Showing posts with label Black Codes. Show all posts
Showing posts with label Black Codes. Show all posts

Tuesday, September 20, 2011

North Carolina: “Kirk-Holden War”

On June 6, 1870, Governor William Woods Holden, a Republican from Wake County, issued a five-hundred-dollar reward for the arrest or information leading to the capture of individuals involved in the deaths of John W. “Chicken” Stephens, Wyatt Outlaw, and several other North Carolinians. The proclamation, which also detailed various other acts of violence against African Americans and white Republicans, attributed the crimes to the Ku Klux Klan and was one of the many events leading to the “Kirk-Holden War.”


Following its formation in the aftermath of the Civil War, the Klan quickly spread across the South. In North Carolina, the Klan was not a monolithic organization; rather, it was a loose conglomeration of secret societies, which used terror and vigilante tactics in an attempt to reverse Republican electoral success and maintain white supremacy. While Klan activity occurred throughout North Carolina, it was particularly active in the Piedmont counties of Alamance and Caswell. Governor Holden attempted to use local authorities to control the violence, but in many cases county and community leaders were members of the Klan or sympathetic to its activities.

As events began to spiral out of control, the North Carolina General Assembly passed the “Shoffner Act,” introduced by Alamance County Republican senator T. M. Shoffner. The law enabled the governor to declare a county “to be in a state of insurrection, and to call into active service the militia of the state to such an extent as may become necessary to suppress such insurrection” if the local officials were incapable — or unwilling — to do so. Holden declared martial law in Alamance County on March 7, 1870, and in Caswell County on July 8.


Holden selected former Union colonel and cavalry leader George W. Kirk, who was born and raised in Greene County, Tennessee, to lead the state militia troops. Kirk’s infamy and reputation as a Union “bushwhacker,” whose Federal units terrorized Southern mountain communities, resonated deeply throughout the state. The newly constituted force of state militia, predominately consisting of men from eastern Tennessee and western North Carolina, arrived in Alamance and Caswell Counties in July and arrested over 100 individuals, mostly without incident. The prisoners were jailed in Caswell County, while awaiting trial before a special military court. Holden and Kirk ignored writs of habeas corpus that were issued by a state judge, and the defendants and their supporters turned to the federal judiciary for assistance. Support for the governor’s controversial measures faltered, and President Ulysses S. Grant warned Holden that the national government would no longer support his actions. The suspected Klan leaders and members were released in late August, and, in November, Alamance and Caswell Counties were declared to no longer be in a state of insurrection.


The events of the “Kirk-Holden War,” as it came to be called by those opposed to Governor Holden’s actions, and the subsequent electoral collapse of the state Republican Party in 1870 were substantial factors in the December 1870 impeachment and March 1871 conviction of Holden.

Monday, May 16, 2011

Connecticut's "Black Law" (1833)



Lacking no legal means to prevent Prudence Crandall from opening her school, Andrew Judson, a local politician, pushed legislation through the Connecticut Assembly outlawing the establishment of schools "for the instruction of colored persons belonging to other states and countries." But the tide of abolitionism was turning, for five years later, in 1838, Connecticut's Black Law was repealed. Phillip Pearl, the chairman of the committee that had passed the Black Law, led the movement for its repeal, telling a friend, "I could weep tears of blood for the part I took in that matter--I now regard that law as utterly abominable." (Yale)

Connecticut's "Black Law" (1833)
An act in addition to an Act entitled "An Act for the admission and settlement of Inhabitants of Towns."
WHEREAS, attempts have been made to establish literary institutions in this State for the instruction of colored persons belonging to other states and countries, which would tend to the great increase of the colored population of the State, and thereby to the injury of the people: Therefore,

Sec. 1. Be it enacted by the Senate and House of Representatives, in General Assembly convened, That no person shall set up or establish in this State, any school, academy, or literary institution, for the instruction or education of colored persons who are not inhabitants of this State, nor instruct or teach in any school, academy, or literary Institution whatsoever in this State, or harbor. or board, for the purpose of attending or being taught or instructed in any such school, academy or literary institution, any colored person who is not an inhabitant of any town in this state, without the consent, in writing, first obtained of a majority of the civil authority, and also of the select men of the town in which such school, academy, or literary institution is situated; and each and every person who shall knowingly do any act forbidden as aforesaid, or shall be aiding or assisting therein; shall, for the first offence, forfeit and pay to the treasurer of state, a fine of one hundred dollars, and for the second offence shall forfeit and pay a fine of two hundred dollars, and so double for every offence of which he or she shall be convicted. And all informing officers are required to make due presentment of all breaches of this act. Provided, That nothing in this act shall extend to any district school established in any school society, under the laws of this state, or to any incorporated academy or incorporated school for instruction in this state.

Sec. 2. Be it further enacted, That any colored person, not an inhabitant of this state, who shall reside in any town therein for the purpose of being instructed as aforesaid, may be removed in the manner prescribed in the sixth and seventh sections of the act to which this is in addition.

Sec. 3. Be it further enacted, That any person, not an inhabitant of this state, who shall reside in any town therein, for the purpose of being instructed as aforesaid, shall be an admissible witness in all prosecutions under the first section of this act, and may be compelled to give testimony therein, notwithstanding any thing contained in this act, or the act last aforesaid.

Sec. 4. Be it further enacted, That so much of the seventh section of the act to which this is an addition, as may provide for the infliction of corporeal punishment, be, and the same is hereby repealed.

SAMUEL INGHAM, Speaker of the House of Representatives.
EBENEZER STODDARD, President of the Senate.
Approved, May 24, 1833.

(source: Yale)