Volume II Part 16 (1/2)

persons. Article v, Sec. 1, exempted ”negroes, mulattoes, and Indians”

from service in the militia. In March, 1819, ”_An Act Respecting Free Negroes, Mulattoes, Servants, and Slaves_” pa.s.sed. Sec. 1 required Negro and Mulatto persons coming into the State to produce a certificate of freedom. Sec. 2 required them to register their family as well as themselves. Sec. 3 required persons bringing slaves into the State, for the purpose of emanc.i.p.ating them, to give bonds. Pa.s.ses were required of Colored people, and many other hard exactions. The bill above referred to contained twenty-five sections.[52]

On the 6th of January, 1827, a criminal code was enacted for offences committed by Negroes and servants, which contained many cruel features. On the 2d of February a law was pa.s.sed declaring that all Negroes, Mulattoes, and Indians were incompetent to be witnesses in any court against a white person; and that a person having one fourth part Negro blood shall be adjudged a Mulatto. This law was re-enacted in 1845.[53] In 1853, February 12th, the Legislature of Illinois pa.s.sed ”_An Act to Prevent the Immigration of Free Negroes into this State_.”

”Secs. 1, 2. Fine and imprisonment for bringing slave, for any purpose, into the State. _Proviso_: 'That this shall not be construed so as to affect persons or slaves, _bona fide_, travelling through this State from and to any other State in the United States.'

”Sec. 3. Misdemeanor for negro or mulatto, bond or free, to come with intention of residing.

”Sec. 4. Such may be prosecuted and fined or sold, for time, for fine and costs.

”Secs. 5, 6, 7. If such do not afterwards remove, increased fine and like proceedings, etc., etc. Appeal allowed to the circuit.

”Sec. 8. If claimed as fugitive slave, after being thus arrested, a justice of the peace, 'after hearing the evidence, and being satisfied that the person or persons claiming said negro or mulatto is or are the owner or owners of and ent.i.tled to the custody of said negro or mulatto, in accordance with the laws of the United States pa.s.sed upon this subject,' shall give the owner a certificate, after his paying the costs and the negro's unpaid fine, 'and the said owner or agent so claiming shall have a right to take and remove said slave out of the State.'

”Sec. 9. Punishment of justice for nonfeasance, and of witness falsely accusing negro.”[54]

While slavery had no legal, const.i.tutional existence in the three border States, there were, in fact, quite a number of slaves within their jurisdiction during the first generation of their existence. And the free people of Color were, _first_, denied the right of citizens.h.i.+p; _second_, excluded from the militia service; _third_, ruled out of the courts whenever their testimony was offered against a white person; _fourth_, could not come into the free border States without producing a certificate of freedom; and, _fifth_, were annoyed by many little, mean laws in the exercise of the few rights they were suffered to enjoy. A full description of the infamous ”_Black Code_”

of these States would occupy too much s.p.a.ce, and, therefore, the dark subject must be dismissed. Posterity shall know, however, how patiently the free Negroes of the Northern States endured the restrictions and proscriptions which law and public sentiment threw across their social and political pathway!

FOOTNOTES:

[37] 1, Chase, p. 393, sects. 1-7.

[38] 1, Chase, p. 555.

[39] Jeffries _vs._ Ankeny, 11, Ohio, p. 375.

[40] 2, Chase L., p. 1052.

[41] Curwen, p. 533.

[42] Revised Statutes of Ohio, vol. i. p. 60.

[43] Ibid., p. 111.

[44] Elliot's Debates, vol. i. p. 79.

[45] Sanford's Dred Scott Case, pp. 397-399.

[46] Howard's Reports, vol. xix. pp. 403-405, sq.

[47] Hurd, vol ii. p. 123.

[48] Terr. laws 1807-8, p. 423.

[49] Laws of 1817, ch. 3, sec. 52.

[50] See Hurd, vol. ii. p. 129.