The original codes favored by the Southern legislatures were an astonishing affront to emancipation and dealt with vagrancy, apprenticeship, labor contracts, migration, civil and legal rights. In all cases, there was plain and indisputable attempt on the part of the Southern states to make Negroes slaves in everything but name. They were given certain civil rights: the right to hold property, to sue and be sued. The family relations for the first time were legally recognized. Negroes were no longer real estate.

Yet, in the face of this, the Black Codes were deliberately designed to take advantage of every misfortune of the Negro. Negroes were liable to a slave trade under the guise of vagrancy and apprenticeship laws; to make the best labor contracts, Negroes must leave the old plantations and seek better terms; but if caught wandering in search of work, and thus unemployed and without a home, this was vagrancy, and the victim could be whipped and sold into slavery. In the turmoil of war, children were separated from parents, or parents unable to support them properly. These children could be sold into slavery, and “the former owner of said minors shall have the preference.” Negroes could come into court as witnesses only in cases in which Negroes were involved. And even then, they must make their appeal to a jury and judge who would believe the word of any white man in preference to that of any Negro on pain of losing office and caste.