Jim Crow Laws, Black Codes, Plessy v. Ferguson ???
Thanks!
1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
2. Congress shall have power to enforce this article by appropriate legislation.
No laws or legal action that I am aware ever circumscribed the 13th ammendment. Once slavery was abolished, that was the end of it.
The 14th ammendment, however, guaranteed equal protection and rights under the law to all citizens. Several post civil war laws were enacted which “got around” this guarantee by arguing that services and protections could be “Separate, but equal.” This was the racial segregation, primarily in the south, for almost 100 years following the civil war.
Section 1:
Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
Section 2:
Congress shall have power to enforce this article by appropriate legislation.
Encouraged by President Johnson’s evident intention to return to them the management of their own affairs, Southern legislators, elected by white voters, passed what came to be called Black Codes. Their very evident purpose was to reduce free blacks to a new kind of legal servitude distinguished by all the disadvantages of slavery and none of its advantages.
“No ***** or freedman shall be permitted to rent or keep a house within the limits of the town under any circumstances. . . . No ***** or freedman shall reside within the limits of the town . . . who is not in the regular service of some white person or former owner. . . . No public meetings or congregations of negroes or freedmen shall be allowed within the limits of the town. . . . No ***** or freedman shall be permitted to preach, exhort, or otherwise declaim to congregations of colored people without a special permission from the mayor or president of the board of police.. .. No freedman … shall be allowed to carry firearms, or any kind of weapons…. No freedman shall sell, barter, or exchange any article of merchandise within the limits of Opelousas without permission in writing from his employer In the parish of St. Landry it was required “that every ***** [is] to be in the service of some white person, or former owner. …
In Alabama the Black Codes stipulated that it was the duty of all “Civil officers” of a county to report “the names of all minors whose parents have not the means, or who refuse to support said minors.” They might be treated in the same way, arrested, fined, and then sentenced to work off their fines. In bidding for the services of “said minor . . . the former owner . . . shall have preference.” In Mobile unemployed blacks, those who had no “fixed residence or [could not] give a good account of themselves,” were required by another section of the code “to give security for their good behavior for a reasonable time and to indemnify the city against any charge for their support In the event they could not meet this requirement, they were, again, “to be confined to labor for a limited time, not exceeding six calendar months . . . for the benefit of said city.” Also in Alabama, municipalities were authorized to “restrain and prohibit the nightly and other meetings or disorderly assemblies of all persons and to punish for such offences by fixing penalties not exceeding fifty dollars for any one offence Again if the accused were not able to pay the fine, he or she might be sentenced to labor for a period of time not exceeding six months.
It was not long after the Court’s decision striking down the Civil Rights Act of 1875 that southern states began enacting sweeping segregation legislation. In 1890, Louisiana required by law that blacks ride in separate railroad cars. In protest of the law, blacks in the state tested the statute’s constitutionality by having a light-skinned African American, Homére Plessy, board a train, whereupon he was quickly arrested for sitting in a car reserved for whites. A local judge ruled against Plessy and in 1896 the U. S. Supreme Court upheld the lower court’s ruling in Plessy v. Ferguson. The Court asserted that Plessy’s rights were not denied him because the separate accommodations provided to blacks were equal to those provided whites. It also ruled that “separate but equal” accommodations did not stamp the “colored race with a badge of inferiority.” Again, Justice Harlan protested in a minority opinion: “Our Constitution is color-blind, and neither knows nor tolerates classes among citizens.”
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