From the Black Codes to Jim Crow An Oakham History Department Production (NOT SCN)

From the Black From the Black Codes to Jim Codes to Jim

CrowCrow

An Oakham History An Oakham History Department Production (NOT Department Production (NOT

SCN)SCN)

The Black Codes (1865-The Black Codes (1865-1867)1867)

In 1865, southern governments In 1865, southern governments created Black Codes, which served as created Black Codes, which served as a way to control and inhibit the a way to control and inhibit the freedom of ex-slaves. freedom of ex-slaves.

In many states, if unemployed, In many states, if unemployed, African Americans faced the potential African Americans faced the potential of being arrested and charged with of being arrested and charged with vagrancy. If convicted, they could be vagrancy. If convicted, they could be contracted out for labor.contracted out for labor.


Codes prevented African Americans from Codes prevented African Americans from raising their own crops.raising their own crops.

Often blacks were prohibited from entering Often blacks were prohibited from entering towns without permission. towns without permission.

Florida Constitution of 1865: “Florida Constitution of 1865: “In all criminal proceedings founded upon injury to a colored person, no person shall be incompetent to testify as a witness on account of color; in all other cases, the testimony of colored persons shall be excluded.”


These codes were outlawed by the These codes were outlawed by the 1414thth amendment (1868) and by the amendment (1868) and by the Reconstruction Act of 1867.Reconstruction Act of 1867.

Even the most conservative justice Even the most conservative justice of the Supreme Court would agree of the Supreme Court would agree that the Black Codes were a that the Black Codes were a violation of the 14violation of the 14thth amendment. amendment.

The Compromise of 1877The Compromise of 1877 The Southern Democrats in Congress agreed The Southern Democrats in Congress agreed

to authorize the disputed electoral votes for to authorize the disputed electoral votes for the (hated) Republican Hayes in exchange the (hated) Republican Hayes in exchange for:for:

1.1. Federal troops leaving the SouthFederal troops leaving the South2.2. The financing of “internal improvements” The financing of “internal improvements”

in the southern states.in the southern states.3.3. The federal government backing off The federal government backing off

enforcing civil rights legislation and the enforcing civil rights legislation and the 1414thth amendment. amendment.

Hayes accepted these conditions and Hayes accepted these conditions and became President.became President.

Jim Crow LawsJim Crow Laws

Combine this with the Combine this with the SlaughterhouseSlaughterhouse ruling in 1873, ruling in 1873, The Civil Rights Cases The Civil Rights Cases in in 1883, and 1883, and Plessy v. FergusonPlessy v. Ferguson in 1896 in 1896 and you have the genesis of the “Jim and you have the genesis of the “Jim Crow” South.Crow” South.

This is a name given to the set of laws This is a name given to the set of laws and practices that disenfranchised and practices that disenfranchised African-Americans in the south without African-Americans in the south without actually banning them outright from actually banning them outright from voting.voting.

Seven Jim Crow TacticsSeven Jim Crow Tactics

1.1. FraudFraud

2.2. IntimidationIntimidation

3.3. Grandfather ClausesGrandfather Clauses

4.4. Literacy TestsLiteracy Tests

5.5. Poll TaxesPoll Taxes

6.6. ““Good Character” TestsGood Character” Tests

7.7. The White (Democratic) PrimaryThe White (Democratic) Primary

FraudFraud

IntimidationIntimidation

Ku Klux KlanKu Klux Klan Cruickshank Cruickshank and the and the Ku Klux Cases Ku Klux Cases

ex parte Yarbrough.ex parte Yarbrough.

Grandfather ClausesGrandfather Clauses

These took several forms:These took several forms:1.1. A person could only vote if his A person could only vote if his

grandfather had been eligible to vote.grandfather had been eligible to vote.

2.2. A person was exempted from other A person was exempted from other voting requirements if his grandfather voting requirements if his grandfather had been eligible to vote.had been eligible to vote.

3.3. A person was registered for life as a A person was registered for life as a vote if he registered before 1865, and vote if he registered before 1865, and ineligible for life otherwise.ineligible for life otherwise.

Literacy TestsLiteracy Tests

Worked against both poor whites Worked against both poor whites and blacks at first.and blacks at first.

Gradually evolved into a mechanism Gradually evolved into a mechanism applied only to blacks:applied only to blacks:

Alabama Literacy Test Alabama Literacy Test (1940s)(1940s)

Does enumeration affect the income tax levied on Does enumeration affect the income tax levied on citizens in various states? citizens in various states?

A United States Senator elected at the general A United States Senator elected at the general election in November takes office the following year election in November takes office the following year on what date? on what date?

How many states were required to approve the How many states were required to approve the original Constitution in order for it to be in effect? original Constitution in order for it to be in effect?

Who passes laws dealing with piracy? Who passes laws dealing with piracy? On the impeachment of the Chief Justice of the On the impeachment of the Chief Justice of the

Supreme Court, who tries the case? Supreme Court, who tries the case? After the presidential electors have voted, to whom do After the presidential electors have voted, to whom do

they send the count of their votes? they send the count of their votes? If the two houses of Congress cannot agree on If the two houses of Congress cannot agree on

adjournment, who sets the time? adjournment, who sets the time? Of the original 13 states, the one with the largest Of the original 13 states, the one with the largest

representation in the first Congress was ______. representation in the first Congress was ______. The Congress decides in what manner states elect The Congress decides in what manner states elect

presidential electors. True or false? presidential electors. True or false?

Poll TaxesPoll Taxes Seven states had poll taxes up to the 1960’s, Seven states had poll taxes up to the 1960’s,

when the 24th amendment abolished them. FL, when the 24th amendment abolished them. FL, GA, LA, and NC had already gotten rid of these GA, LA, and NC had already gotten rid of these taxes in the 1940s.taxes in the 1940s.

Generally this tax ranged from $1 to $3.50 per Generally this tax ranged from $1 to $3.50 per year. But this was usually a cumulative tax; you year. But this was usually a cumulative tax; you had to pay it each and every year between the had to pay it each and every year between the ages of 21 and 45, whether there was an ages of 21 and 45, whether there was an election or not. election or not.

There were exemptions for WWI and WWII There were exemptions for WWI and WWII veterans, National Guardsmen, and Confederate veterans, National Guardsmen, and Confederate veterans and widows.veterans and widows.

You also had to make your way to the county You also had to make your way to the county courthouse each year to pay these in person. courthouse each year to pay these in person. This served to severely disenfranchise rural This served to severely disenfranchise rural black voters.black voters.

Alabama Good Character Alabama Good Character TestTestI, do hereby apply to the Board of Registrars of I, do hereby apply to the Board of Registrars of

____________________________County, State of ____________________________County, State of Alabama, to register as an elector under the Alabama, to register as an elector under the Constitution and laws of the State of Alabama, Constitution and laws of the State of Alabama, and do herewith submit answers to the and do herewith submit answers to the interrogatories propounded to me by said interrogatories propounded to me by said Board. Board. ________________________________________________ ________________________________________________ (Applicants Full Names) (Applicants Full Names)

QUESTIONNAIRE 1. State your name, the date QUESTIONNAIRE 1. State your name, the date and place of your birth, and your present and place of your birth, and your present address. address.

2. Are you single or married?______(a) If married, 2. Are you single or married?______(a) If married, give name, resident and place of birth of your give name, resident and place of birth of your husband or wife, as the case may be:husband or wife, as the case may be:

Alabama Good Character Alabama Good Character TestTest

3. Give the names of the places, respectively, 3. Give the names of the places, respectively, where you have lived during the last five years; where you have lived during the last five years; and the name or names by which you have and the name or names by which you have been known during the last five yearsbeen known during the last five years

4. If you are self-employed, state the nature of 4. If you are self-employed, state the nature of your business your business

5. If you claim that you are a bona fide resident 5. If you claim that you are a bona fide resident of the state of Alabama, give the date on which of the state of Alabama, give the date on which you claim to have become such bona fide you claim to have become such bona fide resident: _______________________(a) When did resident: _______________________(a) When did you become a bona fide resident of you become a bona fide resident of _______________County? ______________(b) When _______________County? ______________(b) When did you become a bona fide resident of Ward or did you become a bona fide resident of Ward or Precinct? Precinct?


6. If you intend to change your place of 6. If you intend to change your place of residence prior to the next general residence prior to the next general election, state the facts: election, state the facts:

7. Have you previously applied for and 7. Have you previously applied for and been denied registration as a voter? If so been denied registration as a voter? If so give the factsgive the facts

8. Has your name been previously stricken 8. Has your name been previously stricken from the list of persons registered? from the list of persons registered?

9. Are you now or have you ever been a 9. Are you now or have you ever been a dope addict or habitual drunkard, explain dope addict or habitual drunkard, explain as fully as you can as fully as you can


10. Have you ever been legally declared 10. Have you ever been legally declared insane? If so, give details insane? If so, give details

11. Give a brief statement of the extent of 11. Give a brief statement of the extent of your education and business experience your education and business experience

12. Have you ever been charged with or 12. Have you ever been charged with or convicted of a felony or crime or convicted of a felony or crime or offense involving moral turpitude?offense involving moral turpitude?

13. Have you ever served in the Armed 13. Have you ever served in the Armed Forces or the United States Forces or the United States Government Government


14. Have you ever been expelled or dishonorable 14. Have you ever been expelled or dishonorable discharged from any school or college or from discharged from any school or college or from any branch of the Armed Forces of the United any branch of the Armed Forces of the United States, or of any other country?States, or of any other country?

15. Will you support and defend the Constitution 15. Will you support and defend the Constitution of the United States and the Constitution of of the United States and the Constitution of the State of Alabama?the State of Alabama?

16. Are you now or have you ever been affiliated 16. Are you now or have you ever been affiliated with any group or organization which with any group or organization which advocates the overthrow of the United States advocates the overthrow of the United States Government or the government of any state of Government or the government of any state of the United States by unlawful means? the United States by unlawful means?


17. Will you bear arms for your 17. Will you bear arms for your country when called upon by it to do country when called upon by it to do so? If the answer is no, give reasons.so? If the answer is no, give reasons.

18. Do you believe in free elections 18. Do you believe in free elections and rule by the majority? and rule by the majority?

19. Will you give aid and comfort to 19. Will you give aid and comfort to enemies of the United States enemies of the United States Government or the Government of Government or the Government of the State of Alabama?the State of Alabama?


20. Name some of the duties and 20. Name some of the duties and obligations of citizenship? obligations of citizenship?

21. Give the names and post office 21. Give the names and post office addresses of two white persons who addresses of two white persons who have present knowledge of your have present knowledge of your bona fide residence at the place as bona fide residence at the place as stated by you.stated by you.

The White PrimaryThe White Primary

Democratic parties all throughout the Democratic parties all throughout the South passed rules to only allow whites South passed rules to only allow whites to vote in the Democratic primary.to vote in the Democratic primary.

Until 1944, the Supreme Court allowed Until 1944, the Supreme Court allowed this practice.this practice.

Between 1876 and 1944, no Republican Between 1876 and 1944, no Republican was ever elected to the United States was ever elected to the United States Senate or elected Governor of any Senate or elected Governor of any southern state (except Tennessee).southern state (except Tennessee).

Documents

From the Black Codes to Jim Crow An Oakham History Department Production (NOT SCN)