Masaryk university faculty of education

THE LIFE OF JIM CROW

It is vital to explain a historical context of the events that led to this situation if people want to understand the life of the people living under the pressure of Jim Crow laws. A brief summary of a development of the racial relationship beginning after the Civil war will be given. Even though it is impossible to cover all the aspects of this development into a couple of pages; the most significant events that influenced the raise of the Jim Crow laws and the connections within them will be listed. The chapters use the division used by an American historian C. Vann Woodward that divides post-war years as follows: Reconstruction, Redemption, and Reunion. (4)

1.1. Reconstruction era

1.1.1. Antebellum years

An opinion of the supremacy of the white people and the inferiority of the Black people ruled during centuries since their very first contact. The white race was considered as a superior race due to a greater progress in the development of the society and the industry. The period of the slavery in the United States began to shake in its basis when the Civil war broke out. Of course, the fight for the abolishing of the slavery was not the only reason why the war has begun. There has been another reason very closely related to the delicate topic of the slavery. The war has also represented the protest of the people from the South against the federal government that was interfering into the power of the individual states. (Kelly, “Top Five Causes of the Civil War”)

The majority of the people in the South were the supporters of the Democratic Party that fought for a more significant role of the federal government. (Kelly, “Democratic Party”). They were in the opposition in this opinion to the Republican Party that had a majority of the supporters in the industrial and agricultural North and West and where people were calling for the abolishing of the slavery, besides other things. (Wormser, “Democratic Party) Therefore the war has also been known as the war “between the States”. In the northern (Union) army there were Black soldiers in the troops called “United States Colored Troops”. Professor John Hope Franklin, an American historian awarded with the Presidential Medal of Freedom, states that over 186 000 Black soldiers entered the Union army. But the beginnings were not easy even in this area. As he points out: “At first it was difficult to secure white officers for the Negro outfits, because regular army men were generally opposed to having Negroes in the service.” (290)

When these difficulties were overcome, the conditions in the Union army for the Black and white soldiers were still not equal. The Black soldiers got lower pay than white soldiers. It is an interesting fact that not only the Black soldiers but the whole regiments were during the Civil war fighting also for the increase of the Black soldier’s salary. After a number of protests from the Black soldiers together with their white officers these soldiers were eventually paid equally as their white colleagues. (291)

Even when the Civil war ended, the general opinion considered the Black people inferior. The most distinctive personality of those times was without a doubt the president of The United States, Abraham Lincoln. He is seen as an icon of the fight for the freedom of the slaves. A closer look upon his attitude towards the Black people will be given. It is true that Lincoln was one of the main protagonists of the freedom run but it would be incorrect to claim him to be a fighter for the civil rights of the Black people. His speech in Charleston, Illinois in 1858 shows his attitude:

… I am not, nor ever have been in favor of bringing about in any way the social and political equality of the white and Black races… there is a physical difference between the Black and white races which I believe will forever forbid the two races living together on terms of social and political equality… there must be the position of superior and inferior, and I as much as any other man am in favor of having the superior position assigned to the white race. (“Fourth Debate: Charleston, Illinois”)

2. Reconstruction

The plans of so called Reconstruction that followed after the Civil war were advanced by Lincoln yet in 1863. This plan counts with the end of the Civil war in the favor of the Union and suggests the following treatment of the South and subsequent introduction of the life in the order again. An oath to be loyal to the central government which the person undertook was the condition for the general amnesty. Southern men who “had held high office in the Confederacy” were excluded from the possibility of taking of the oath. These men weren’t excluded forever; Lincoln intended to pardon them when the aroused emotions came away. The reason why there is a closer look upon his attitude is that he intended to abolish slavery but he did not intend to fight for the black people rights. In his plans the black people were free but they were not equal, the suffrage would be granted only to those “who were of the greatest intelligence or have served in the Union armies”. Also according to Williams, Lincoln’s didn’t count with any organization or institution that would take care of freedmen and their social status in the society. (Williams 110)

Williams shows that this attitude did not satisfy many people who felt that there should be more strict protection of freedmen and also that the steps undertaken against the former rebellious states are too mild. Wade and Davis (Radical Republicans) have introduced a plan corresponding to the mood of the most people in the North. They demanded inter alia that “each constitution must contain provisions abolishing slavery” to which Lincoln objected. According to his opinion is this in the power of individual state and that constitution cannot demand this requirement. (111)

The whole destiny of the Black people could have been different if Lincoln had not gone to the Ford’s theatre where he was on April 14^th, 1865 assassinated. The assassination has shocked the world. The whole nation has been mourning. Walt Whitman, the poet who was a nurse in army hospitals and a great supporter of Lincoln expressed his feelings and the feelings of the majority of the citizens in his famous poem O Captain! My Captain! (“Walt Whitman” 6). In the times when the country needed a leader, the most respected and possibly the only one who had the power to manage the situation was assassinated.

Lincoln’s successor was Andrew Johnson, a Democrat, whose steps in the “Negro problem” proceeded from the spirit of Lincoln’s intentions. He had to find a solution of a situation that consequently he found in the abolishing of the slavery, besides other things. But there was another threat; the rumors spread among southern people who were afraid of freedmen’s revenge. The appearance of the Black Codes that will be described in more detail later was influenced by this sudden fear. (Franklin 303) Former slaves were formally free but there was a growing conflict over the imaginary social difference between the freedmen and the white men. In the South occurred several riots and fights between the Black people, Republicans and local police, e.g. there were killed 48 Republicans in New Orleans in a riot in 1866, the majority of killed were the Black people. The position of the freedmen that was close to the servitude again. (Williams 113)

Williams declares that Johnson’s mild policy against the South encouraged the South to the actions of a protest and a violence predominantly against the freedmen. This atmosphere was supported by the laws that were passed in the states of the South. These laws were called the Black Codes. (113)

2. Black Codes

These laws are considered to be a predecessor to the Jim Crow laws. Their aim was to restrict and to control the life of freedmen in the most area of their lives. The laws were not unified and identical in all southern states. Each state had its own laws – some of them were very similar in all states, some of them were unique. Together they created an impassable cobweb that denied a lot of fundamental rights. Freedmen were pushed into work which was in many cases unacceptable, but it was a job. (Williams 113, 114)

There can be confusion in the difference between the Black Codes and the Jim Crow laws. The Black Codes were enacted by the law after the Civil war and they served to the restriction of the freedom of the former slaves. Their roots were in the former slave codes and their principle was different from the Jim Crow laws passed predominantly after 1890. The Black Codes restricted the freedom of the Black people whereas Jim Crow laws were based on the “separate but equal” principle. The interesting fact is that even in the Black Codes we can find a certain features of the separation too. The example can be a school system that prescribed separate public schools.

The first Black code law was enacted in Mississippi. (Sage, “Mississippi Black Code”) The law contained four statutes that comprised the code. Rephrased examples of these laws are given below:

Apprentice law

This law consists of ten sections. This law orders an obligation to find a “suitable person” to take care of “freedmen, free Negroes and mulattoes under age of eighteen” whose were orphans or their parents weren’t able for some serious reason take care of them. (Sage,”Apprentice law”) This suitable person was appointed by a responsible authority. A former owner was considered as a suitable person. The law also imposes the obligation to this “guardian” to provide “sufficient food and clothing, to treat minor humanely, furnish medical attention in the case of sickness, teach or cause to be taught him or her to read and write.” (Sage,”Apprentice law”)

The relationship between those people is described as a relationship between masters and an apprentice. “Master or mistress could inflict such a moderate corporeal chastisement as a father is allowed”, but the cruelty was denied. Even though the cruelty wasn’t allowed, the punishment for the breaking the law is not mentioned. When an apprentices run from their master or mistress, in the case of being caught, they would be sent back to a master or mistress and in case of refusal they would be sent to the jail. (Sage, ”Apprentice law”)

The Vagrancy law

This law consists of eight sections. The law related to the Black people is created to force them to labor. This force had its basis in the section 2 which forbade unemployment of Black people under the very high penalty which basically was unreal for poor freedmen. A failure to pay was direct way to the jail. The date when they had to provide their labor was set “on the second Monday in January 1866”. If it is considered that the law was established in November, it doesn’t give much space to find a proper or a better job for such a huge mass of people. It had to be complicated to travel for a job a longer distance due to the travel costs, uncertainty of a job and the time frame. For the most freedmen it meant to stay with their former masters because they provided them at least certain kind of a job. (Sage, “Vagrancy Law”)

The difference in the law for the Black and white vagrants could be seen in the law of the South Carolina. If the Black vagrant did not have money to pay the fine, there was a possibility to get the money for the debt. “The county sheriff could “hire out” black vagrants to a white employer to work off their punishment”. The different process was used with white vagrancies that had the possibility to take “an oath of poverty” instead which saved them from being hired out. (“Southern Black Codes”). Colored people were also obliged to pay taxes but the money from the taxes was used on the Freedmen Pauper’s fund.

Civil Rights of Freedmen

This part distinguishes the current situation in comparison to the situation before the Civil war. Consequently to the result of the war, freedmen were permitted to possess a property, to “sue and to be sued” and to marry. The marriage between Black people and white people was not permitted. The duty of the employment in the time frame is again mentioned with sanctions for escape. Also a punishment to people who help freedmen to quit their masters is given here. Also it was permitted to help refugee. Those, who rendered them food and other necessary things, had to pay fine. (Sage, “Civil Rights of Freedmen”)

Penal Code

Last part consists of five subparts. Sage shows that “freedman, free Negro, or mulatto not in the military service of the United States government and not licensed so to do by the board of police of his or her county” was prohibited to carry any firearms. We can find here also punishments for any unrespectable activity including drinking alcohol, offensive behaviour etc. that were punished by jail or by paying of set fine. There is also a very important part that says:

Be it further enacted, that if any freedman, free Negro, or mulatto convicted of any of the misdemeanors provided against in this act shall fail-or refuse, for the space of five days after conviction, to pay the fine and costs imposed, such person shall be hired out by the sheriff or other officer, at public outcry, to any white person who will pay said fine and all costs and take such convict for the shortest time. (Sage, ”Penal Code”)

This system resembled the slavery very much. There was a thin border between slavery and this system in the fact. If freedmen did not follow very strict rules or did not find any job that was respectable with a reasonable salary, he had to pay a big fine. Usually they had no money as a former slaves they did not have any possibility of income. The only possibility was then a jail or a public outcry. When the freedmen were sold, they were basically in the same position as before the war.

Of course that enactment of these laws and the rejections of the Southern states to accept the Fourteenth amendment aroused in the Northern states feeling that they have to intervene more. After the end of the Civil war in 1865 was the Thirteenth Amendment passed in January and ratified by the Secretary of State in December as a result of the Civil war. (“13th Amendment to the U.S. Constitution”) Now the Northern states demanded an adoption of the Fourteenth Amendment that would strengthen the power of the Congress and guarantee equal treatment to the freedmen. (Williams 114,115)

2. Fourteenth Amendment

The first attempts to ratify the Fourteenth Amendment were vetoed by President Johnson with a statement that “the Negroes, not having asked to vote, did not even understand what the franchise was.” (Franklin 305) It is clear that President’s statement is undoubtedly arguable.

The president’s mild politics was the last straw and on April 1866 a predecessor to this Amendment was passed through Northern politicians. The Civil Rights bill of 1866 (also known as the “Reconstruction act of March 1866”) that passed over a President’s veto was created to debilitate the Black Codes. This bill didn’t allow a discrimination of people of the different color. (Williams 114, 115)

Fourteenth Amendment was finally ratified in July 1968 as the result of The Reconstruction Act of 1867. It consists of 5 Sections and provides the first proper definition of the citizenship with protection guaranteed every citizen of the USA. This meant a great step forward for the freedmen because they had equal protection from the state granted. (Franklin 304, 305) The revolutionary fifth Section gives to the Congress the power to “enforce, by appropriate legislation, the provisions of this article. “ (“Amendment XIV”)

2. Fifteenth Amendment

After many struggles the fifteenth Amendment was ratified in February 1870. It says clearly. “The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.” (“Amendment XV”)

The second, and the last section, grants the power to Congress to “enforce this article by appropriate legislation”. (“Amendment XV”)

This last Reconstruction Amendment ends the period of the ameliorating of the rights of the Black people.

The length of the Reconstruction era is not identical in every state. The beginning is dated to 1867 when the Radical Reconstruction was imposed by the Reconstruction Acts of 1867. (Williams 130) These Acts divided the defeated South in five military districts lead by military commanders that had very wide authority. They could “appoint and remove state officials, organize state elections and also register voters”. There was also the obligation of the establishment of the new Constitution where the amplified voting rights would be imposed. Also states had to ratify the Fourteenth and the Fifteenth Amendment. After fulfillment of this conditions states could be demilitarized again. (Reyes, “Reconstruction acts of 1867 - definition, lesson and quiz.”)

The end of this era is not as solid as the beginning. The majority in the most of the political offices and the control in their lands took white officers back again in 1870. Namely it was in Virginia, North Carolina and Georgia. The next wave of the white control followed 1874 in Alabama, Arkansas and Texas. Mississippi joined states back in 1875. The proper end of the Reconstruction Era is estimated in 1877 when the remaining states gained the majority of the white leaders in their lines. (Williams 130)

2. Institutions and movements of Reconstruction

The mind of people cannot be changed from a day to another day. Even though the Reconstruction era has brought improvements and a progress in the fight for the civil rights; after its end, the main intentions of politics have begun to take care more about the economic. The law has been enacted but its power started to be questioned; mainly due to cases such as United States v. Cruikshank. The Supreme Court did not support the justice when a mob massacred in Colfax almost 300 freedmen. This decision undermined an authority of the Fourteenth Amendment. (Gans “This Day in Supreme Court History: United States v. Cruikshank”, Franklin 331)

In this complicated situation when almost every case and situation has been new for the people there were established absolutely contrarily thinking groups. First one was created to help freedmen in their uneasy situation. Of course that we cannot be so optimistic to think that this organization was founded only from unselfish reasons. The politics and seek for the votes played also its great role but generally speaking, this organization played a positive role in the life of the African American people. Its name was Freedmen’s Bureau and the description will be given in more details below. (Williams 152-156) Collaterally several groups arose immediately after war with generally one purpose. These, usually secret societies originated in the South, were fighting against the Black people and also white people who symbolized the federal government. Their tactics were brutal. It contained burning, hanging, intimidation etc. They were groups as e.g.: “Ku Klux Klan, Knights of the White Camelia, Regulators, Jayhawkers or the Black Horse Cavalry”. (Franklin 326,327)

The most powerful from these groups was Ku Klux Klan; this secret organization let the painful scar in the history of the United States. The details of the Freedmen’s Bureau and Ku Klux Klan are listed below for a possibility of a comparison of two directions, two different ways of thinking during and after the years of the Reconstruction that reflected general mood of people.


Freedmen’s Bureau

As an aid to the freedmen was on March 3, 1865 established Bureau of Refugees, Freedmen, and Abandoned Lands, widely known as the Freedmen’s Bureau. Bureau was established by the War Department. The assumed length of its operation was one year. Its aim was a help to transform former slave society into society that doesn’t deny newly acquired rights to the colored people.(Wormser,”Freedmen’s Bureau“,History.com Staff “Freedmen’s Bureau”))

The scale of authority was wide, officers of Bureau could be found in every state of South. Their help contained “furnishing supplies and medical services, establishing schools, supervising contracts between freedmen and their employers, and managing confiscated or abandoned lands, leasing and selling some of them to freedmen.” They took care of freedmen on courts and ensure justice for them. Bureau took care of freedmen in every aspect of their lives containing medical help and education. With help and support they achieved noticeable success in their activity e.g. there were 46 hospitals organized by this organization and physicians, surgeons and nurses were under their control. Thousands of the Black people worked in much more acceptable environment after the Bureau took care of the relationships between them end their employers. Also the education system improved. There were all kinds of schools: “Day, night, Sunday, Industrial and Colleges”. The education was developed and asserted so forcefully that there have been schools in “the remotest counties of each of confederate state.” (Franklin 307,308)

After one year of active participation was Bureau renewed, regardless President Johnson’s veto. “Johnson expressed an opinion that it interfered with states’ rights, gave preference to one group of citizens over another“. (“Freedmen’s Bureau”). Bureau continued in its action until 1872, when the help and support declined so much that Freedmen’s bureau has been closed. (Wormser,”Freedmen’s Bureau“, History.com Staff “Freedmen’s Bureau”)

Ku Klux Klan

This terrorist organization founded during 1966 in Pulaski Tennessee had from the beginning the opposite purpose. (Wormser, “The Ku Klux Klan”) Wormser says that the original founders were former Confederacy soldiers. Their goal was to fight against the result of the Civil war by any mean they could. (“The Ku Klux Klan”) The targets of their attacks were not only Black people but any people who tried to help to the freedmen in their poor situation as well. (Franklin 326) This angry mood and was spreading very quickly in the defeated South so Ku Klux Klan gained more members soon. “The members of Klan included sheriffs, judges, mayors, common people as well as criminals”. The success of this terroristic group was so huge also due to its customs, features and sect behavior. (Wormser, “The Ku Klux Klan”)

Characteristic insignia: wearing white costumes including masks, burning crosses, meetings at night on the distant places, using a special terminology for Klan members, ceremonials etc.

The special terminology was used for the communication of the clansmen on the public. The membership was kept in the secret. (Wormser, “The Ku Klux Klan”) The passwords for identifying the member are the abbreviations from the phrases:

“AYAK: Are You A Klansman?”

“AKIA: A Klansman I Am.” (Wormser, “The Ku Klux Klan” )

Tactics and actions that were undertaken during their activities include intimidating, beating, whipping, lynching, hanging, burning and bombing houses, churches or schools. Thousands of innocent people were beaten, threatened or murdered. The purpose of these actions was to prevent the freedmen from voting and to suppress their recently gained freedom. The government struggled to attain illegality of the groups like these. But enacted law was very often generally ignored. During the years 1870 and 1871 Congress enacted array of particular laws that were to quell Ku Klux Klan and other groups with the same philosophy. Franklin says that “it was made a punishable crime for any person to prevent another person from voting.” (Franklin 328) Even though the Klan gained thousands members and more than 5000 were accused of committing a crime, only 1000 were convicted. But Klan’s activity was suppressed at least for a few years. After 1872 most of the activities were stopped and even thought the Klan gained again power in 1915, its strength has never been the same as before. (“Rise of the Ku Klux Klan”)

Some historians point out that there have been varieties of Jim Crow laws all the time through the Reconstruction. This statement is supported by evidence of segregation laws that differed from state to state, but generally tightened the conditions of the Black people. For example the railroad discrimination laws appeared in Mississippi, Florida and Texas. In Texas railroad companies had attach to passenger trains one special car reserved for freedmen. Another evidence of segregation appeared at schools. Despite the sanctions in the first years of Reconstruction, this segregation continued until the end of Jim Crow laws in 1964. (Woodward 25-26)

But it would not be truthful to claim that the position of the African American people was almost as before the war and that the years of the Reconstruction would not have any impact on their lives.

The aim of the Reconstruction was to turn the South back to normal as soon as possible. It would be wrong to think that this period is characterized by the efforts to make the Black people equal.

A tendency in the South to limit the possibilities of Black population appeared as shown above but despite these tendencies life of people started to change slowly in some parts. It is impossible to segregate people that live together for centuries. In the position of a master and a slave they had to live in a very close intimacy together, used for each other presence. Woodward shows for the example North Carolina during Reconstruction. People were used for each other presence and they were able to live with the Black people and the Black people started to appear (even in small numbers) in such institutions as polls, jury boxes, market places or council chamber. (26)

Woodward also points out the tentative atmosphere during years before Jim Crow in some states. People easily did not know how to face this new unprecedented situation. Black codes appeared, segregation laws were enacted but also Black people started to appear slowly in new positions – this was an unthinkable situation before the Civil war. (26)