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The Black Codes, sometimes called Black Laws, were laws governing the conduct of African Americans (free and freed blacks). The best known of them were passed in 1865 and 1866 by Southern states, after the American Civil War, in order to restrict African Americans' freedom, and to compel them to work for low wages. Although Black Codes existed before the Civil War and many Northern states had them, it was the Southern U.S. states that codified such laws in everyday practice. In 1832, James Kent wrote that "in most of the United States, there is a distinction in respect to political privileges, between free white persons and free coloured persons of African blood; and in no part of the country do the latter, in point of fact, participate equally with the whites, in the exercise of civil and political rights."[1]

Since the colonial period, colonies and states had passed laws that discriminated against free Blacks. In the South, these were generally included in "slave codes"; the goal was to reduce the influence of free blacks (particularly after slave rebellions) because of their potential influence on slaves. Restrictions included prohibiting them from voting (although North Carolina had allowed this before 1831), bearing arms, gathering in groups for worship, and learning to read and write. The purpose of these laws was to preserve slavery in slave societies.

Before the war, Northern states that had prohibited slavery also enacted laws similar to the slave codes and the later Black Codes: Connecticut, Ohio, Illinois, Indiana, Michigan,[2] and New York enacted laws to discourage free blacks from residing in those states. They were denied equal political rights, including the right to vote, the right to attend public schools, and the right to equal treatment under the law. Some of the Northern states, those which had them, repealed such laws around the same time that the Civil War ended and slavery was abolished by constitutional amendment.

In the first two years after the Civil War, white-dominated Southern legislatures passed Black Codes modeled after the earlier slave codes. (The name "Black Codes" was given by "negro leaders and the Republican organs", according to historian John S. Reynolds.[3][4][5]). Black Codes were part of a larger pattern of whites trying to maintain political dominance and suppress the freedmen, newly emancipated African-Americans. They were particularly concerned with controlling movement and labor of freedmen, as slavery had been replaced by a free labor system. Although freedmen had been emancipated, their lives were greatly restricted by the Black Codes. The defining feature of the Black Codes was broad vagrancy law, which allowed local authorities to arrest freedpeople for minor infractions and commit them to involuntary labor. This period was the start of the convict lease system, also described as "slavery by another name" by Douglas Blackmon in his 2008 book of this title.[6]