It is in vain that the Constitution of the United States expressly
guarantees to "the citizens of each State, all the privileges and
immunities of citizens in the several States:"--It is in vain that
the Supreme Court of the United States has solemnly decided that this
clause confers on every citizen of one State the right to "pass
through, or reside in any other State for the purposes of trade,
agriculture, professional pursuits, or _otherwise_." It is in vain
that "the members of the several State legislatures" are required to
"be bound by oath or affirmation to support" the constitution
conferring this very guarantee. Constitutions, and judicial decisions,
and religious obligations are alike outraged by our State enactments
against people of color. There is scarcely a slave State in which a
citizen of New York, with a dark skin, may visit a dying child
without subjecting himself to legal penalties. But in the slave
States we look for cruelty; we expect the rights of humanity and the
laws of the land to be sacrificed on the altar of slavery. In the
free States we had reason to hope for a greater deference to decency
and morality. Yet even in these States we behold the effects of a
miasma wafted from the South. The Connecticut Black Act, prohibiting,
under heavy penalties, the instruction of any colored person from
another State, is well known. It is one of the encouraging signs of
the times, that public opinion has recently compelled the repeal of
this detestable law. But among all the free States, OHIO stands
pre-eminent for the wickedness of her statutes against this class of
our population. These statutes are not merely infamous outrages on
every principle of justice and humanity, but are gross and palpable
violations of the State constitution, and manifest an absence of
moral sentiment in the Ohio legislature as deplorable as it is
alarming. We speak the language, not of passion, but of sober
conviction; and for the truth of this language we appeal, first, to
the Statutes themselves, and then to the consciences of our readers.
We shall have occasion to notice these laws under the several
divisions of our subject to which they belong; at present we ask
attention to the one intended to prevent the colored citizens of
other States from removing into Ohio. By the constitution of New York,
the colored inhabitants are expressly recognized as "citizens." Let
us suppose then a New York freeholder and voter of this class,
confiding in the guarantee given by the Federal constitution removes
into Ohio. No matter how much property he takes with him; no matter
what attestations he produces to the purity of his character, he is
required by the Act of 1807, to find, within twenty days, two
freehold sureties in the sum of five hundred dollars for his _good
behavior_; and likewise for his _maintenance_, should he at any
future period from any cause whatever be unable to maintain himself,
and in default of procuring such sureties he is to be removed by the
overseers of the poor. The legislature well knew that it would
generally be utterly impossible for a stranger, and especially a
_black_ stranger, to find such sureties. It was the _design_ of
the Act, by imposing impracticable conditions, to prevent colored
emigrants from remaining within the State; and in order more
certainly to effect this object, it imposes a pecuniary penalty on
every inhabitant who shall venture to "harbor," that is, receive
under his roof, or who shall even "employ" an emigrant who has not
given the required sureties; and it moreover renders such inhabitant
so harboring or employing him, legally liable for his future
maintenance!!
We are frequently told that the efforts of the abolitionists have in
fact aggravated the condition of the colored people, bond and free.
The _date_ of this law, as well as the date of most of the laws
composing the several slave codes, show what credit is to be given
to the assertion. If a barbarous enactment is _recent_, its odium is
thrown upon the friends of the blacks--if _ancient_, we are assured
it is _obsolete_. The Ohio law was enacted only four years after the
State was admitted into the Union. In 1800 there were only three
hundred and thirty-seven free blacks in the territory, and in 1830
the number in the State was nine thousand five hundred. Of course a
very large proportion of the present colored population of the State
must have entered it in ignorance of this iniquitous law, or in
defiance of it. That the law has not been universally enforced,
proves only that the people of Ohio are less profligate than their
legislators--that it has remained in the statute book for thirty-two
years, proves the depraved state of public opinion and the horrible
persecution to which the colored people are legally exposed. But let
it not be supposed that this vile law is in fact obsolete, and its
very existence forgotten.
In 1829, a very general effort was made to enforce this law, and
about _one thousand free blacks_ were in consequence of it driven
out of the State; and sought a refuge in the more free and Christian
country of Canada. Previous to their departure, they sent a
deputation to the Governor of the Upper Province, to know if they
would be admitted, and received from Sir James Colebrook this
reply,--"Tell the _republicans_ on your side of the line, that we
royalists do not know men by their color. Should you come to us, you
will be entitled to all the privileges of the rest of his majesty's
subjects." This was the origin of the Wilberforce colony in Upper
Canada.
We have now before us an Ohio paper, containing a proclamation by
John S. Wiles, overseer of the poor in the town of Fairfield, dated
12th March, 1838. In this instrument notice is given to all
"black or mulatto persons" residing in Fairfield, to comply with the
requisitions of the Act of 1807 within twenty days, or the law would
be enforced against them. The proclamation also addresses the white
inhabitants of Fairfield in the following terms,--"Whites, look out!
If any person or persons _employing_ any black or mulatto person,
contrary to the 3d section of the above law, you may look out for
the breakers." The extreme vulgarity and malignity of this notice
indicates the spirit which gave birth to this detestable law, and
continues it in being.
Now what says the constitution of Ohio? "ALL are born free and
independent, and have certain natural, inherent, inalienable rights;
among which are the enjoying and defending life and liberty,
_acquiring, possessing, and protecting property_, and pursuing and
attaining happiness and safety." Yet men who had called their Maker
to witness, that they would obey this very constitution, require
impracticable conditions, and then impose a pecuniary penalty and
grievous liabilities on every man who shall give to an innocent
fellow countryman a night's lodging, or even a meal of victuals in
exchange for his honest labor!