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slavery in art. XI. sec. 7 of the former, but without the phraseology of art. VIII. Art. II. sec. 2. Limits the right of voting to "white male citizens of the United States." 5. "Nonegro or mulatto shall have the right of suffrage." Art. XII. sec. 1. "The militia shall consist of all able-bodied white male persons, between," &c. Art. XIII. sec. 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 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. 3. All fines which may be collected for a violation of the provisions of this article, or of any law hereafter 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."

1852, Mar. 5. An act concerning marriages. R. S. ch. 57. Sec. 1. Declares void a marriage "when one of the parties is a white person and the other possessed of one eighth or more of negro blood.” Ap. 28. An act providing for the colonization of negroes and mulattoes and their descendants in Africa. R. S. c. 18. Amending are Sess. L. 1853, c. 16; 1855, c. 38. June 18. An act to enforce the 13th article of the Constitution. R. S. of 1852, c. 74. Sec. 1. That it shall not be lawful for any negro or mulatto to come into, settle in, or become an inhabitant. 2-5. On the registry of free negroes. 6-8. Annulling contracts made with such. 7-9. Penalties for encouraging such to come, and for such coming.2

1853, Sess. L. c. 42. An act to prohibit the evidence of Indians and persons having one eighth or more of negro blood, in all cases where white persons are parties in interest.

1 This Constitution was submitted to a vote of the electors, and the thirteenth article separately voted on.

2

* No State law empowering the executive to deliver up fugitives from justice appears to have been passed.

$561.

LEGISLATION OF THE STATE OF ILLINOIS.

On the separate organization, in 1809, of that portion of Indiana Territory which afterwards became the State of Indiana, the pre-existing laws of the old Indiana Territory continued in the western portion, then known as the Territory of Illinois,' on the mere principle of the continuation of laws, and in 1812, Dec. 13, by the territorial legislature it was enacted that "all laws passed by the legislature of Indiana Territory which were in force on the first day of March, 1809, in that Territory, that are of a general nature and not local to Indiana Territory, and which are not repealed by the governor and judges of the Illinois Territory, are hereby declared to be in full force in this Territory." (See Hays v. Borders, 1 Gilman 46.)2

1818. First Constitution of the State of Illinois. Art. II. sec. 27. Limits the elective franchise to "free white" persons. Art. V. sec. 1. Excepts "negroes, mulattoes, and Indians" from the militia of the State. Art. VI. sec. 1. "Neither slavery nor involuntary servitude shall hereafter be introduced into 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 twenty-one years, nor female person arrived at the age of eighteen years, be held to serve any person as a servant under any indenture hereafter made unless such person shall enter into such indenture while in a state of perfect freedom and on a condition of a bona fide consideration received or to be received for their service. Nor shall any in

1 The act of Feb. 3, 1809 (ante, p. 126, note 3). Sec. 2. Provides for a territorial government in the Illinois like that of the Northwest Territory under the Ordinance of 1787, and the act of Aug. 7, 1789, and secures to the inhabitants the advantages of that Ordinance. The act of May 20, 1812. An act to extend the right of suf frage in the Illinois Territory and for other purposes, II. Stat. U. S. 741; 4 B. & D. 435, sec. 1, limits suffrage to free white male persons.

2

Negroes had been held in slavery by the French settlers. A law of Virginia, of 1778 (9 Hen. p. 552), recited conquest of the country by the State, and provided for government of a county there, named Illinois. It has been claimed that the slavery of the "French negroes" and their descendants could not be abolished either by Congress or the State of Illinois, by reason of the stipulation of Virginia in her cession to the United States that the "titles and possessions, rights and liberties" of the inhabitants should be guaranteed. See Jarrot v. Jarrot (1845), 2 Gilman, 8-10, with the cases cited where the doctrine is rejected.

3

Adopted by convention Aug. 26. It refers to An act to enable the people of the Illinois Territory 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. III.

denture of any negro or mulatto hereafter made and executed out of this State, or, if made in this State, where the term of service exceeds one year, be of the least validity, except those given in cases of apprenticeship." 2. "No person bound to service or labor in any other State shall be hired to labor in this State, except within the tract reserved for the salt works near Shawnee Town; nor even at that place for a longer period than one year at any one time; nor shall it be allowed there after the year one thousand eight hundred and twenty-five. Any violation of this article shall effect the emancipation of such person from his obligation to service." 3. "Each and every person who has been bound to service by contract or indenture in virtue of the laws of the Illinois Territory heretofore existing and in conformity with the provisions of the same without fraud or collusion, shall be held to a specific performance of their contracts or indentures; and such negroes or mulattoes as have been registered in conformity with the aforesaid laws, shall serve out the time appointed by said laws; provided, however, that the children hereafter born of such persons, negroes or mulattoes, shall become free, the males at the age of twenty-one years, the females at the age of eighteen years. Each and every child born of indentured parents, shall be entered with the clerk of the county in which they reside with their parents, within six months after the birth of said child." Art. VIII. A Bill of Rights declares,-sec. 1. "That all men are born equally free and independent, and have certain inherent and indefeasible rights, among which are those of enjoying life and liberty, and," &c. 6. That the right of trial by jury shall remain inviolate. 7. That "the people shall be secure in their persons," &c. 8. "That no freeman shall be imprisoned or disseized," &c.'

Stat. U. S. 428, 6 B. & D. 292. By sec. 2, the line of 42° 30' is made the northern boundary and the territory north of that line, and included in the present State of Wisconsin, is added to the Michigan Territory. 3. Limits suffrage to whites. Resolution, Dec. 3, 1818. Declaring the admission of the State of Illinois into the Union. III. Stat. U. S. 536; 6 B. & D. 442. March 3, 1819. An act to provide for the execution of the laws of the United States within the State of Illinois. III. Stat. U. S. 502; 6 B. & D. 402.

1 Phoebe v. Jay (1828), Breese, 207:-The act of Indiana Territory of 1807 is void, as being repugnant to the 6th art. of the Ordinance of 1787, but indentures executed under that law are made valid, by the 3d sec. of the 6th art. of the State

1819, March 30, Sess. L. p. 354. An act respecting free negroes, mulattoes, servants, and slaves. Sec. 1. Black or mulatto person coming to settle, required to produce a certain certificate of freedom. 2. Required to register themselves and families at the clerk's office. 3. Slaves shall not be brought to be here emancipated unless bonds are given. (Amending are acts of 1825, p. 50; 1833, R. S. p. 466, relieving from some penalties.) 4. Resident negroes required to register. 5. Blacks without certificates are not to be employed. 10. Prescribing the treatment of servants by masters. 11. Contracts for service assignable. 12. Punishment of servants guilty of misdemeanors. 13. Redress against masters. 14. Contracts between master and servant, during the time, void. 15, 16. Rights the parties how settled by the courts. 17. That no negro, mulatto, or Indian shall at any time purchase any servant other than of their own complexion. 18. Prohibits buying and selling of servants without master's consent. 19. Servants punishable by whipping where free persons are by fine. 20. Certificate of freedom at end of service. 21. Passes required. 2225. Against wandering from their plantations, rioting, assembling, and duties of sheriff, &c. Rev. Laws of 1833, p. 457 (where secs. 6, 7, 8, 9 are omitted).

1827, Jan. 6. A criminal code. Division-Offences relative to slaves, indentured servants, and apprentices. Sec. 130, against selling liquor to servants or slaves. 149. Punishment for harboring or secreting' "a slave or servant owing service or labor to any other persons, whether they reside in this State or any other State or Territory or district within the limits and under the jurisdiction of the United States." 150. Penalty

Constitution; this Constitution being the act of unlimited sovereign power. The acceptance of the Constitution of this State and its admission into the Union by Congress abrogated so much of the ordinance of 1787 as is repugnant to that Constitution. This case is affirmed in Boon v. Juliet (1836), 1 Scammon 258; where it is also decided that “the children of registered negroes and mulattoes under the laws of the Territories of Indiana and Illinois are unquestionably free," and in Choisser v. Hargrave, ib. 317. In Sarah v. Borders (1843), 4 Scam. 347; and Vincent v. Duncan, 2 Missouri, 214:-"The Constitution of Illinois cannot be controlled by the Ordinance of 1787."

Eells. the People, 4 Scammon, 498, as to meaning of harboring and secreting. Ib. p. 513, the State had power to pass this law, in the exercise of its police power, so as to include fugitives from other States. In Chambers v. the People, ib. 351, the person harbored was a resident negro servant.

for a person, entitled to the services of any negro, &c., under the law of the Territory, disposing of such negro, &c., out of the State. 151. Against publicans trusting minors and slaves. Re-enacted, Rev. Stat. 1845, p. 180.

-, Feb. 2. An act concerning practice. Sec. 3. A negro, mulatto, or Indian shall not be a witness in any court against a white person. A person having one-fourth part negro blood shall be adjudged a mulatto. Re-enacted in R. S. of 1845, p. 154, with addition that "every person who shall have one-half Indian blood shall be deemed an Indian."

1829, Jan. 17. An act respecting free negroes and mulattoes, servants and slaves. Sec. 1. Requires a bond of negroes coming to settle, and increases the penal character of the law. 2. Provides for the arrest as runaways of negroes without certificates; they shall be hired out by a justice and advertised; if not claimed within a year as fugitive slaves, they shall receive a certificate of freedom. 3. Forbids the intermarriage of "person of color, negro, or mulatto" with white. R. S. of 1856, p. 737. 4. If a slave from another State, coming to hire himself here, shall institute proceedings for freedom, he is to be arrested, if in the judgment of the court he came with that intent, and his master be informed of it.

1831, Feb. 1. Amending the above, requires bonds before coming to the State, and forbids, under penalty, bringing in a slave to emancipate. These acts of 1819, 1829, 1831 appear in the several revisions of 1845, 1856, 1858.

1841.-An act to provide for issuing certificates of freedom to free blacks. Ann. L. p. 189. But such certificates not to be conclusive against a claim of ownership."

1845. Rev. St. ch. 30, Title Criminal Jurisprudence, sec. 56. Declaring whoever "shall forcibly take or arrest any person or persons whatsoever, with a design to take him or her out of this State without having established a claim according

This provision appears to have originated in 1819. See opinion of Treat, Ch. J., in Thornton's case (1849), 11 Illinois, 332, where it is held to be void on the authority of Prigg's case, declaring all State legislation in respect to fugitive slaves void.

* In Illinois the presumption of law is that every person is free without regard to color. Bailey v. Cromwell, 3 Scam. 71. Kinney v. Cook, ib. 232; Jarrot v. Jarrot, 2 Gilman, 11.

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