LAWS ADVERSE TO FREE NEGROES IN THE NORTH, AND FOR THE PROTECTION OF SLAVE NEGROES IN THE SOUTH.

The Northern States.

The Legislature of Massachusetts (then including Maine) enacted in 1788 the following law, revised the same in 1798, and again in 1802:

That no person, being an African or negro, other than a subject of the Emperor of Morocco, or a citizen of the United 'States, to be evidenced by a certificate, &c., shall tarry within 'this commonwealth for a longer time than two months; if he 'does, the justices have power to order such person to depart, ' &c., and if such person shall not depart within ten days, &c., 'such person shall be committed to the prison or house of 'correction. And for this offence, &c., he shall be whipped, &c., ' and ordered again to depart in ten days; and if he does not, the 'same process and punishment to be inflicted, and so toties ' quoties.'

Marriage between the white and black races is prohibited in Massachusetts and by Maine, by the laws of 1705, 1786 and 1835.

Connecticut, by statute of 1792, declared:-

'That when an inhabitant of the United States (this state 'excepted) shall come to reside in any town in this state, the 'civil authorities, or major part of them, are authorised, upon 'the application of the select men, if they judge proper, by 'warrant under their hands, directed to either of the constables ' of said town, to order said person to be conveyed to the State 'from whence he or she came.'

The select men of the town are to warn any person not an inhabitant of this State, to depart from such town; and the person so warned, if he does not depart, shall forfeit and pay 'to the treasurer of such town, one dollar and sixty-seven cents per week. If such person refuse to depart or pay his fine, such person shall be whipped on the naked body, not exceeding 'ten stripes, unless such person depart in ten days.'

If any such person return after warning, he is to be whipped again, and sent away, and as often as there is occasion.'

'Whatsoever negro, mulatto, or Indian servant, shall be 'found wandering out of the bounds of the town or place to ' which they belong, without a ticket or pass in writing, to be taken up,' &c.

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'No free negro is to travel without a pass from the select men or judges.'

'Every free person shall be punished by fine, &c., for buying or receiving anything from a free negro, mulatto, or Indian 'servant.'

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Vermont declared in 1801, that:

'The select men shall have power to remove from the State any persons who come there to reside. And any person ❝ removed, and returning without permission of the select men, 'shall be whipped not exceeding ten stripes.'

The laws of Rhode Island are:

'The town council shall, if any free negro or mulatto shall keep a disorderly house, or entertain any person or persons at ' unreasonable hours, break up his house and bind him out to service for two years.'

That no white person, Indian, or mulatto, or negro, keeping house in any town, shall entertain any Indian, mulatto or negro, servant or slave; if he does, to be punished by fine,' &c.

That none (Indian, negroes, and mulatto servants) should be absent at night, after nine o'clock. If found out, to be 'taken up and committed to jail till morning, and then appear

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before a justice of the peace, who is ordered and directed to 'cause such servant or slave to be publicly whipped by the constable, ten stripes.'

'That whosoever is suspected of trading with a servant or slave, and shall refuse to purge himself by oath, shall be adjudged guilty, and sentence shall be given against him,' &c. New York, in 1801, passed this statute:

If a stranger be entertained in the dwelling-house or out'house of any citizen for fifteen days, without giving notice to 'the overseers of the poor, he shall pay a fine of five dollars.' If such person continue above forty days, justices can call on the inhabitants of the town or city, and the person may be sent to jail, &c. And the justices may cause such stranger

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246

LAWS OF NEW JERSEY AND OHIO.

'to be conveyed from constable to constable, until transported ' into any other State, if from thence he came.'

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If such person return, the justices, if they think proper, 'may direct him to be whipped by every constable into whose hands he shall come to be whipped, if a man, not exceeding 'thirty-nine lashes; and if a woman, not exceeding twenty-five lashes; and so as often as such person shall return.'

In 1788, the Legislature enacted, that no person shall 'harbour or conceal a slave from his master, under the penalty ' of a fine of 5l. sterling; and if the slave died while thus ' harboured, the party was liable to the owner for the value of the slave; nor could anyone trade or traffic with slaves without the 'permission of the master, under the penalty of 5l. and three 'times the value of the article traded for.' And it was further enacted, that

'If any slave shall strike a white person, it shall be lawful for. 'any justice of the peace to commit such slave to prison; and 'such slave shall be tried and punished therefor,' &c.

'That from and after the passing of this Act, no slave shall be admitted for or against any person in any matter, cause, or thing 'whatsoever, civil or criminal, except in criminal cases in which the evidence of one slave shall be admitted for or against ' another slave.'

The law of New Jersey, 1798, declares :

That no free negro or mulatto, of or belonging to this State, shall be permitted to travel or remain in any county in this State, other than in the county where his or her place ' of residence may lawfully be, without a certificate from the 'justices of the peace of the county in which he or she 'belonged, or from the clerk of the county, under the seal of the court, certifying that such negro or mulatto was set free, 'or deemed and taken to be free in such county.

That no slave shall be admitted as a witness against any 'white person, or even a free negro, in any matter or cause 'whatsoever.'

Ohio, in 1841, enacted:

'That no black or mulatto person or persons shall hereafter be permitted to be sworn or give evidence in any court of record, or elsewhere in this State, in any cause depending, or

' matter or controversy, where either party to the same is a 'white person, or in any prosecution which shall be instituted in behalf of this State, against any white person.'

In 1860, a law passed the Legislature of Ohio, entitled 'An 'Act to prevent the Amalgamation of the White and Coloured "Races.' Its provisions forbid persons possessing a visible admixture of African blood to intermarry with any person of pure white blood; and if any person solemnize such a marriage, he is liable to be fined not more than $100; or imprisoned for a term not exceeding three months, at the discretion of the

court.

'No white person shall intermarry with a negro or mulatto; and any marriages between a white person and a negro or 'mulatto shall be absolutely void, without any legal proceed'ings; and all children born of such persons shall be declared 'illegitimate and bastards.'

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Every person who shall knowingly counsel, abet, or assist in any way or manner whatever, in any marriage between any negro and white person, or between any person having one'eighth part or more of negro blood and any white person, 'shall, upon conviction thereof, be fined in any sum not less than $100, nor more than $1,000.'

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No negro, mulatto, or Indian shall be a witness, except on pleas of the State, against negroes, mulattoes, or Indians; and, in civil causes, where negroes, mulattoes, or Indians alone are parties, every person other than a negro having one-fourth part negro blood or more, or any whose grandfathers or grand' mothers shall have been a negro, shall be deemed an incom'petent witness."

The Constitution of Indiana, adopted in 1851, says:— 'Article XIII.-1. No negro or mulatto shall come into or 'settle in the State after the adoption of this Constitution.

2. All contracts made with any negro or mulatto coming into the State, contrary to the provision of the foregoing 'section, shall be void; and any person who shall employ such negro or mulatto, or otherwise encourage him to remain in the 'State, shall be fined in any sum not less than $10, nor more 'than $500.'

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3. All fines which may be collected for a violation of the

'provisions of this Article, or of any law which may hereafter 'be passed 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 Constitution, and may be willing 'to emigrate.'

‘4. The General Assembly shall pass laws to carry out the ' provisions of this Article.'

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The Constitution of Illinois (1810) says :

'No person of colour, negro or mulatto, of either sex, shall 'be joined in marriage with any white person, male or female, in this State; and all marriage or marriage contracts entered into between such coloured person and white person, shall be null and void in law; and any person marrying or contracting to marry shall be liable to pay a fine, be whipped in not exceeding thirty-nine lashes, and be imprisoned no less than 6 one year.'

In the statutes of Illinois (revised in 1833) it is declared by the Act of 1819:

That it shall not be lawful for any person or persons to bring into this State any negro or mulatto who shall be a 'slave, or held to service at the time, for the purpose of eman'cipating or setting at liberty any such negro or mulatto; and any person or persons who shall bring in any such negro or mulatto for the purpose aforesaid, shall give a bond to the county commissioners where such slave or slaves are emanci'pated, in the penalty of $1,000, conditioned that such person 'emancipated by him shall not become a charge upon any county in the State; and every person neglecting or refusing 'to give such bond shall forfeit and pay the sum of $200 for ' each negro or mulatto so emancipated or set at liberty.' It was likewise enacted in 1819:

That any such servant (free negro), being lazy, disorderly, 'or guilty of misbehaviour to his master, or master's family, 'shall be corrected by stripes,' &c.

That no negro, mulatto, or Indian, shall at any time pur'chase any servant other than their own complexion.'

All contracts between masters and servants during the time ' of service shall be void.'