FOOTNOTES:
[36] There were nearly 500 slaves held in Northern States not placed in this census.
CHAPTER X.
THE "BLACK LAWS" OF "BORDER STATES."
Stringent Laws enacted against Free Negroes and Mulattoes.—Fugitive-slave Law respected in Ohio.—A Law to prevent Kidnapping.—The First Constitution of Ohio.—History of the Dred Scott case.—Judge Taney's Opinion in this Case.—Ohio Constitution of 1851 denied Free Negroes the Right to vote.—The Establishment of Colored Schools.—Law in Indiana Territory in Reference to Executions.—An Act for the Introduction of Negroes and Mulattoes into the Territory.—First Constitution of Indiana.—The Illinois Constitution of 1818.—Criminal Code enacted.—Illinois Legislature passes an Act to Prevent the Emigration of Free Negroes into the State.—Free Negroes of the Northern States endure Restriction and Proscription.
ALTHOUGH slavery was excluded from all the new States northwest of the Ohio River, the free Negro was but little better off in Ohio, Indiana, and Illinois than in any of the Southern States. From the earliest moment of the organic existence of the border free States, severe laws were enacted against free Negroes and Mulattoes. At the second session of the first Legislature of the State of Ohio, "An Act to Regulate Black and Mulatto Persons"[37] was passed.
Sec. 1. That no black or mulatto person shall be permitted to settle or reside in this State "without a certificate of his or her actual freedom."
2. Resident blacks and mulattoes to have their names recorded, etc. (Amended in 1834, Jan. 5 1, Curwen, 126.) Proviso, "That nothing in this act contained shall bar the lawful claim to any black or mulatto person."
3. Residents prohibited from hiring black or mulatto persons not having a certificate.
4. Forbids, under penalty, to "harbor or secrete any black or mulatto person the property of any person whatever," or to "hinder or prevent the lawful owner or owners from re-taking," etc.
5. Black or mulatto persons coming to reside in the State with a legal certificate, to record the same.
6. "That in case any person or persons, his or their agent or agents, claiming any black or mulatto person or persons that now are or hereafter may be in this State, may apply, upon making satisfactory proof that such black or mulatto person or persons are the property of him or her who applies, to any associate judge or justice of the peace within the State, the associate judge or justice is hereby empowered and required, by his precept, to direct the sheriff or constable to arrest such black or mulatto person or persons, and deliver the same, in the county or township where such officers shall reside, to the claimant or claimants, or his or their agent or agents, for which service the sheriff or constable shall receive such compensation as he is entitled to receive in other cases for similar services."
7. "That any person or persons who shall attempt to remove or shall remove from this State, or who shall aid and assist in removing, contrary to the provisions of this act, any black or mulatto person or persons, without first proving, as herein before directed, that he, she, or they is or are legally entitled so to do, shall, on conviction thereof before any court having cognizance of the same, forfeit and pay the sum of one thousand dollars, one half to the use of the informer and the other half to the use of the State, to be recovered by the action of debt quitam or indictment, and shall moreover be liable to the action of the party injured."
So here upon free soil, under a State government that did not recognize slavery in its constitution, the Negro was compelled to produce a certificate of freedom. Thus the fugitive-slave law was recognized, but at the same time an unlawful removal of free Negroes from the State was forbidden.