Chapter 85
"Art. xii., Sec. 1. The militia shall consist of all able-bodied white male persons, between, etc.
"Art. xiii., Sec. 1. No negro or mulatto shall come into, or settle in the State after the adoption of this Const.i.tution.
"Sec. 2. All contracts made with any negro or mulatto coming into the State contrary to the foregoing section shall be void; and any person who shall employ such negro or mulatto or encourage him to remain in the State shall be fined not less than ten, nor more than five hundred dollars.
"Sec. 3. All fines which may be collected for a violation of the provisions of this article, or of any law hereafter pa.s.sed for the purpose of carrying the same into execution, shall be set apart and appropriated for the colonization of such negroes and mulattoes and their descendants as may be in the State at the adoption of this Const.i.tution and may be willing to emigrate.
"Sec. 4. The General a.s.sembly shall pa.s.s laws to carry out the provisions of this article."
Other severe laws were enacted calculated to modify and limit the rights of free persons of color.
The first const.i.tution of the State of Illinois, adopted in 1818, limited the [Art. ii, Sec. 27] elective franchise to "free white"
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
"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.
[51] Revised Laws of Indiana, 1838.
[52] Session Laws, 1819, p. 354. R. S., 1833, p. 466.
[53] R. S., 1845, p. 154.
[54] Rev. St. of 1856, p. 780.
CHAPTER XI.
THE NORTHERN NEGROES.
NOMINAL RIGHTS OF NEGROES IN THE SLAVE STATES.--FUGITIVE SLAVES SEEK REFUGE IN CANADA.--NEGROES PEt.i.tION AGAINST TAXATION WITHOUT REPRESENTATION.--A LAW PREVENTING NEGROES FROM OTHER STATES FROM SETTLING IN Ma.s.sACHUSETTS.--NOTICE TO BLACKS, INDIANS, AND MULATTOES, WARNING THEM TO LEAVE THE COMMONWEALTH.--THE RIGHTS AND PRIVILEGES OF THE NEGRO RESTRICTED.--COLORED MEN TURN THEIR ATTENTION TO THE EDUCATION OF THEIR OWN RACE.--JOHN V. DEGRa.s.sE, THE FIRST COLORED MAN ADMITTED TO THE Ma.s.sACHUSETTS MEDICAL SOCIETY.--PROMINENT COLORED MEN OF NEW YORK AND PHILADELPHIA.--THE ORGANIZATION OF THE AFRICAN METHODIST EPISCOPAL AND COLORED BAPTIST CHURCHES.--COLORED MEN DISTINGUISH THEMSELVES IN THE PULPIT.--REPORT TO THE OHIO ANTI-SLAVERY SOCIETY OF COLORED PEOPLE IN CINCINNATI IN 1835.--MANY PURCHASE THEIR FREEDOM.--HENRY BOYD, THE MECHANIC AND BUILDER.--HE BECOMES A SUCCESSFUL MANUFACTURER IN CINCINNATI.--SAMUEL T. WILc.o.x, THE GROCER.--HIS SUCCESS IN BUSINESS IN CINCINNATI.--BALL AND THOMAS, THE PHOTOGRAPHERS.--COLORED PEOPLE OF CINCINNATI EVINCE A DESIRE TO TAKE CARE OF THEMSELVES.--LYDIA P. MOTT ESTABLISHES A HOME FOR COLORED ORPHANS.--THE ORGANIZATION EFFECTED IN 1844.--ITS SUCCESS.--FORMATION OF A COLORED MILITARY COMPANY CALLED "THE ATTUCKS GUARDS."--EMIGRATION OF NEGROES TO LIBERIA.--THE COLORED PEOPLE LIVE DOWN MUCH PREJUDICE.
In 1850 there were 238,187 free Negroes in the slave States. Their freedom was merely nominal. They were despised beneath the slaves, and were watched with suspicious eyes, and disliked by their brethren in bondage.
In 1850 there were 196,016 free Negroes in the Northern States. Their increase came from [chiefly] two sources, viz.: births and emanc.i.p.ated persons from the South. Fugitive slaves generally went to Canada, for in addition to being in danger of arrest under the fugitive-slave law, none of the State governments in the North sympathized with escaped Negroes. The Negroes in the free States were denied the rights of citizens.h.i.+p, and were left to the most destroying ignorance. In 1780, some free Negroes, of the town of Dartmouth, pet.i.tioned the General Court of Ma.s.sachusetts for relief from taxation, because they were denied the privileges and duties of citizens.h.i.+p. The pet.i.tion set forth the hards.h.i.+ps free Negroes were obliged to endure, even in Ma.s.sachusetts, and was in itself a proof of the fitness of the pet.i.tioners for the duties of citizens.h.i.+p.
"_To the Honorable Council and House of Representatives, in General Court a.s.sembled, for the State of Ma.s.sachusetts Bay, in New England_:
"The pet.i.tion of several poor negroes and mulattoes, who are inhabitants of the town of Dartmouth, humbly showeth:
"That we being chiefly of the African extract, and by reason of long bondage and hard slavery, we have been deprived of enjoying the profits of our labor or the advantage of inheriting estates from our parents, as our neighbors the white people do, having some of us not long enjoyed our own freedom; yet of late, contrary to the invariable custom and practice of the country, we have been, and now are, taxed both in our polls and that small pittance of estate which, through much hard labor and industry, we have got together to sustain ourselves and families withall.
We apprehend it, therefore, to be hard usage, and will doubtless (if continued) reduce us to a state of beggary, whereby we shall become a burthen to others, if not timely prevented by the interposition of your justice and power.
"Your pet.i.tioners further show, that we apprehend ourselves to be aggrieved, in that, while we are not allowed the privilege of freemen of the State, having no vote or influence in the election of those that tax us, yet many of our color (as is well known) have cheerfully entered the field of battle in the defence of the common cause, and that (as we conceive) against a similar exertion of power (in regard to taxation) too well known to need a recital in this place.
"We most humble request, therefore, that you would take our unhappy case into your serious consideration, and, in your wisdom and power, grant us relief from taxation, while under our present depressed circ.u.mstances; and your poor pet.i.tioners, as in duty bound, shall ever pray, etc.
"JOHN CUFFE, "ADVENTUR CHILD, "PAUL CUFFE, "SAMUEL GRAY, [his x mark.]
"PERO ROWLAND, [his x mark.]