Black Code Laws

In the United States, any of numerous laws enacted in the states of the former Confederacy after the American Civil War, in 1865 and 1866, designed to replace the social controls of slavery that had been removed by the Emancipation Proclamation and the Thirteenth Amendment to the Constitution and to assure continuance of white supremacy.
The black codes had their roots in the slave codes that had formerly been in effect. The general philosophy supporting the institution of chattel slavery in America was based on the concept that slaves were property, not persons, and that the law must protect not only the property but also the property owner from the danger of violence. Slave rebellions were not unknown, and the possibility of uprisings was a constant source of anxiety in colonies and then states with large slave populations. (In Virginia during 1780-1864, 1,418 slaves were convicted of crimes; 91 of these convictions were for insurrection and 346 for murder.) Slaves also ran away. In the British possessions in the New World, the settlers were free to promulgate any regulations they saw fit to govern their labour supply. As early as the 17th century, a set of rules was in effect in Virginia and elsewhere; but the codes were constantly being altered to adapt to new needs, and they varied from one colony, and later one state, to another.

All the slave codes, however, had certain provisions in common. In all of them the colour line was firmly drawn, and any amount of Negro blood established the race of a person, whether slave or free, as Negro. The status of the offspring followed that of the mother, so that the child of a free father and a slave mother was a slave. Slaves had few legal rights: in court their testimony was inadmissible in any litigation involving whites; they could make no contract, nor could they own property; even if attacked, they could not strike a white person. There were numerous restrictions to enforce social control: slaves could not be away from their owner’s premises without permission; they could not assemble unless a white person was present; they could not own firearms; they could not be taught to read or write, or transmit or possess “inflammatory” literature; they were not permitted to marry.

Obedience to the slave codes was exacted in a variety of ways. Such punishments as whipping, branding, and imprisonment were commonly used, but death (which meant destruction of property) was rarely called for except in such extreme cases as the rape or murder of a white person. White patrols kept the slaves under surveillance, especially at night. Slave codes were not always strictly enforced, but whenever any signs of unrest were detected the appropriate machinery of the state would be alerted and the laws more strictly enforced.

The black codes enacted immediately after the American Civil War, though varying from state to state, were all intended to secure a steady supply of cheap labour, and all continued to assume the inferiority of the freed slaves. There were vagrancy laws that declared a black to be vagrant if unemployed and without permanent residence; a person so defined could be arrested, fined, and bound out for a term of labour if unable to pay the fine. Apprentice laws provided for the “hiring out” of orphans and other young dependents to whites, who often turned out to be their former owners. Some states limited the type of property blacks could own, and in others blacks were excluded from certain businesses or from the skilled trades. Former slaves were forbidden to carry firearms or to testify in court, except in cases concerning other blacks. Legal marriage between blacks was provided for, but interracial marriage was prohibited.

It was Northern reaction to the black codes (as well as to the bloody antiblack riots in Memphis and New Orleans in 1866; see New Orleans Race Riot) that helped produce Radical Reconstruction (see Reconstruction) and the Fourteenth and Fifteenth amendments. The Freedmen’s Bureau was created in 1865 to help the former slaves. Reconstruction did away with the black codes, but, after Reconstruction was over, many of their provisions were reenacted in the Jim Crow laws, which were not finally done away with until passage of the Civil Rights Act of 1964.

Adam Clayton Powell, Jr

(b. Nov. 29, 1908, New Haven, Conn., U.S.–d. April 4, 1972, Miami, Fla.), black American public official and pastor who became a prominent liberal legislator and civil-rights leader.
Powell was the son of the pastor of the Abyssinian Baptist Church in Harlem, New York City. Brought up in a middle-class home, he received his B.A. from Colgate University (Hamilton, N.Y.) in 1930 and his M.A. from Columbia University in 1932. He succeeded his father as pastor of the Abyssinian Baptist Church in 1937 and eventually built up its membership to 13,000 people. With the church as his power base, Powell was able to build a formidable public following in Harlem through his crusades for jobs and housing for the poor. He won election to the New York City Council in 1941, becoming the first black man to serve on that body. In 1945 he won election to the U.S. House of Representatives as a Democrat from Harlem. There he began a long fight against racial segregation. He served 11 successive terms in the House and became chairman of its Education and Labor Committee in 1960. In that capacity he played a leading role in the passage of a minimum wage act, antipoverty acts, and bills supporting manpower training and federal aid to education, about 50 major pieces of social legislation in all.

Powell’s outspoken opposition to racism and his flamboyant lifestyle made him enemies, however, and in the early 1960s he became involved in a lawsuit with a woman who claimed he had wrongly accused her of collecting police graft. He was cited for contempt of court in 1966 for refusing to pay damages, and in 1967 the House voted to deprive him of his seat. He was nevertheless reelected in his district in 1968 but was then deprived by his colleagues in the House of his committee chairmanship and his seniority. In 1969 the U.S. Supreme Court decided that the action of the House in depriving him of his seat had been unconstitutional, but by that time Powell’s health was failing. After his defeat in the Democratic primary election of 1970, he resigned as pastor of the Abyssinian Baptist Church in 1971 and retired to the island of Bimini in The Bahamas

Alain LeRoy Locke

Alain LeRoy Locke was born on Sept. 13, 1886, in Philadelphia PA. He was an American educator, writer, and philosopher, who is best remembered as a leader and chief interpreter of the Harlem Renaissance.

He graduated from Harvard University (1907) with a degree in philosophy. Locke was the first black Rhodes scholar, studying at Oxford (1907-10) and the University of Berlin (1910-11). He received his Ph.D. in philosophy from Harvard (1918). For almost 40 years, until retirement in 1953 as head of the department of philosophy, Locke taught at Howard University, Washington, D.C.. During that time Locke became a distinguished member of Phi Beta Sigma Fraternity Inc.

Locke stimulated and guided artistic activities and promoted the recognition and respect of blacks by the total American community. Having studied African culture and traced its influences upon Western civilization, he urged black painters, sculptors, and musicians to look to African sources for identity and to discover materials and techniques for their work. He encouraged black authors to seek subjects in black life and to set high artistic standards for themselves. He familiarized American readers with the Harlem Renaissance by editing a special Harlem issue for Survey Graphic (March 1925), which he expanded into The New Negro (1925), an anthology of fiction, poetry, drama, and essays.

Locke edited the Bronze Booklet studies of cultural achievements by blacks. For almost two decades he annually reviewed literature by and about blacks in Opportunity and Phylon, and from 1940 until his death he regularly wrote about blacks for the Britannica Book of the Year. His many works include Four Negro Poets (1927), Frederick Douglass, a Biography of Anti-Slavery (1935), Negro Art–Past and Present (1936), and The Negro and His Music (1936). He left unfinished materials for a definitive study of the contributions of blacks to American culture. His materials formed the basis for M.J. Butcher’s The Negro in American Culture (1956).

A humanist who was intensely concerned with aesthetics, Locke termed his philosophy “cultural pluralism” and emphasized the necessity of determining values to guide human conduct and interrelationships. Chief among these values was respect for the uniqueness of each personality, which can develop fully and remain unique only within a democratic ethos. Alain Locke passed away on June 9, 1954, in New York City.

Alexander Crummell

Alexander Crummell’s father (Boston Crummell) announced to his master that he would serve him no longer and left for freedom. Alexander was happy to be known as the boy who’s father could not be a slave. Boston Crummell lived in New York City among the most freedom conscious blacks of the time. Passing through the Crummell household would be John Russwarm, Samuel Cornish and other prominent blacks of the time. Among Alexander’s classmates at the New York African School were Henry Highland Garnet, Ira Aldridge and Samuel Ringgold Ward. Alexander was destined for greatness and his father assured his academic success by hiring private tutors.

Until recently, Alexander Crummell was not often discussed in black history yet his influence on Black people during his time has survived to this day. He was a scholar, college professor, preacher, advocate for the emigration of Blacks to Africa and advocate of African self help.

Crummell left the United States in 1847 for England and Liberia for nearly a quarter century. During his stay in Liberia he worked as a missionary for the Episcopal Church and professor at Liberia College. Crummell found the racism of the mulattos in Liberia to be intolerable which caused him to return to the United States.

In 1873 he returned to Washington DC. There he was appointed “missionary at large of the colored people.” In Washington he planned and realized his vision of the church in the black community. His vision was that the black church should be a place of worship and social service. In 1880 he established Saint Luke’s Church that would fulfill his vision. Many younger black ministers would seek to duplicate Crummell’ss achievements in shaping the role of the black church in the community. Crummell took the lead in encouraging black ministers in Washington to join together and establish charitable institutions for the race. He organized the Black Episcopal clergy to fight racism in the church.

His contribution to African American life went beyond the doors of the church. He was instrumental in establishing the American Negro Academy, a national organization of the best educated an prominent African Americans. There is little doubt that this organization and Crummell inspired W.E.B. DuBois’ idea of a “talented tenth.”

Crummell emphasized African-American self help and the need for education that was solid and practical. He developed this idea independent of Booker T. Washington of whom he was highly critical. Alexander Crummell was among the first black nationalist. His ideas to improve the moral, intellectual, economic and cultural conditions of black people played an important role in preparing Blacks for the twentieth century.