Gender, Race, and Class in Today’s America

Learning Objectives:

The learning objectives of this curriculum unit is to have students better understand some of the historical issues surrounding the relationship between the African American males and white law enforcement interactions that have evolved into today’s construct.  Specifically, the “Us versus Them Mentality” between both groups.  The students should receive a comprehensive overview of the historical aspects of the African American male.  They will better understand the responsibilities of police officers in their assigned duties in protecting diverse communities.  The students will have a better understanding of how both groups must work together to ensure cohesiveness.  Students will also have an opportunity to express their concerns with this very sensitive topic.  It is important for the student to have a balance of history and current issues, but also must understand that all police are not bad and all young black males are not bad.  There must be a bridge to reduce the volatile encounters between the two groups.  Tolerance and understanding are imperative.  Suggestions that follow in the “Police Accountability” section of this curriculum unit may be helpful in this capacity.

Slavery – 1619

In 1619 Africans from the coast of Africa were placed on ships and shipped to America.  This migration to America was by force.  The African people were in captivity as enslaved individuals.  Enslavement was a part of the American culture and sanctioned by all laws.  The practice of enslavement presented many of these people with dire consequences.  They were seen as nothing more than property…bought and sold at auction as cattle.  They were not considered ‘human”.  They experienced mental, emotional, sexual, reproductive and physical abuse at the hands of the white slave owners.  They were expected to obey the master.  If they did not obey, they would be beat or whipped, physically abused and treated in the most inhuman way as possible.  In addition to the abuse of these slaves, they were not allowed to have an education. According to Frederick Douglass, (a slave), he states in his autobiography “slavery has a natural, an inevitable tendency to brutalize every noble faculty of man.”³  For these reasons, many slaves tried to run away.

Fugitive Slave Act of 1850

The Fugitive Slave Act was enacted on September 1, 1850 by Congress.  The act allowed runaway slaves to be captured and returned to their masters.  This law included free slaves that lived in free states as well.  This Act allowed the United States government to be in control of apprehending the fugitive slaves, along with trying them for running away and/or returning them to their slave master.  Note that in the Narrative of the Life of Frederick Douglass, he said he feared how treacherous whites can be with returning fugitives.  A specific passage states, “I feared they might be treacherous.  White men have been known to encourage slaves to escape, and then, to get the reward, catch them and return them to their masters”⁴

In Section 5 of the Fugitive Slave Act of 1850, the slaves are referred to as “fugitives from service or labor”.  It further states “that the person arrested does in fact owe service or labor to the person or persons claiming him or her…”.  The marshal or deputy marshal was charged with apprehending the fugitive slave.  Section 5 of the Act goes on to say “[the officers are] to use such reasonable force and restraint as may be necessary, under the circumstances of the case, to take and remove such fugitive person back to the State or Territory whence he or she may have escaped as aforesaid. “In no trial or hearing under this act shall the testimony of such alleged fugitive be admitted in evidence…”  This section is where the problem lies.  The slave is nothing more than property (even though they may be free and live in a free state).  The government “marshals” are responsible for apprehending the slave and the authority of this Act gives the “law enforcers” the right to use reasonable force and restraint as may be necessary”.  Here, we have the discretion of the law enforcement officers.  There is no scale to determine what is and is not reasonable force, or what measures of restraint is acceptable.  Further, the fugitive slaves enjoyed no due process of law.  They were not allowed to give testimony in the trial or hearing of said fugitive accusation.  This Act definitely sets precedent for abuse by law enforcement officers and vigilante justice against the slave.  As history will record, many of these fugitive slaves succumb to lynching upon apprehension.  History further bear witness to the fact that many atrocities perpetrated upon black men and boys during this time were under the auspices of police chiefs, police officers and police departments.  There is a total of 10 Sections to this Act.  You could assign portions of this Act to students for them to look at the lack of due process for fugitive slaves, versus today’s laws for individuals arrested for criminal offenses.

The Black Codes of 1865

African Americans are freed after the Civil War.  Approximately 4 million slaves were set free.  After the Civil War ended, white Southerners sought to keep many of the slave practices in place.  The Black Codes were derived by white men to continue to oppress the freed black slaves.  Many of the freed black slaves had nowhere to go.  They needed to be cared for. They were without education, homes, food, family, etc.  Because of this, Congress enacted the Freedmen’s Bureau.  This Bureau helped to supply many needs of former slaves.  Former slaves were also given the opportunity to attend school.  Many state legislatures, however, enacted laws that suppressed the freedom of the former black slaves. Thus, the Black Codes were enacted.

The Black Codes applied only to “persons of color” (meaning anyone with more than one-eighth Negro blood).⁵.  The purpose of the Black Codes was for white Southerners to maintain some type of control over former slaves.  The Black Codes did allow blacks to own land, sue and be sued, testify in court and have their marriages recognized.  However, many laws still prevailed against the freed slaves.  The Black Codes did not allow freed slaves to own guns, liquor and they could only hold such jobs as servants or farmers.