How and why did many Southerners attempt to stop the laws Congress passed? (Be sure to explain the Black Codes and other groups that persecuted the African Americans.)

Overview

When slavery was abolished at the end of the Civil War, southern states created black codes, laws which aimed to keep white supremacy in place.

Black codes attempted to economically disable freed slaves, forcing African Americans to continue to work on plantations and to remain subject to racial hierarchy within the southern society.

Black codes gave rise to a new wave of radical Republicanism in Congress, and the eventual move towards enshrining racial equality into the Constitution. However, black codes also set precedent for Jim Crow laws.

Black codes

As the Civil War came to a close, southern states began to pass a series of discriminatory state laws collectively known as black codes. While the laws varied in both content and severity from state to state—some laws actually granted freed people the right to marry or testify in court— these codes were designed to maintain the social and economic structure of racial slavery in the absence of the “peculiar institution.” The laws codified white supremacy by restricting the civic participation of freed people; the codes deprived them of the right to vote, the right to serve on juries, the right to own or carry weapons, and, in some cases, even the right to rent or lease land.

Slavery had been a pillar of economic stability in the region before the war; now, black codes ensured the same stability by recreating the antebellum economic structure under the façade of a free-labor system. Adhering to new “apprenticeship” laws determined within the black codes, judges bound many young African American orphans to white plantation owners who would then force them to work. Adult freedmen were forced to sign contracts with their employers—who were oftentimes their previous owners. These contracts prevented African Americans from working for more than one employer, and therefore, from positively influencing the very low wages or poor working conditions they received.

Any former slaves that attempted to violate or evade these contracts were fined, beaten, or arrested for vagrancy. Upon arrest, many “free” African Americans were made to work for no wages, essentially being reduced to the very definition of a slave. Although slavery had been outlawed by the Thirteenth Amendment, it effectively continued in many southern states.

The Black Codes Laws

After the United States Civil War, state governments that had been part of the Confederacy tried to limit the voting rights of black citizens and prevent contact between black and white citizens in public places.

After the Civil War ended in 1865, some states passed black codes that severely limited the rights of black people, many of whom had been enslaved. These codes limited what jobs African Americans could hold, and their ability to leave a job once hired. Some states also restricted the kind of property black people could own. The Reconstruction Act of 1867 weakened the effect of the black codes by requiring all states to uphold equal protection under the 14th Amendment, particularly by enabling black men to vote. (U.S. law prevented women of any race from voting in federal elections until 1920.)

During Reconstruction, many black men participated in politics by voting and by holding office. Reconstruction officially ended in 1877, and southern states then enacted more discriminatory laws. Efforts to enforce white supremacy by legislation increased, and African Americans tried to assert their rights through legal challenges. However, this effort led to a disappointing result in 1896, when the Supreme Court ruled, in Plessy v. Ferguson, that so-called “separate but equal” facilities—including public transport and schools—were constitutional. From this time until the Civil Rights Act of 1964, discrimination and segregation were legal and enforceable.

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