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Been in the Storm So Long_ The Aftermath of Slavery - Leon F. Litwack [275]

By Root 1487 0
a new tax to support Negro indigents, while the Alabama code included as vagrants “any runaway, stubborn servant or child” and any laborer “who loiters away his time” or fails to comply with the terms of his employment. Several of the codes also set down the hours of labor (from sunrise to sunset), the duties, and the behavior expected of black agricultural workers. With a sliding scale of fines for violations, the Louisiana code employed the kind of language a master might have once used in his instructions to the overseer:

Bad work shall not be allowed. Failing to obey reasonable orders, neglect of duty, and leaving home without permission will be deemed disobedience; impudence, swearing, or indecent language to, or in the presence of the employer, his family, or agent, or quarreling and fighting with one another shall be deemed disobedience.74

Rather than expedite the slave’s transition to freedom or help him to realize his aspirations, the Black Codes embodied in law the widely held assumption that he existed largely for the purpose of raising crops for a white employer. Although the ex-slave ceased to be the property of a master, he could not aspire to become his own master. No law stated the proposition quite that bluntly but the provisions breathed that spirit in ways that could hardly be misunderstood. If a freedman decided that agricultural labor was not his special calling, the law often left him with no practical alternative. To discourage those who aspired to be artisans, mechanics, or shopkeepers, or who already held such positions, the South Carolina code, for example, prohibited a black person from entering any employment except agricultural labor or domestic service unless he obtained a special license and a certification from a local judge of his “skill and fitness” and “good moral character.” This provision, of course, threatened to undermine the position of the old free Negro class which had once nearly dominated the skilled trades in places like Charleston. With unconcealed intent, the Mississippi law simply required special licenses of any black wishing to engage in “irregular or job work.” To discourage freedmen who aspired to raise their own crops, Mississippi barred them from renting or leasing any land outside towns or cities, leaving to local authorities any restrictions they might wish to place on black ownership of real estate.

By adopting harsh vagrancy laws and restricting non-agricultural employment, the white South clearly intended to stem the much-feared drift of freedmen toward the cities and to underscore their status as landless agricultural laborers. Even as Mississippi forbade them to lease lands outside towns or cities, local ordinances there and in neighboring Louisiana made black residency within the towns or cities virtually intolerable if not impossible. The ordinance adopted in Opelousas, Louisiana, deservedly served as a model and inspiration for other communities. To enter the town, a black person needed his employer’s permission, stipulating the object of the visit and the time necessary to accomplish it; any freedman found on the streets after ten o’clock at night without a written pass or permit from his employer would be subject to arrest and imprisonment. No freedman could rent or keep a house within the town limits “under any circumstances,” or reside within the town unless employed by a white person who assumed responsibility for his conduct. To hold any public meetings or to assemble in large numbers for any reason, blacks needed the mayor’s permission, as they also did to “preach, exhort or otherwise declaim” to black congregations. Nor could they possess weapons or sell, barter, or exchange any kind of merchandise without special permits. A freedman found violating these ordinances could be punished by imprisonment, fines, and forced labor on the city streets. Virtually identical ordinances were adopted in several Louisiana towns and parishes, with St. Landry Parish adding its own brand of punishment: “confining the body of the offender within a barrel placed

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