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jim-crow-history

Jim Crow - History

This article traces the historical development of the system of racial segregation and disenfranchisement known as Jim Crow, primarily in the southern United States, from its antebellum antecedents through its codification in law, its operation, and its dismantling. For the broader subject, see Jim Crow. For analysis of the political coalitions that enabled or opposed Jim Crow, see Conservative Coalition Origins - Debate. For debate over how the Progressive Era related to the consolidation of segregation, see Progressive Era - Race Debate. For left-wing critique of New Deal-era accommodations with segregation, see New Deal - Left Critique Viewpoint.

Origins of the Term

The name “Jim Crow” derived from a stock minstrel character popularized in the 1830s by white performer Thomas D. Rice, who performed in blackface under the name “Jim Crow” in songs and dances caricaturing African-Americans.1) By the 1840s, “Jim Crow” had become a derogatory slang term for black Americans generally, and by the late nineteenth century it was applied to the laws and customs of racial separation.2)

Antebellum and Wartime Antecedents

Racial separation in public conveyances and facilities existed in parts of the antebellum North before the Civil War; Massachusetts courts upheld segregated schooling in *Roberts v. City of Boston* (1850) before the state legislature banned the practice in 1855.3) In the South, the institution of slavery itself structured racial separation until its abolition by the Thirteenth Amendment in 1865.

Reconstruction, 1865-1877

Following the Civil War, southern state legislatures enacted Black Codes restricting the freedoms of former slaves, including labor contracts, vagrancy provisions, and limits on firearm ownership and property.4) Congress responded with the Civil Rights Act of 1866, the Fourteenth Amendment (1868), and the Fifteenth Amendment (1870), and Reconstruction governments, with biracial legislatures in several states, passed civil rights statutes barring discrimination in public accommodations.5) Federal troops were stationed in southern states to enforce these measures during this period.

The Compromise of 1877, which resolved the disputed presidential election between Rutherford B. Hayes and Samuel Tilden, is widely described as having resulted in the withdrawal of remaining federal troops from southern statehouses, ending Reconstruction.6) See jim-crow-compromise-1877-controversy for disputed accounts of the bargain's terms and significance.

Redemption and the Transitional Period, 1877-1890s

Historians have debated the degree to which strict legal segregation followed immediately upon Redemption-era “Redeemer” governments retaking power. Woodward's influential 1955 account argued that the 1880s were a period of relative fluidity in race relations before the hardening of segregation in the 1890s;7) this thesis has since been challenged by historians citing earlier instances of de facto and de jure separation. See jim-crow-origins-timing-controversy.

During this period, the Supreme Court in the *Civil Rights Cases* (1883) struck down the Civil Rights Act of 1875, ruling that the Fourteenth Amendment did not empower Congress to prohibit discrimination by private individuals or businesses.8) Some southern states began passing laws requiring separate railway cars for black and white passengers, beginning with Tennessee in 1881 and followed by other states through the 1880s and 1890s.9)

Codification, 1890s-1910s

Mississippi's constitutional convention of 1890 adopted poll taxes, literacy tests, and understanding clauses designed to disenfranchise black voters while evading the Fifteenth Amendment's prohibition on race-based exclusion; other southern states adopted similar constitutional provisions through the early twentieth century, including South Carolina (1895), Louisiana (1898), North Carolina (1900), Alabama (1901), Virginia (1902), Georgia (1908), and Oklahoma (1910).10) Louisiana's “grandfather clause,” exempting from literacy tests those whose ancestors had voted before 1867, was a widely imitated device.

The Supreme Court upheld state-mandated segregation in *Plessy v. Ferguson* (1896), ruling that separate accommodations for the races did not violate the Equal Protection Clause provided the accommodations were ostensibly equal.11) Justice John Marshall Harlan dissented alone. Following *Plessy*, southern states extended segregation statutes to schools, hospitals, parks, theaters, and other public facilities and to private businesses serving the public, in a body of law collectively termed Jim Crow.12)

Violence accompanied disenfranchisement and segregation throughout this period, including the Wilmington massacre of 1898, in which a white mob overthrew the elected biracial municipal government of Wilmington, North Carolina, and lynching, which the Tuskegee Institute and NAACP recorded at its peak in the 1890s.13)

Progressive Era, 1900s-1920s

The relationship between southern Progressivism and the consolidation of Jim Crow has been a subject of historiographical debate; some historians have characterized disenfranchisement and segregation as themselves “progressive reforms” promoted by the same coalitions and rhetoric as other contemporaneous reform measures.14) See Progressive Era - Race Debate for fuller treatment of this dispute. President Woodrow Wilson's administration extended segregation to federal civil service employment after 1913.15)

This era also saw the founding of organizations opposing Jim Crow, including the Niagara Movement (1905) and the National Association for the Advancement of Colored People (1909), and the beginning of the Great Migration of African-Americans from the rural South to northern and midwestern cities, which accelerated during and after World War I.16)

Interwar Period and the New Deal, 1920s-1930s

Jim Crow remained largely intact through the 1920s and 1930s. New Deal legislation under President Franklin D. Roosevelt is widely described by historians as having accommodated southern segregation, in part through exclusions and administrative structures affecting agricultural and domestic workers, occupations disproportionately held by black southerners, and through the legislative influence of southern Democrats in Congress.17) For critique of this accommodation from the political left, see New Deal - Left Critique Viewpoint; for debate over the role of the southern Democratic-northern conservative alliance in shaping mid-century policy, see Conservative Coalition Origins - Debate.

World War II and Postwar Period, 1940s-1950s

Wartime labor demands and the threat of a march on Washington organized by A. Philip Randolph led President Roosevelt to issue Executive Order 8802 in 1941, banning discrimination in defense industry employment.18) President Harry Truman desegregated the armed forces by Executive Order 9981 in 1948.

The Supreme Court's unanimous decision in *Brown v. Board of Education* (1954) held that state-mandated segregation in public schools violated the Equal Protection Clause, overturning *Plessy*'s “separate but equal” doctrine as applied to education.19) Southern resistance followed, including the “Southern Manifesto” of 1956, signed by 101 members of Congress, and state efforts at massive resistance to school desegregation, exemplified by the 1957 crisis at Little Rock Central High School.

Civil Rights Movement and Dismantling, 1955-1968

The Montgomery bus boycott (1955-1956), the founding of the Southern Christian Leadership Conference (1957), sit-in protests beginning in Greensboro (1960), Freedom Rides (1961), and demonstrations in Birmingham (1963) and Selma (1965) constituted a sustained movement against Jim Crow practices, met in many instances by violent resistance from local authorities and private actors.20) Congress enacted the Civil Rights Act of 1964, prohibiting discrimination in public accommodations and employment, and the Voting Rights Act of 1965, suspending literacy tests and authorizing federal oversight of voter registration in covered jurisdictions.21) The Fair Housing Act of 1968 prohibited discrimination in the sale and rental of housing.

Legacy

The Supreme Court's decision in *Shelby County v. Holder* (2013) invalidated the Voting Rights Act's coverage formula for federal preclearance of changes to state voting laws.22) Historians and legal scholars continue to debate the long-term effects of Jim Crow on subsequent social and economic conditions; see Jim Crow for related Viewpoint and Consensus pages addressing this question.

Controversies

Footnotes

  1. Eric Lott, *Love and Theft: Blackface Minstrelsy and the American Working Class* (New York: Oxford University Press, 1993).
  2. C. Vann Woodward, *The Strange Career of Jim Crow*, 3rd rev. ed. (New York: Oxford University Press, 1974).
  3. Leon Litwack, *North of Slavery: The Negro in the Free States, 1790-1860* (Chicago: University of Chicago Press, 1961).
  4. Eric Foner, *Reconstruction: America's Unfinished Revolution, 1863-1877* (New York: Harper & Row, 1988).
  5. J. Morgan Kousser, *The Shaping of Southern Politics: Suffrage Restriction and the Establishment of the One-Party South, 1880-1910* (New Haven: Yale University Press, 1974).
  6. W. Fitzhugh Brundage, *Lynching in the New South: Georgia and Virginia, 1880-1930* (Urbana: University of Illinois Press, 1993).
  7. Eric S. Yellin, *Racism in the Nation's Service: Government Workers and the Color Line in Woodrow Wilson's America* (Chapel Hill: University of North Carolina Press, 2013).
  8. James R. Grossman, *Land of Hope: Chicago, Black Southerners, and the Great Migration* (Chicago: University of Chicago Press, 1989).
  9. Ira Katznelson, *Fear Itself: The New Deal and the Origins of Our Time* (New York: Liveright, 2013).
  10. Merl E. Reed, *Seedtime for the Modern Civil Rights Movement: The President's Committee on Fair Employment Practice, 1941-1946* (Baton Rouge: Louisiana State University Press, 1991).
  11. Taylor Branch, *Parting the Waters: America in the King Years, 1954-63* (New York: Simon & Schuster, 1988).
  12. *Civil Rights Cases*, 109 U.S. 3 (1883).
  13. *Plessy v. Ferguson*, 163 U.S. 537 (1896).
  14. *Brown v. Board of Education*, 347 U.S. 483 (1954).
  15. *Shelby County v. Holder*, 570 U.S. 529 (2013).
  16. Civil Rights Act of 1964, Pub. L. No. 88-352, 78 Stat. 241.
  17. Voting Rights Act of 1965, Pub. L. No. 89-110, 79 Stat. 437.
1)
Eric Lott, *Love and Theft: Blackface Minstrelsy and the American Working Class* (New York: Oxford University Press, 1993), 23-25.
2)
C. Vann Woodward, *The Strange Career of Jim Crow*, 3rd rev. ed. (New York: Oxford University Press, 1974), 7.
3)
Leon Litwack, *North of Slavery: The Negro in the Free States, 1790-1860* (Chicago: University of Chicago Press, 1961), 113-152.
4)
Eric Foner, *Reconstruction: America's Unfinished Revolution, 1863-1877* (New York: Harper & Row, 1988), 199-209.
5)
Foner, *Reconstruction*, 364-369.
6)
Woodward, *Strange Career*, 6.
7)
Woodward, *Strange Career*, 31-65.
8)
109 U.S. 3 (1883).
9)
Woodward, *Strange Career*, 67-68.
10)
J. Morgan Kousser, *The Shaping of Southern Politics: Suffrage Restriction and the Establishment of the One-Party South, 1880-1910* (New Haven: Yale University Press, 1974), 238-265.
11)
163 U.S. 537 (1896).
12)
Woodward, *Strange Career*, 81-116.
13)
W. Fitzhugh Brundage, *Lynching in the New South: Georgia and Virginia, 1880-1930* (Urbana: University of Illinois Press, 1993), 1-6.
14)
Woodward, *Strange Career*, 78-80.
15)
Eric S. Yellin, *Racism in the Nation's Service: Government Workers and the Color Line in Woodrow Wilson's America* (Chapel Hill: University of North Carolina Press, 2013), 1-10.
16)
James R. Grossman, *Land of Hope: Chicago, Black Southerners, and the Great Migration* (Chicago: University of Chicago Press, 1989), 3-14.
17)
Ira Katznelson, *Fear Itself: The New Deal and the Origins of Our Time* (New York: Liveright, 2013), 160-169.
18)
Merl E. Reed, *Seedtime for the Modern Civil Rights Movement: The President's Committee on Fair Employment Practice, 1941-1946* (Baton Rouge: Louisiana State University Press, 1991), 23-45.
19)
347 U.S. 483 (1954).
20)
Taylor Branch, *Parting the Waters: America in the King Years, 1954-63* (New York: Simon & Schuster, 1988), 143-205.
21)
Civil Rights Act of 1964, Pub. L. No. 88-352, 78 Stat. 241; Voting Rights Act of 1965, Pub. L. No. 89-110, 79 Stat. 437.
22)
570 U.S. 529 (2013).
jim-crow-history.txt · Last modified: by 127.0.0.1

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