Once it was shown that slavery paid, its status became fixed as adamant. The South forthwith ceased weakly to apologize for it, as it had formerly done, and began to defend it, at first with some hesitation, then with boldness, and finally with vehement aggressiveness. It was economically necessary; it was morally right; it was the peculiar Southern domestic institution; and, above all, it paid. On every basis of its defense, the cotton kingdom would brook no interference from any other section of the country. So there was formed a race feudality in the Republic, rooted in profits, protected by the political power of the slave lords, and enveloped in a spirit of defiance and bitterness which reacted without mercy upon its victims. Tighter and tighter were drawn the coils of restrictions around the enslaved race. The mind and the soul as well as the body were placed under domination. They might marry to breed but not to make homes. Such charity and kindness as they experienced, they received entirely from individual humane masters; society treated them merely as chattels.

Attempted insurrections, such as that in South Carolina in 1822 and that in Virginia in 1831 in which many whites and blacks were killed, only produced harsher laws and more cruel punishments, until finally the slave became convinced that his only salvation lay in running away. The North Star was his beacon light of freedom. A few thousand made their way southward through the chain of swamps that skirt the Atlantic coast and mingled with the Indians in Florida. Tens of thousands made their way northward along well recognized routes to the free States and to Canada: the Appalachian ranges with their far-spreading spurs furnished the friendliest of these highways; the Mississippi Valley with its marshlands, forests, and swamps provided less secure hiding places; and the Cumberland Mountains, well supplied with limestone caves, offered a third pathway. At the northern end of these routes the "Underground Railway" [[11]] received the fugitives. From the Cumberlands, leading through the heart of Tennessee and Kentucky, this benevolent transfer stretched through Ohio and Indiana to Canada; from southern Illinois it led northward through Wisconsin; and from the Appalachian route mysterious byways led through New York and New England.

How many thus escaped cannot be reckoned, but it is known that the number of free negroes in the North increased so rapidly that laws discriminating against them were passed in many States. Nowhere did the negro enjoy all the rights that the white man had. In some States the free negroes were so restricted in settling as to be virtually prohibited; in others they were disfranchised; in others they were denied the right of jury duty or of testifying in court. But in spite of this discrimination on the part of the law, a great sympathy for the runaway slave spread among the people, and the fugitive carried into the heart of the North the venom of the institution of which he was the unhappy victim.

Meanwhile the slave trade responded promptly to the lure of gain which the increased demand for cotton held out. The law of 1807 prohibiting the importation of slaves had, from the date of its enactment, been virtually a dead letter. Messages of Presidents, complaints of government attorneys, of collectors and agents called attention to the continuous violation of the law; and its nullity was a matter of common knowledge. When the market price of a slave rose to $325 in 1840 and to $500 after 1850, the increase in profits made slave piracy a rather respectable business carried on by American citizens in American built ships flying the American flag and paying high returns on New York and New England capital. Owing to this steady importation there was a constant intermingling of raw stock from the jungles with the negroes who had been slaves in America for several generations.

In 1860 there were 4,441,830 negroes in the United States, of whom only 488,070 were free. About thirteen per cent of the total number were mulattoes. Among the four million slaves were men and women of every gradation of experience with civilization, from those who had just disembarked from slave ships to those whose ancestry could be traced to the earliest days of the colonies. It was not, therefore, a strictly homogeneous people upon whom were suddenly and dramatically laid the burdens and responsibilities of the freedman. Among the emancipated blacks were not a few in whom there still throbbed vigorously the savage life they had but recently left behind and who could not yet speak intelligible English. Though there were many who were skilled in household arts and in the useful customary handicrafts, large numbers were acquainted only with the simplest toil of the open fields. There were a few free blacks who possessed property, in some instances to the value of many thousands of dollars, but the great bulk were wholly inexperienced in the responsibilities of ownership. There were some who had mastered the rudiments of learning and here and there was to be found a gifted mind, but ninety per cent of the negroes were unacquainted with letters and were strangers to even the most rudimentary learning. Their religion was a picturesque blend of Christian precepts and Voodoo customs.

The Freedmen's Bureau, authorized by Congress early in 1865, had as its functions to aid the negro to develop self-control and self-reliance, to help the freedman with his new wage contracts, to befriend him when he appeared in court, and to provide for him schools and hospitals. It was a simple, slender reed for the race to lean upon until it learned to walk. But it interfered with the orthodox opinion of that day regarding individual independence and was limited to the period of war and one year thereafter. It was eyed with suspicion and was regarded with criticism by both the keepers of the laissez faire faith and the former slave owners. It established a number of schools and made a modest beginning in peasant proprietorship and free labor.[ [12]]

When this temporary guide was withdrawn, private organizations to some extent took its place. The American Missionary Association continued the educational work, and volunteers shouldered other benevolences. But no power and no organization could take the place of the national authority. If the Freedmen's Bureau could have been stripped of those evil-intentioned persons who used it for private gain, been so organized as to enlist the support of the Southern white population, and been continued until a new generation of blacks were prepared for civil life, the colossal blunders and criminal misfits of that bitter period of transition might have been avoided. But political opportunism spurned comprehensive plans, and the negro suddenly found himself forced into social, political, and economic competition with the white man.

The social and political struggle that followed was short-lived. There were a few desperate years under the domination of the carpetbagger and the Ku Klux Klan, a period of physical coercion and intimidation. Within a decade the negro vote was uncast or uncounted, and the grandfather clauses soon completed the political mastery of the former slave owner. A strict interpretation of the Civil Rights Act denied the application of the equality clause of the Constitution to social equality, and the social as well as the political separation of the two stocks was also accomplished. "Jim Crow," cars, separate accommodations in depots and theaters, separate schools, separate churches, attempted segregations in cities—these are all symbolic of two separate races forcibly united by constitutional amendments.

But the economic struggle continued, for the black man, even if politically emasculated and socially isolated, had somehow to earn a living. In their first reaction of anger and chagrin, some of the whites here and there made attempts to reduce freedmen to their former servitude, but their efforts were effectually checked by the Fifteenth Amendment. An ingenious peonage, however, was created by means of the criminal law. Strict statutes were passed by States on guardianship, vagrancy, and petty crimes. It was not difficult to bring charges under these statutes, and the heavy penalties attached, together with the wide discretion permitted to judge and jury, made it easy to subject the culprit to virtual serfdom for a term of years. He would be leased to some contractor, who would pay for his keep and would profit by his toil. Whatever justification there may have been for these statutes, the convict lease system soon fell into disrepute, and it has been generally abandoned.

It was upon the land that the freedman naturally sought his economic salvation. He was experienced in cotton growing. But he had neither acres nor capital. These he had to find and turn to his own uses ere he could really be economically free. So he began as a farm laborer, passed through various stages of tenantry, and finally graduated into land ownership. One finds today examples of every stage of this evolution.[ [13]] There is first the farm laborer, receiving at the end of the year a fixed wage. He is often supplied with house and garden and usually with food and clothing. There are many variations of this labor contract. The "cropper" is barely a step advanced above the laborer, for he, too, furnishes nothing but labor, while the landlord supplies house, tools, live stock, and seed. His wage, however, is paid not in cash but in a stipulated share of the crop. From this share he must pay for the supplies received and interest thereon. This method, however, has proved to be a mutually unsatisfactory arrangement and is usually limited to hard pressed owners of poor land.