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March 22, 2017

Black Codes, Jim Crow, and Social Control in the South

The American Story is not an easy one to tell. As Americans, we have superb war stories, we have stories of major sporting events, and we have the stories that will haunt us forever. I speak of course of the treatment of African Americans during times of civil unrest in the United States of America.

The South, post Civil War, was filled with uncertainty. After the additions of the thirteenth, fourteenth, and fifteenth amendments, African Americans were given basic civil rights equal to their fellow white Americans. There seemed to be an extreme power shift. No longer were they slaves. As much as this would seems like progress, when we look deeper and analyze the situation, we notice that this was perhaps just a shimmy forward.

During a brief time known as Presidential Reconstruction, the South was allowed to go back to their old ways of bigotry. One of their first attempts was the creation of a new set of anti-freedmen laws known as the Black Codes. These Black Codes were an early attempt at being able to control the lives of the newly freed African American population in the South. Though these laws did grant some basic rights, such as the right to marry and land ownership, they refused certain rights like the right to testify against a white person in court, the right to serve in state militias, and (before the ratification of the fifteenth amendment) the right to vote.1

These Black Codes faced a temporary setback in the years 1867-1877, a period now known as Radical Reconstruction, where northern Republican politicians attempted to force the former Confederate States to integrate their Freedmen populations into Southern society. In 1877, those earlier Black Codes found new life with an even harsher set of laws. The Black Codes gave way to a new wave of discrimination called the Jim Crow Laws, named after a fictional character who misrepresented African-Americans as unintelligent human beings.2 These Jim Crow Laws hit African Americans in all places. For voting, most southern states placed poll taxes and literacy tests that didn’t explicitly disadvantage African Americans, but ended up doing so. A more direct attack was the segregation of almost everything. Pools, water fountains, restrooms, movie theaters, and even park benches were labeled as White Only or Colored Only. There were major consequences for ignoring or violating these laws.3 The new set of Jim Crow laws were legitimized by none other than the Supreme Court. In 1896, the decision of Plessy vs. Ferguson, the Supreme Court case based on a similar event to that of Rosa Parks years later, declared that the “Separate, but Equal” clauses that some states used, such as Louisiana, did not violate the Fourteenth Amendment. After the seven to one vote passed, Southern politicians began to double down and become harsher now that law was fully on their side.4

Early depiction of Tar and Feathering during American Revolutionary War | Courtesy of Wikimedia Commons

But these legal forms of social control were reinforced by a number of extra-legal forms, namely lynching. Lynching is a form of vigilante justice where extralegal means are used on individuals by taking the law into one’s own hands to inflict physical punishment or even death upon another person.5

Until 1850, most acts of lynching in the United States were non-lethal.5 During the American Revolutionary War, patriots would seize and destroy any opposing loyalist’s shop and burn it to the ground or seize the persons themselves and proceed to tar and feather them. The use of lynching was just a form of intimidation. Even before the Civil War, lynchings of African Americans were physical beat downs, but rarely was someone killed. The modern sense of lynching wasn’t used until the eve of the Civil War as Southerners began to use such methods to put down slave insurrections. After the Civil War, lynching evolved into the lethal forms of torture, burning, shootings, and, most notably, hanging.

According to the Tuskegee Institute, from the year 1882 to 1968 there were 4,743 lynchings reported across the United States, where 3, 446 or 73% of those lynched were African Americans.7 The most important thing to note from these statistics is that those lynched were people, not merely numbers on a page.

One notable lynching story is that of the young Emmett Till in 1955. Emmett Till was a fourteen year old boy from Chicago, Illinois who decided to go on a trip to Mississippi to visit some of his family.8 A fact that we know now is that over five hundred and eighty-one people were lynched in Mississippi, the highest of any other state in the Union.9 In a documentary titled “The Murder of Emmett Till,” Mamie Till, Emmett’s mother, warned him:

“… Mississippi is not Chicago. And when you go to Mississippi, you’re living by an entirely different set of rules. Ah, it is, ‘yes, ma’am’ and ‘no, ma’am’, ‘yes, sir’ and ‘no, sir’… And, Beau, if you see a white woman coming down the street, you get off the sidewalk and drop your head. Don’t even look at her.”10 

Though she explained that she was exaggerating, what she feared for her son was what sadly occurred. While in Mississippi, Till–along with some cousins and friends–entered a shop run by Carolyn Bryant, a white woman. Reports vary about the specifics, but according to Bryant, Till made inappropriate remarks, whistled at her, and even said “Bye, Baby” as he left. After telling her husband, Roy Bryant, of the situation with Till in the store, Bryant and his brother-in-law J.W. Milam left in anger. The two abducted Till in the night from his relative’s home, beat him senseless and shot Till. They then tied pieces of metal to his body and threw the fourteen-year-old boy into the Tallahatchie River.11 

Emmett Till before his Lynching | Courtesy of Wikimedia Commons

Three days passed before the body was found by young boys fishing in the river. Roy Bryant and J.W. Milam were acquitted of their crime.12 The injustice of this crime soon shot all around the country. Though most African Americans saw the passing of Brown vs. Board of Education in 1954, which declared that separate but equal was unconstitutional, as a major step forward, people began to look farther and see that the United States still had a long way to go for equality.

Emmett Till after his lynching | Courtesy of Image Editor on Flickr

The murder of Emmett Till was the true catalyst of the Civil Rights Movement. At the funeral for the young Till, his mother invited a photographer for Jet Magazine, a magazine for African Americans. The picture taken, to the right, was published and people everywhere were now able to see this monstrous act. Rosa Parks, the brave woman who most historians give credit for the beginning of the Civil Rights Movement, claimed that her knowledge of Emmett Till’s death and along with others, was one of the reasons for why she stood her ground on that bus in December of 1955.13

It would take many more years and many arrests for yet many more murders until the African American community felt safe from this type of vigilante violence. After Till, boycotts and marches become prominent in the South. One Reverend Dr. Martin Luther King Jr. began to rise from the ashes of the earlier lynchings and began to use his voice to speak out against these lynchings and violence, and lead against all the negative things that African Americans faced in the South. The NAACP (National Association for Advancement of Colored People) and other freedom fighting organizations partnered up and began to protest for African Americans rights. In 1957, the Civil Rights Act of 1957 was passed, yet this didn’t advance the lives of African Americans as much as it should have. More marches and people lost to senseless violence brought more civil rights acts such as the Civil Rights Acts of 1960, 1964, 1968, and 1991.14

History will go on, as historians it is our duty to record these brutal events and write down these statistics. As we write down these numbers and put our pens to paper and report, we must not forget that those lost are not just letters lost in a book or numbers typed into neat little columns. These people are the true victims and we must not forget. Learn your history, and know your truth.

  1. Eric Foner, Give Me Liberty!: An American History. Volume 2 (New York: W.W. Norton & Company, 2016), 180.
  2. Salem Press Biographical Encyclopedia, January 21016, s.v. “Jim Crow in the U.S South,” by David M. Brown.
  3.  Salem Press Biographical Encyclopedia, January 2016, s.v. “Jim Crow Laws,” by William Moore.
  4.  Salem Press Biographical Encyclopedia, September 2015,  s.v. “Separate, but Equal Doctrine and the Supreme Court,” by Pamela Haldeman.
  5. Salem Press Biographical Encyclopedia, December 2015, s.v. “Lynching,” by Darryl Paulson.
  6. Salem Press Biographical Encyclopedia, December 2015, s.v. “Lynching,” by Darryl Paulson.
  7. “Lynching Statistics,” Journal of the American Institute of Criminal Law and Criminology 9, no. 1 (1973): 144–46.
  8. Salem Press Biographical Encyclopedia, January 2016, s.v. “Emmett Till,” by Catherine R. Squires.
  9. “Lynching Statistics,” Journal of the American Institute of Criminal Law and Criminology 9, no. 1 (1973): 144–46.
  10.  The Murder of Emmett Till, directed by Stacey Nelson (Arlington: PBS, 2003).
  11. The Murder of Emmett Till, directed by Stacey Nelson (Arlington: PBS, 2003).
  12. Salem Press Biographical Encyclopedia, January 2016, s.v “Emmett Till,” by Catherine R. Squires.
  13. Eyes on the Prize , directed by Madison Davis Lacy, Jr. (Mississippi: PBS, 2006).
  14.  Salem Press Biographical Encyclopedia,  March 2016, s.v. “Civil Rights Movement in the 1950’s,” by Carl Bankston.

Roberto Tijerina

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Recent Comments

42 comments

  • Gabriela Serrato

    I am glad that another article has tackled and is speaking about the disastrous occurrences that black americans faced for a long duration of history. It really is unimaginable and hard to believe that such hate came upon people simply because of the color of their skin. It sickens me that Till was ravenously murdered, in such a torturous way. I am disgusted that people could have such hate in their hearts towards people that is so strong that they have the nerve to hurt and harm others. It is very true that we must not ignore this part of history, as it is vital for present day citizens to see and acknowledge all aspects of history.

  • Anayeli Prieto

    First off, great article! when I was reading your article it made me think of all the sad discrimination that African Americans had to live through. the Separate but Equal law was just ridiculous, because there is no equality demonstrated. they are still seen as different then the whites and they are still being discriminated. they are being harmed an they are sometimes faced with violence which just demonstrates how terrible discrimination is.

  • Natalia Zuniga

    Great job Roberto! I can tell you but a lot of time and research into this article. I never realized that the Jim Crow laws were a result of the Black Codes. I knew that it took a lot and while for the segregation to come to an end. It is terrible all that they went through just to have basic human rights.

  • Alyssa Valdez

    I remember learning about the Jim Crow laws in highschool and I believe your article was very interesting and very well put together. I can tell you put a lot of time and research into your article. I think you did well highlighting some important figuers during this time Such as Martin Luther King Jr. and Rosa Parks. it is so infuriating to think about how african americans were treated back then.

  • Gabriela Medrano

    I had never heard the terms Presidential Reconstruction and Radical Reconstruction in times like this era, interesting to know that it was also referred to as such. The Black Codes in a way seemed to have stripped these newly “freed slaves” of their rights even if it brought upon them other kind like the right to marry and own land. I found it interesting that the Black Codes was sort of a gateway to the Jim Crow Laws, I’m glad you explained the relationship between the two. The story on Emmett Till was very moving and a great highlight in your artice and great use of media, so well done! Loved the article

  • Cesar Zavala

    This was a very well written article with lots of facts, such as the number of lynches which occurred on U.S soil. I am sure that there were still many more lynchings which happened that were not recorded along with the other 4,743 which you wrote about. Something I did not know before reading your article was that the term lynching was not only used for hanging but for many other types of punishment.

  • Ana Gonzalez

    This part of American History is extremely saddening and disappointing, but I agree that it must be told as the way it was. After centuries of slavery, African Americans still had to suffer from these absurd Jim Crow Laws that promoted violence, inequality and prejudice. Murders, like Emmett Till’s, were a constant occurrence and yet the law was never in favor of African Americans. I’m glad that those days are now over but I do believe that racism continues in America and it will remain for a long time. Thank you for your article. Good Job!

  • Marissa Gonzalez

    I loved the way this article was written because it had my attention the whole time I was reading it. One thing I found really interesting was that Emmett Till was one of the reasons why Rosa Parks did not give up her seat to a white man on the bus. It is so hard to imagine so many people were lynched and the horrific ways they were done. It was a good thing that the photo of Emmett Till was released because it gave people a reality check of what was really occurring. It gave rise to the voice of more people and the Civil Rights Movement. The mindset of Americans have changed, however, racism still exists today in which there is still more work to be done to reach all equality for all. Great article!

  • Lianna Ybarra

    I had read the article about the lynching on the website already and found it so sad. So to read more into it and what had happened was interesting. I didn’t know the Jim Crow Laws were named after a fictional character and I didn’t know that Mississippi was the state with the highest number of lynches. The story of Emmett Till is horrible. I can’t believe that two human beings could actually do that to one person. Overall a great article, I like how you gave some background information first and then went into the different types of injustice done.

  • Hayden Hollinger

    I thoroughly enjoyed reading this article. I find that often in America people can ignore the problems they are faced with and the issues that go on in the country. I admire this article in the sense that it addresses the major issue of the treatment of African Americans in times of civil unrest. This article was well written and had a lot of interesting facts throughout

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