to do this "legally," they passed new laws that appeared, on the surface, to be neutral and fair to all races. In actuality however, these laws were actually designed specifically to repress black people.

At first these laws were called Black Codes, but because of their deceptive nature, they eventually came to be known as the laws of Jim Crow.

South Carolina began to establish Black Codes immediately. The Constitution of 1865, passed only a few months after the Civil War ended, failed to grant African-Americans the right to vote. It also retained racial qualifications for the legislature. Consequently, black people had no power to combat the unfair laws. Some of the Black Codes that were passed around this time stated:

• "No person of color shall migrate into and reside in this state, unless, within twenty days after his arrival within the same, he shall enter into a bond with two freeholders as sureties"
  
  
• "Servants shall not be absent from the premises without the permission of the master"
  
  
• Servants must assist their masters "in the defense of his own person, family, premises, or property"
  
  
• No person of color could become an artisan, mechanic, or shopkeeper unless he obtained a license from the judge of the district court – a license that could cost $100 or more.

http://www.sciway.net/afam/reconstruction/blackcodes.html



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