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Chase, 203, A law limiting imprisonment for debt, and subjecting certain debtors and delinquents to servitude. (Rep. T. L. ch. 108, 1. O. L. c. 102.)

1800. An act providing for the trial of homicide committed on Indians.' Ch. 135 of Terr. L. 1 Chase, 296.

1802, November. Convention adopts a State Constitution for the eastern division of the N. W. Territory. 10. L. 31. Art. 4, limits the elective franchise to white male persons. Art. 8, a Bill of Rights. Sec. 1. "That all men are born equally free and independent and have certain natural inherent inalienable rights," &c. Sec. 2. "There shall be neither slavery nor involuntary servitude in this State otherwise than for the punishment of crimes, whereof the party shall have been duly convicted, nor shall any male person arrived at the age of twentyone years, or female person arrived at the age of eighteen years, be held to serve any person as a servant under the pretence of indenture or otherwise, unless such person shall enter into such indenture while in a state of perfect freedom, and on condition of a bona fide consideration, received or to be received for their service, except as before excepted. Nor shall any indenture of any negro or mulatto hereafter made and executed out of the State, or if made in the State, where the term of service exceeds one year, be of the least validity, except those given in the case of apprenticeship."

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"The other laws of 1795 were principally derived from the statute book of Pennsylvania." * * From this time to the organization of the territorial legislature in 1799 there were no acts of legislation except two laws adopted secretary and judges in 1798."

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By the territorial government of the second grade, established in accordance with the ordinance of 1787, having a legislative Assembly distinct from the executive and judiciary. 1 Chase's Stat. O. p. 27.

* 1800, May 7. An act to divide the territory of the United States northwest of the river Ohio into two separate governments. II. U. S. St. 58, 3 B. & D. 367. These are divided by the present western boundary of Ohio. 1802, April 30. An actto enable the people of the eastern division of the territory northwest of the river Ohio to form a Constitution and State government, and for the admission of such State into the Union on an equal footing with the original States, and for other purposes. II. U. S. St. 173, 3 B. & D. 496. Sec. 5 provides that the Constitution and government of the State shall be republican and not repugnant to the ordinance of the 13th July, 1787, between the original States and the people and States of the territory northwest of the river Ohio." 1803, Feb. 19. An act to provide for the due execution of the laws of the United States within the State of Ohio. II. U. S. St. 201, 3 B. & D. 524.

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1803-4, 2d Sess. c. 4. An act to regulate black and mulatto persons. O. L. c. 28. 1 Chase, 393. 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, &c. (Amending is 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 retaking," &c. 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 that now are or hereafter may be in this State, may apply, upon making satisfactory proof that such black or mulatto person or persons is 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 they are 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 hereinbefore 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.

1806-7, Sess. L. c. 8. An act to amend the act entitled

"an act regulating black and mulatto persons." O. L. c. 139. 1 Chase, 555. Sec. 1. Provides that no negro or mulatto persons shall be permitted to settle within the State without giving bond not to become chargeable. 2. Duties of clerk. 3. Provides penalty for harboring or secreting negro or mulatto persons contrary to the provisions of the first section.' 4. 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 of 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. Rep. 1849.

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1818-19-An act to prevent kidnapping. O. L. ch. 443. 2 Chase L. 1052. Preamble recites the provisions of the law of Congress, Feb. 12, 1793, respecting fugitives from labor, and enacts, "That if any person or persons, under any pretence whatsoever, shall by violence, fraud or deception, seize upon any free black or mulatto person, within this State, and keep or detain such free black or mulatto person in any kind of restraint or confinement, with intent to transport such free black or mulatto person out of this State, contrary to law, or shall in any manner attempt to carry out of this State any black or mulatto person without having first taken such black or mulatto person before some judge of the circuit or district court, or justice of the peace in the county wherein such black or mulatto person was taken, agreeably to the provisions of the above-recited act of Congress, and there prove his right to such black or mulatto person; every such person so offending shall be deemed guilty of a high misdemeanor, and on conviction thereof before any court having competent authority to try the same, shall be confined in the penitentiary of this State, at hard labor, for any space of time, not less than one or more than ten years, at the discretion of the court."

1 See Birney v. State, 8 Ohio, 230.

2 This section does not extend to persons of a shade nearer white than mulatto. Such persons are admissible as witnesses; and against such the testimony of negroes and mulattoes cannot be received. Gray v. Ohio (1831), 4 Q. R. 353. Jordan v. Smith (1846), 14 Ohio, 199:-A black person sued by a white, may make affidavit to a plea so as to put the plaintiff to proof. But Read, J., dissented.

1830-31.—An act to prevent kidnapping. Replacing the

act of 1819. O. L. ch. 881. 3 Chase L. 1878. 3 Chase L. 1878. Sec. 1. "That no person or persons, under any pretence whatever shall, by violence, fraud, or deception, seize upon any free black or mulatto person within this State, and keep such free black or mulatto person in any kind of restraint or confinement with intent to transport such black or mulatto person out of the State." 2. "That no person or persons shall in any manner attempt to carry out of this State, or knowingly be aiding in carrying out of this State, any black or mulatto person, without first taking such black or mulatto person before some judge or justice of the peace in the county where such black or mulatto person was taken, and there, agreeably to the laws of the United States' establish by proof his, her, or their property in such,' &c. 3. Provides for the punishment of offenders.

1839. An act relating to fugitives from labor or service from other States. 37 0. L. 43. Curwen, p. 533. "Whereas, the second section of the fourth article of the Constitution of the United States declares that "no person, &c. (reciting it). And whereas the laws now in force within the State of Ohio are wholly inadequate to the protection pledged by this provision of the Constitution to the Southern States of this Union; and, whereas it is the duty of those who reap the largest measure of benefits conferred by the Constitution to recognize to their full extent the obligations which that instrument imposes; and whereas it is the deliberate conviction of this General Assembly that the Constitution can only be sustained as it was framed by a spirit of just compromise; therefore." Sec. 1. Authorizes judges of courts of record, "or any justice of the peace, or the mayor of any city or town corporate," on application, &c., of claimant, to bring the fugitive before a judge within the

"Peck, J., 9 Ohio, 212:-refers to these statutes and that of 1819 as a recog nition by the State of Ohio of the power of Congress to pass the act of 1793, though that act is not here specially mentioned.

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An act of 1834, concerning fugitives from justice. Swan, 546; Curwen, c. 26:— Authorizes justices to arrest and requires them to give notice; but there is no provision as to any action on the part of the governor. And this is repealed by an act of 1860, Ohio L., vol. 57, p. 82, which allows justices, &c., to commit and give notice only when the person is charged with an act which would have been punishable if committed in Ohio.

county where the warrant was issued, or before some State judge with certain cautions as to proving the official character of the officer issuing the warrant; gives the form of warrant, directing the fugitive to be brought before, &c., "to be dealt with as the law directs." 2. Claimant to give security for costs. On proof of his claim, the judge to give a certificate which shall be authority for removing the fugitive. 3. Punishment by fine and imprisonment for hindering officer from arresting or removing fugitive. 4. How securities shall be given when the hearing is postponed for benefit of either party. 5. The judge shall hear the case," and if it shall be proven to his satisfaction that the party arrested does owe labor or service to the claimant," he shall give the latter a certificate. 6. Penalty for enticing away persons owing labor. 7. Penalty for giving a false certificate of emancipation to the fugitive or harboring him. 8. Fees. 9. "It shall be the duty of all officers proceeding under this act to recognize, without proof, the existence of slavery or involuntary servitude in the several States of this Union, in which the same may exist or be recognized by law." 10. Perjury in such cases punished. 11. "If any person or persons shall in any manner attempt to carry out of this State or knowingly be aiding in carrying out of this State any person without first obtaining sufficient legal authority for so doing according to the laws of this State or of the United States, every person so offending shall be deemed guilty of a misdemeanor, and, upon conviction therefor, shall," &c. 12. Repeals so much of sec. 4 of the act of 1804, and of sec. 2 of the act of 1831, as is inconsistent. 13. That a trial and judgment under the act of Congress of 1793, or a trial and judgment under the provisions of this act, shall be adjudged a final bar to any subsequent proceeding against such fugitive under the provisions of this act.

1843.-An act repealing the above act, and reviving sec. 2 of the act of 1831. 41 O. L. 13. Curwen, p. 924.1

The State law against kidnapping seems to have been declared unconstitutional, if applied to persons carrying away escaped slaves according to the acts of Congress, by the Supreme Court of Ohio, in 1846, resting on Prigg's case. Richardson v. Beebe, 9 Law Reporter, 316; see Op. Swan, J., 9 Critchfield's Oh. 187.

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