by Ginny Dye
Matthew exchanged a long look with him before he opened the sheaf of papers he held. “I’ll read some of them in a minute, but the gist of their purpose is to restrict black people’s right to own property, conduct business, buy and lease land, and move freely through public spaces.” He paused, an anguished look in his eyes. “A central element of the Black Codes are the vagrancy laws. These states have mandated that a black who is not working is a criminal…” is voice trailed off, his face saying he didn’t want to continue.
“Just tell it to us straight, Matthew,” Moses said, his voice once more under control. “We already know it’s going to be bad.”
“Yes, it’s bad. Once a black has been designated a criminal, they can be hired out as convicts for labor — either to the plantations or for public works projects,” Matthew said flatly, only his eyes showing his disgust as he struggled to control his voice.
“So they have just reinstated a new kind of slavery,” Rose said, horror and bitterness lacing her words.
“It looks that way,” Matthew admitted sadly as he exchanged a long look with Robert, their years of friendship making words unnecessary for communication. It had taken many years for them to be on the same side in regard to slavery. He knew they both felt terrible for the freed slaves — he also knew they could only imagine what it was truly like for them.
“Read some of them,” June said, edging closer to Simon, as if her husband’s presence would protect her from the harshness. “The happiest day of my life was when Moses set me free from the plantation. I aim to live with my husband and raise my little boy in freedom. We have to know what we’re up against.”
Matthew sighed and held up the papers. “This is written in typical legal mumbo jumbo, but I’m going to read it just as it is in the Mississippi Constitution. This section is in regard to the vagrancy laws…”
That all freedmen, free negroes and mulattoes in this State, over the age of eighteen years, found on the second Monday in January, 1866 or thereafter, without lawful employment or business, or found unlawfully assembling themselves together, either in the day or nighttime, and all white persons so assembling themselves with freedmen, free negroes or mulattoes, or usually associating with freedmen, free negroes or mulattoes, on terms of equality, or living in adultery or fornication with a freed woman, free negro or mulatto, shall be deemed vagrants, and on conviction thereof shall be fined in a sum not exceeding, in the case of a freedman, free negro, or mulatto, fifty dollars, and a white man two hundred dollars, and imprisoned, at the discretion of the court, the free negro not exceeding ten days, and the white man not exceeding six months.
“So they’re even punishing sympathetic whites,” Jeremy said after a stark silence filled the room for long moments. “They’re covering their bases.”
“Just like they did with the Fugitive Slave Act,” Abby said with disgust. “I’ve had almost two weeks to absorb this, and it’s still just as horrifying as the first time I heard it!”
“I done come a long way with all of Rose’s schooling, and I almost be able to read, but I’ll admit I not be sure what you just read, Mister Matthew,” Annie said slowly. “Could you put that into plain English for me?”
“Of course, Annie,” Matthew replied. “Don’t feel badly. Most educated people have a hard time understanding this convoluted language,” he said with a smile. “It’s basically saying that a black person can be detained for any number of reasons, put into prison, and then hired out to local plantation owners as labor to pay off the fines they can’t afford to pay. If a white person tries to help them, they will go to prison or have to pay a big fine.”
“That be for any black person, or just the ones that used to be slaves?” Polly asked keenly.
“I’m afraid it means any black person,” Matthew answered honestly. “The days of things being better for blacks who were free before emancipation may have ended. I don’t believe anyone will make a distinction.”
“That’s the reason we left Maryland,” Gabe said angrily. “They were wantin’ to take Clint and Amber and force them into labor by taking away our custody. We left our home to get away from that. Now you’re telling me the entire South is going to be like that?” His voice was twisted with disbelief.
Matthew just looked at him, knowing there was nothing he could say to ease the anguish in Gabe’s eyes.
“They’re also talking about mulattoes,” Jeremy observed. “That means me.”
“You have to stay out of Richmond,” Rose cried as she edged closer to her twin. “You won’t be safe there.”
Jeremy reached out to take her hand. “I can’t hide here on the plantation, Rose,” he said gently.
“Why not?” Rose asked, desperation edging her voice as her eyes filled. “I’ve only known you for eight months. I won’t let some ignorant bigot take you away from me.”
Jeremy squeezed her hand tightly. “I have a factory to run,” he reminded her. “But more importantly, I refuse to live my life in fear. If we all run in fear, or give in to the mandates of the Black Codes, we’ll be letting them win.” He smiled softly as he gazed at Rose’s mutinous look. “All of us are going to have things to battle in the years ahead. I counted the cost before I decided to acknowledge my heritage. I knew there was risk involved, but I wouldn’t change my decision if I could make it again. I choose to live in honesty, and I’m proud to have the most wonderful twin in the world.”
The tears in Rose’s eyes spilled over. She turned to Matthew. “Have these laws passed in Virginia?”
“Not yet,” Matthew said slowly, but he refused to give her false hope.
“But they will,” Rose said flatly. Matthew’s silence was her answer.
“There’s more, isn’t there?” Carrie’s voice broke into the silence. “Tell us everything. We can’t protect ourselves or fight if we don’t know it all.”
Matthew waved the thick sheaf of paper. “I’ll tell you parts of them, but that’s why I brought this with me for all of you to read. The other states have worded things a little differently, but they basically all say the same thing.” He sighed heavily. “Whites can avoid the code’s penalty by swearing a pauper’s oath, but the sheriffs of each county have been mandated to hire out the blacks to whomever will pay their fine and all costs.”
“Meaning the plantation owners buy them again,” Simon said, rage filling his voice.
Matthew nodded. “There is also a special tax on blacks between the age of eighteen and sixty. Those who cannot pay can be arrested for vagrancy.”
“And sent back into forced labor,” Rose said, the horror growing in her voice. “Most of the freed slaves just starting out can’t pay a tax like that.”
Matthew plunged ahead, his expression saying he just wanted to get it over with. “Another law allows the state to take custody of children whose parents are deemed not able to support them. These children will be apprenticed to their former owners.” His voice deepened. “These apprentices can be disciplined with corporal punishment. They can also recapture apprentices who escape and put them in prison if they resist.”
“But what about the Thirteenth Amendment?” Carrie gasped. “Our country abolished slavery and involuntary servitude.”
“Mississippi rejected it on December fifth,” Matthew responded. “The others will follow them. They believe President Johnson’s willingness to give them their way has opened the door for them to ignore the amendment. They don’t believe there will be any consequences.”
A deep silence fell on the room as everyone struggled to absorb Matthew’s news.
“I’m sorry,” he said finally. “I wish I had better news.”
“Of course you do,” Moses said heavily. “No wonder you have been holding this back. It certainly would have put a damper on our holiday spirit.” He shook his head. “I’m trying to understand just what this will mean for all of us, for the South, and for our country as a whole.”
“It’s infuriating!” Abby broke in. “I just don’t understand how Presid
ent Johnson can allow all this to happen. What was the point of four horrible years of war? What is Congress going to do about it? I have friends in the Senate who have to be livid about this.”
Matthew nodded. “You’re right, Abby. Congress just reconvened. There have been a lot of senators who have tried to change our president’s course of action, but until Congress came back together, they could do little more than suggest, urge, and pressure. President Johnson has listened to no one.” He held up the sheaf of paper. “This is the result,” he said, his voice filled with disgust.
“It’s almost as if they believe slavery will be reinstated,” Robert said slowly, his voice thick with disbelief. “It seems they are simply creating a different name for slavery.”
Matthew nodded again. “I believe you’re right. Abby said it best at breakfast — we have changed the laws, but that has not changed people’s beliefs. Losing the war may have actually just intensified them. However irrational, the South blames the blacks for the war and for their defeat.”
“That’s ridiculous!” Carrie cried. “It was the white people who created slavery in the first place.”
Moses was the one to answer her outburst. “I don’t believe rational thinking figures into all this,” he said bluntly. “If they blame the blacks, they have to blame the ones who fought against them even more.” He gazed hard at Matthew.
Matthew remained silent for a long moment. “It’s worse,” he finally admitted, taking a deep breath. “There are white vigilante groups forming around the South.”
“So, Jerrod was telling the truth,” Simon said bitterly.
Everyone turned to look at him.
“Jerrod was a fella who came through a few weeks ago from Mississippi. He was looking for work, but we don’t need anyone right now. He told us he thought he might have been safe here on Cromwell but since there wasn’t any work, he was going north as far as he could. He told us about blacks being killed by groups of white men who descend on homes.” Simon’s face hardened. “Folks are being hanged, beaten, and whipped.” His voice cracked as he looked at Matthew. “It’s true?”
Matthew looked far older than his years as he answered. “I’m afraid it’s true.” He stood and paced to the window, gazed out for a long moment, and then swung back to stare at the group. “We knew it would be hard…” he began.
“Hard?” Rose cried. “This isn’t hard — this is slavery under a new name.” She gazed down at John who was curled up in the chair fast asleep and then clutched Hope closer to her chest. “I thought I was going to have a chance to raise my children as free people. Now I have to worry that someone could snatch them away from me and sell them to some planter as apprentices!” Her eyes shot around the room. “It could happen to little Simon or any of the other children here on the plantation.” Fear twisted her face. “It’s not right…” Her voice broke as she buried her face in Moses’s shoulder. “It’s not right…”
Carrie and Abby moved as one, kneeling in front of Rose and taking her hands as Moses wrapped a protective arm around her shoulders. They said nothing because there were no words to assuage the fear and agony she was feeling. Support was all they could offer.
“Congress will fight it,” Matthew said, a note of desperation in his voice.
“When?” Robert asked flatly.
“They just reconvened,” Matthew replied. “I already know of several Republican senators who have drafted a civil rights act that will fight the Black Codes.”
“And who will enforce them?” Jeremy asked bluntly. “President Johnson seems to not care what the southern governments are doing. He just seems to let them do whatever they want.”
“I know that’s what it looks like,” Matthew agreed. “I think even our president is appalled with the Black Codes, but he has alienated so much of the North with his policies that his only hope for re-election is southern support.”
“So that’s what it comes down to?” Carrie asked angrily. “Once again we sell out the rights of an entire people for political gain?” Her voice cracked. “What can we do?”
“We continue to fight for equality,” Abby said firmly. She lifted Rose’s tear-stained face so she could gaze into her eyes. “We continue to fight for the rights of every living being. We continue to fight for ourselves, for our children, and for the generations that will come.” She smiled slightly. “It’s either that or roll over and let them have their way.”
Matthew watched as the spark reignited in Rose’s eyes.
“Only over my dead body,” she murmured as she straightened her shoulders and lifted her chin.
“There are plenty of Republicans in Congress who are going to fight this,” Matthew said encouragingly. “It’s going to take some time, but I don’t think they will allow this to continue.”
“Can they stop it soon?” Jeremy asked keenly.
Matthew hesitated. “President Johnson’s policies have picked up a lot of momentum,” he responded honestly. “It’s going to take some time to turn them around.”
“Is there enough Republican support in Congress now to block President Johnson?” Abby asked sharply. “I can’t believe I even have to ask that question, but I’ve been so focused on the factory that I no longer know the answer.”
“I don’t know,” Matthew said honestly. “It may have to get worse before it gets better. There are Republicans who want equality for the blacks, but they are worn out from the years of war. They want to believe things will get better if they let the South figure things out.”
“That’s working well,” Carrie interjected sarcastically.
“Then there are the Republicans who are livid with Johnson,” Matthew continued. “They refuse to let the years of war be for nothing. They will fight him with everything they have and work to convince everyone else to join them.”
“Politics…” Jeremy muttered. “It was the politicians who allowed slavery and got us into the war in the first place.”
“Yes,” Matthew agreed. “But it’s the only system we have to create change. Against all odds, it was politicians who declared emancipation for the slaves. They created the Freedmen’s Bureau. I have to believe they will see it through.” His voice grew stronger. “We have to believe they will see it through. And we have to do everything we can to help make it happen.”
Abby focused her clear gaze on him. “You have a plan.”
Matthew smiled slightly. “Let’s just say I’m going to make sure everyone in the North knows what is really happening down here. I’m not going to let it slip to the back of their minds. In addition to writing the book I’ve been commissioned to write, I’ve been offered the opportunity to write a column for the major newspapers in the North. I said yes.”
“That’s wonderful!” Abby cried.
“It will give me a platform to let people know what is really happening,” Matthew said firmly.
“And in the meantime?” Jeremy asked.
“In the meantime, everyone has to be careful,” Matthew replied reluctantly. “We’re all in danger. We need to be aware, and we need to be careful.”
“Will that do any good?” Moses asked bitterly, almost as if he didn’t expect an answer.
Matthew gave him one anyway. “In spite of the threats this morning, you are safest here on the plantation. Even though Thomas will be in Richmond, Cromwell Plantation is well-respected. I believe anyone will think twice before they come here. I’m sure it doesn’t hurt either that everyone in the area knows the entire work force served as soldiers who saw battle. They may hate you more for it, but they aren’t going to want to come under your fire.”
“So the fight continues,” Moses said wearily. Then he straightened his shoulders. “It’s not like I didn’t know it would. I guess I just hoped for a longer respite,” he said ruefully.
“We’ll take care of our own,” Simon vowed.
“We’ll be ready,” Gabe said gravely.
“And I’ll stand with you,” Robert said. “This isn’t just a blac
k fight. It may have taken me a while to understand basic human rights, but all of you are my friends and family. I will do whatever it takes to help protect you.”
“And yourself,” Matthew reminded him. “Your very attitude makes you a target.” His eyes swung to Thomas. “Just like it does for you and Abby.” Then he looked at Jeremy.
Jeremy held up his hands. “Don’t worry. I know I’m a target. I won’t run and hide, but I’ll be as careful as I can be.”
Carrie took a deep breath of the crisp, cold air as she and Robert stepped out onto the porch under the glitter of millions of twinkling stars. It was still frigid, but a soft breeze had blown away the brutal cold of that morning.
Robert smiled down at her. “Sure you want to do this?”
“Absolutely!” Carrie responded enthusiastically. “We haven’t taken a nighttime ride in a long time.”
“And remind me why we have chosen one of the coldest nights of the year?”
Carrie laughed. “Getting soft on me?”
“I would prefer to say I am getting older and wiser as I age,” Robert responded smugly. “Not something you would recognize, though, I’m afraid.”
“Insult me all you want,” Carrie scoffed. “You’re still going to have to keep your promise. Not to mention the promise I made to Granite when I slipped outside earlier to give him his New Year carrots. Soft or not, we’re going for a ride.”
“Annie told me I couldn’t talk you out of it,” Robert said resignedly, his eyes lit with laughter as he grabbed her hand.
“You’ll be glad you couldn’t,” Carrie promised. “I have something to show you.” She hoped the slightly warmer air hadn’t taken away the surprise she had for her husband. The crunch of frozen grass under her feet indicated it had not.
Minutes later they were mounted, shunning saddles and riding bareback to take advantage of the horses’ body heat. Granite pranced excitedly, his arched neck glistening in the lantern light of the barn. Robert was mounted on a bay mare named Diamond because of the single white marking that decorated her forehead. Her expression was one of confusion as she gazed wistfully at the rest of the horses staring at them from their protected stalls. Clearly she did not share Granite’s anticipation of going out into the dark cold.
