Sorry for this long post, but I felt it was worth posting.
Studying my family history in America. Best I can accurately tell my ancestors were dragged here some time around 1750. The family that held my ancestors as slaves was Granted Land and money to purchase slaves from the British. The way it worked back then, if the immigrant was willing to come to South Carolina they gave them 50 acres for the family head and for each child after. By the year 1771 the Slave holder of my ancestors had 600 acres. He became wealthy and one of his grandchildren became a Reverend and formed a Methodist church in the same town. By 1790 they had 38 slaves according to the 1st U.S. Census. In 1865 Gen. Sherman busted thru that Orangeburg, South Carolina, burning the Cotton Warehouse and town court house. Within a few months my great, great, great grandfather Tom C. as a free man and reluctantly signed a Contract to work the land of his former Slave Master on June 22, 1865. I have a copy of the document and it's one of my most prized possessions. Can't believe I found this document. What is most sad is that he and other Freedmen in town had been promised land of their own, but the Whites in power were more concerned for the former Slaver Holders and trying to re-establish southern commerce which was based almost entirely on Agriculture. They freed the slaves, but then basically forced them back into a situation that would leave them at a disadvantage for generations to come.
White Southerners also feared that if freedmen did not work for white landowners, the agricultural economy of the South would collapse. During the last months of 1865, a rumor spread among freedmen: The federal government was going to grant “40 acres and a mule” to every ex-slave family on Christmas Day. Although the federal government had confiscated some Confederate lands and given them to freed slaves, it never planned to do this on a massive scale. Nonetheless, expecting their own plots of land, blacks in large numbers refused to sign work contracts with white landowners for the new year. At the same time, Southern whites passed around their own rumor that blacks would rise in rebellion when the free land failed to appear on Christmas Day.All these economic worries, prejudices, and fears helped produce the first Black Codes of 1865. These codes consisted of special laws that applied only to black persons. The first Black Code, enacted by Mississippi, proved harsh and vindictive. South Carolina followed with a code only slightly less harsh, but more comprehensive in regulating the lives of “persons of color.”
The South Carolina Black Code
South Carolina’s Black Code applied only to “persons of color,” defined as including anyone with more than one-eighth Negro blood. Its major features included the following:
1. Civil Rights
The Southern Black Codes defined the rights of freedmen. They mainly restricted their rights. But the codes did grant black persons a few more civil rights than they possessed before the Civil War. South Carolina’s code declared that “persons of color” now had the right “to acquire, own and dispose of property; to make contracts; to enjoy the fruits of their labor; to sue and be sued; and to receive protection under the law in their persons and property.” Also, for the first time, the law recognized the marriages of black persons and the legitimacy of their children. But the law went on to state that, “Marriage between a white person and a person of color shall be illegal and void.”
2. Labor Contracts
The South Carolina code included a contract form for black “servants” who agreed to work for white “masters.” The form required that the wages and the term of service be in writing. The contract had to be witnessed and then approved by a judge. Other provisions of the code listed the rights and obligations of the servant and master. Black servants had to reside on the employer’s property, remain quiet and orderly, work from sunup to sunset except on Sundays, and not leave the premises or receive visitors without the master’s permission. Masters could “moderately” whip servants under 18 to discipline them. Whipping older servants required a judge’s order. Time lost due to illness would be deducted from the servant’s wages. Servants who quit before the end date of their labor contract forfeited their wages and could be arrested and returned to their masters by a judge’s order. On the other hand, the law protected black servants from being forced to do “unreasonable” tasks.
3. Vagrancy
All Southern Black Codes relied on vagrancy laws to pressure freedmen to sign labor contracts. South Carolina’s code did not limit these laws to unemployed persons, but included others such as peddlers and gamblers. The code provided that vagrants could be arrested and imprisoned at hard labor. But the county sheriff could “hire out” black vagrants to a white employer to work off their punishment. The courts customarily waived such punishment for white vagrants, allowing them to take an oath of poverty instead.
4. Apprenticeship
Southern Black Codes provided another source of labor for white employers—black orphans and the children of vagrants or other destitute parents. The South Carolina code authorized courts to apprentice such black children, even against their will, to an employer until age 21 for males and 18 for females. Masters had the right to inflict moderate punishment on their apprentices and to recapture runaways. But the code also required masters to provide food and clothing to their apprentices, teach them a trade, and send them to school.
5. Courts, Crimes, and Punishments
South Carolina’s Black Code established a racially separate court system for all civil and criminal cases that involved a black plaintiff or defendant. It allowed black witnesses to testify in court, but only in cases affecting “the person or property of a person of color.” Crimes that whites believed freedmen might commit, such as rebellion, arson, burglary, and assaulting a white woman, carried harsh penalties. Most of these crimes carried the death penalty for blacks, but not for whites. Punishments for minor offenses committed by blacks could result in “hiring out” or whipping, penalties rarely imposed on white lawbreakers.
6. Other Restrictions
South Carolina’s code reflected the white obsession with controlling the former slaves. It banned black people from possessing most firearms, making or selling liquor, and coming into the state without first posting a bond for “good behavior.” The code made it illegal for them to sell any farm products without written permission from their white employer, supposedly to guard against stealing. Also, blacks could not practice any occupation, except farmer or servant under contract, without getting an annual license from a judge.
In truth not much has changed. There are still structural impediments for minorities that hold the masses back from fully realizing what should be their birth right in this country after the hundreds of years of blood and sweat given to make America great. I was born in 1965 as the 1st of my family to be born with Civil Rights for Blacks as fully part of the law. Even tho my Grandfather fought in WW2 and my father in Vietnam. It wasn't until my birth that any member of my family, here since 1750 was able to say they were born with his Civil Rights.