From Jessica McElrath,
Your Guide to African-American History.
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As newly freed slaves would soon learn, freedom was not as they had anticipated. White Southerners were anxious to regain power over them and used the law in order to achieve that objective. In 1865, Southerners created Black Codes, which served as a way to inhibit the freedom of ex-slaves. Codes controlled almost all aspects of life and prohibited African Americans from the freedom that had been won.

The Creation of Black Codes

Although the Civil War had left the South in political and social turmoil, white Southerners were intent on controlling blacks. It was through the creation of the Black Codes that whites discovered they could control almost all aspects of life of Southern blacks. While Codes were unique to the post-Civil War South, they were not completely foreign. They encompassed some of the antebellum restrictions on free blacks, northern apprenticeship laws, and the Freedmen's Bureau and the War Department regulations. Codes regulated civil and legal rights, such as marriage, freedom of speech, freedom of movement, occupational choice, and the right to hold and sell property.

Laws were different in each state, but most embodied the same kinds of restrictions. Commonly, codes compelled freedmen to work. In many states, if unemployed, blacks faced the potential of being arrested and charged with vagrancy. Many of those that did work had their day regulated. Codes dictated their hours of labor, duties, and often assigned to them as agricultural workers or domestics.

Black Codes Relegate Blacks to Agricultural Labor and Domestic Work

Black Codes left African Americans with little freedom. Even the freedom to choose an occupation was often regulated. Many white Southerners believed blacks were predestined to work as agricultural laborers and domestics. In South Carolina, for example, a special license and certificate from a local judge attesting to a freedman's skill had to be obtained in order to pursue work in any occupation other than in agriculture or domestic work. This regulation guaranteed a workforce.

Self-sufficiency was also discouraged. Codes prevented African Americans from raising their own crops. In parts of Mississippi, they were restricted from renting or leasing any land outside of cities or towns and black ownership was left up to the approval of local authorities.

Black Codes Restrict the Freedom of Movement

Almost every aspect of life was regulated, including the freedom to roam. Many codes prohibited blacks from entering towns without permission. In Opelousas, Louisiana, blacks needed permission from their employer to enter the town; a note that stated the nature and length of the visit was required. Any black found without a note after ten o'clock at night was subject to imprisonment.

Residency within towns and cities was also discouraged. Local ordinances in Louisiana made it almost impossible for blacks to live within the towns or cities. Residency was only possible if a white employer agreed to take responsibility for his employee's conduct.

The creators of the codes did not try to hide the obvious bias and prejudice. In 1866, Black Codes were suspended by federal officials after they determined that the codes were too harsh. They believed that blacks should be subject to the same penalties and regulations as whites. Although these early codes were put to an end, new codes that were less harsh were put into law by several state legislatures after 1866.