CE

Detailed Study Notes on the Mississippi Black Code, 1865

Overview of the Mississippi Black Code, 1865

The Mississippi Black Code, enacted in 1865, represents a series of laws designed to impose social and economic control over African Americans in the post-Civil War era. These laws aimed to re-establish antebellum power dynamics and regulate black behavior in various aspects of life.

General Context

  • Legislative Intent: Many southern states implemented similar laws to control the newly freed population after the Civil War.

  • Significance: The Black Codes aimed to sustain the economic and social hierarchies established during slavery.

Key Components of the Black Code

Black Codes Overview

  • Rights Granted to African Americans:

    • Right to own property.

    • Right to marry.

    • Right to make contracts.

  • Rights Denied:

    • Many fundamental rights were still restricted, maintaining a system of subjugation.

Vagrancy Laws

Section 2

  • Definition of Vagrancy: Freedmen, free Negroes, and mulattoes over age eighteen found:

    • Without lawful employment or business.

    • Unlawfully assembling in groups.

    • Interacting with white individuals on equal terms.

    • Engaging in adultery or fornication with freedwomen, free Negroes, or mulattoes

  • Consequences for Vagrancy: Those deemed vagrants could face:

    • Fines of up to $150 for freedmen and $200 for white individuals.

    • Imprisonment for a duration determined by the court (up to 10 days for black individuals, 6 months for white individuals).

Section 7

  • Refusal to Pay Taxes:

    • Failure to pay taxes may be used as evidence of vagrancy.

    • Sheriffs required to arrest those who neglect payment.

    • Arrested individuals could be leased out to cover unpaid taxes and associated costs.

Section 8

  • Appeal Process:

    • Individuals aggrieved by judgments under this law can appeal within five days to the county court by posting a $25-$150 bond.

    • Appeals will be tried de novo, and the county court's decision is final.

Civil Rights of Freedmen

Section 1

  • Legal Status: Freedmen, free Negroes, and mulattoes may:

    • Sue and be sued.

    • Acquire personal property and choose to transfer ownership.

  • Restrictions:

    • Cannot rent or lease land except in incorporated towns/cities, with corporate authorities controlling rentals.

Section 7

  • Desertion Penalties:

    • Civil officers can arrest and return employees who have quit their jobs prematurely.

    • Perpetrators would earn $5 plus 10 cents per mile for returning arrested individuals to their employers.

    • Arrested individuals can appeal their situation to a justice of the peace or police board.

Penal Code

Section 1

  • Restrictions on Firearms:

    • Freedmen, free Negroes, or mulattoes not allowed to carry firearms or ammunition without a license from the county police.

    • Penalty for violation includes fines up to $10 and forfeiture of weapons.

  • Enforcement Duty: Civil and military officers must arrest individuals found with prohibited weapons and take them to trial.

Section 5

  • Failure to Pay Fines:

    • Individuals who do not pay imposed fines within five days will be hired out by the sheriff to a white person willing to pay.

  • Reenactment of Penal Laws: Most existing penal and criminal laws applicable to slaves and free Negroes are reaffirmed, except where modified by the new laws.

References

  • Edward McPherson, The Political History of the United States of America during the period known as Reconstruction (Washington D.C.: 1871), 80-82. Available through Google Books.