An Act to prevent the Immigration of Free Negroes into this State.
[Approved Feb. 12,1853.]
Sec. I. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That if any person or persons shall bring, or cause to be brought into this State, any negro or mulatto slave, whether said slave is set free or not, shall be liable to an indictment, and, upon conviction thereof, be fined for every such negro or mulatto, a sum not less than one hundred dollars, nor more than five hundred dollars, and imprisoned in the county jail not more than one year, and shall stand committed until said fine and costs are paid.
Sec. II. When an indictment shall be found against any person or persons, who are not residents of this State, it shall be the duty of the court before whom said indictment is pending, upon affidavit being made and filed in said court by the prosecuting attorney, or any other credible witness, setting forth the non-residence of said defendant, to notify the governor of. this State, by causing the clerk of said court to transmit to the office of the secretary of State a certified copy of said indictment and affidavit; and it shall be the duty of the governor, upon the receipt of said copies, to appoint some suitable person to arrest said defendant or defendants, in whatever State or county he or they may be found, and to commit him or them to the jail of the county in which said indictment is pending, there to remain and answer said indictment, and be otherwise dealt with in accordance with this act. And it shall be the duty of the governor to issue all necessary requisitions, writs and papers to the governor or other executive officer of the State, territory or province where such defendant or defendants may be found : Provided, That this section shall not be construed so as to affect persons, or slaves, bona fide traveling through this State from and to any other State in the United States.
[Approved Feb. 12,1853.]
Sec. I. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That if any person or persons shall bring, or cause to be brought into this State, any negro or mulatto slave, whether said slave is set free or not, shall be liable to an indictment, and, upon conviction thereof, be fined for every such negro or mulatto, a sum not less than one hundred dollars, nor more than five hundred dollars, and imprisoned in the county jail not more than one year, and shall stand committed until said fine and costs are paid.
Sec. II. When an indictment shall be found against any person or persons, who are not residents of this State, it shall be the duty of the court before whom said indictment is pending, upon affidavit being made and filed in said court by the prosecuting attorney, or any other credible witness, setting forth the non-residence of said defendant, to notify the governor of. this State, by causing the clerk of said court to transmit to the office of the secretary of State a certified copy of said indictment and affidavit; and it shall be the duty of the governor, upon the receipt of said copies, to appoint some suitable person to arrest said defendant or defendants, in whatever State or county he or they may be found, and to commit him or them to the jail of the county in which said indictment is pending, there to remain and answer said indictment, and be otherwise dealt with in accordance with this act. And it shall be the duty of the governor to issue all necessary requisitions, writs and papers to the governor or other executive officer of the State, territory or province where such defendant or defendants may be found : Provided, That this section shall not be construed so as to affect persons, or slaves, bona fide traveling through this State from and to any other State in the United States.
Sec. III. If any negro, or mulatto, bond or free, shall hereafter come into this State and remain ten days, with the evident intention of residing in the same, every such negro or mulatto shall be deemed guilty of a high misdemeanor, and for the first offense shall be fined the sum of fifty dollars, to be recovered before any justice of the peace in the county where said negro or mulatto may be found. Said proceedings shall be in the name of the people of the State of Illinois, and shall be tried by a jury of twelve men. The person making the information or complaint shall not be a competent witness upon said trial
Sec. IV. If said negro or mulatto shall be found guilty, and the fine assessed be not paid forthwith to the justice of the peace before whom said proceedings wore had, it shall be the duty of said justice to commit said negro or mulatto to the custody of the sheriff of said county, or otherwise keep him, her or them in custody; and said justice shall forthwith advertise said negro or mulatto, by posting up notices thereof in at least three of the most public places in his district, which said notices shall be posted up for ten days, and on the day and at the time and place mentioned in said advertisement, the said justice shall, at public auction, proceed to sell said negro or mulatto to any person or persons who will pay said fine and costs, for the shortest time ; and said purchaser shall have the right to compel said negro or mulatto to work for and serve out said time, and he s-hall furnish said negro or mulatto with comfortable food, clothing and lodging during said servitude.
Sec. V. If said negro or mulatto shall not, within ten days after the expiration of his, her or their time of service as aforesaid, leave the State, he, she or they shall be liable to a second prosecution, in which the penalty to be inflicted shall be one hundred dollars, and so on for every subsequent offense the penalty shall be increased fifty dollars over and above the last penalty inflicted, and the same proceedings shall be had in each case as is provided for in the preceding sections for the first offense.
Sec. VI. Said negro or mulatto shall have a right to take an appeal to the circuit court of the county in which said proceedings shall have been had, within five days after the rendition of the judgment, before the justice of the peace, by giving bond and security, to be approved by the clerk of said court, to the people of the State of Illinois, and to be filed in the office of said clerk within said five days, in double the amount of said fine and costs, conditioned that the party appealing will personally be and appear before said circuit court, at the next term thereof, and not depart said court without leave, and will pay said fine and all costs, if the same shall be so adjudged by said court; and said security shall have the right to take said negro or mulatto into custody, and retain the same until the order of said court is complied with. And if the judgment of the justice of the peace be affirmed in whole or in part, and said negro or mulatto be found guilty, the said circuit court shall thereupon render judgment against said negro or mulatto and the security or securities on said appeal bond, for the amount of fine so found by the court, and all costs of suit, and the clerk of said court shall forthwith issue an execution against said defendant and security as in other cases, and the sheriff or other officer to whom said execution is directed, shall proceed to collect the same by sale or otherwise: Provided, That this section shall not be so construed as to give the security on said appeal bond right to retain the custody of said negro or mulatto for a longer time than ten days after the rendition of said judgment by said circuit court.
Sec. VII. In all cases arising under the provisions of this act, the prosecuting witness, or person making the complaint and prosecuting the same, shall be entitled to one-half of the fine so imposed and collected, and the residue of said fine shall be paid into the county treasury of the county in which said proceedings were had; and said fines, when so collected, shall be received by said county treasurer, and kept by him as a distinct and separate fund, to be called the " charity fund ;" and said fund shall be used for the express and only purpose of relieving the poor of said county, and shall be paid out by said treasurer upon the order of the county court of said county, drawn upon him for that purpose.
Sec. VII. In all cases arising under the provisions of this act, the prosecuting witness, or person making the complaint and prosecuting the same, shall be entitled to one-half of the fine so imposed and collected, and the residue of said fine shall be paid into the county treasury of the county in which said proceedings were had; and said fines, when so collected, shall be received by said county treasurer, and kept by him as a distinct and separate fund, to be called the " charity fund ;" and said fund shall be used for the express and only purpose of relieving the poor of said county, and shall be paid out by said treasurer upon the order of the county court of said county, drawn upon him for that purpose.
Sec. VIII. If, after any negro or mulatto shall have been arrested under the provisions of this act, any person or persons shall claim .any such negro or mulatto as a slave, the owner, by himself, or agent, shall have a right, by giving reasonable notice to the officer or person having the custody of said negro or mulatto, to appear before the justice of the peace before whom said negro or mulatto shall have been arrested, and prove his or their right to the custody of said negro or mulatto as a slave, and if said justice of the peace shall, after hearing the evidence, be satisfied that the person or persons claiming said negro or mulatto, is or are the owner or owners of and entitled to the custody of said negro or mulatto, in accordance with the laws of the United States passed upon this subject, he shall, upon the owner or agent paying all costs up to the time of claiming said negro or mulatto, and the costs of proving the same, and also the balance of the fine remaining unpaid, give to said owner a certificate of said facts, and said owner or agent so claiming, shall have a right to take and remove said slave out of this State.
Sec. IX. If any justice of the peace shall refuse to issue any writ or process necessary for the arrest and prosecution of any negro or mulatto under the provisions of this act, upon complaint being made before said justice by any resident of his county, and his fees for said service being tendered him, he shall be deemed guilty of nonfeasance in office, and upon conviction thereof, punished accordingly; and in all cases where the jury find for the negro or mulatto, or that he, she or they are not guilty under the provisions of this act, the said justice of the peace shall proceed to render judgment against the prosecuting witness, or person making the complaint, and shall collect the same as other judgments: Provided, That said prosecuting witness, or person making said complaint, in case judgment is rendered against him, shall have a right to take an appeal to the circuit court, as is provided for in this act, in case said negro or mulatto is found guilty.
Sec. X. Every person who shall have one-fourth negro blood, shall be deemed a mulatto.
Sec. XI. This act shall take effect and be in force from and after its passage.
Sec. XIII. It shall be the duty of all coroners, sheriffs, judges and justices of the peace, who shall see or know of, or be informed of any such assemblage of slaves or servants, immediately to commit such slaves or servants to the jail of the county, and on view or proof thereof, order each and every such slave or servant to be whipped, not exceeding thirty-nine stripes, on his or her bare back, on the day next succeeding such assemblage, unless it shall happen on a Sunday, then on the Monday following; which said stripes shall be inflicted by any constable of the township, if there should be one therein, or otherwise, by any person or persons whom the said justices shall appoint, and who shall be willing so to inflict the same: Provided, however, That the provisions hereof shall not apply to any persons of color who may assemble for the purpose of amusement, by permission of their masters, first had in writing, on condition that no disorderly conduct is made use of by them in such assemblage
The Underground Railroad went straight through !
David, you have me literally laughing out loud!! Well done, bro!
ReplyDelete" Riding on the City of New Orleans,
ReplyDeleteIllinois Central Monday morning rail
Fifteen cars and fifteen restless riders,
Three conductors and twenty-five sacks of mail.
All along the southbound odyssey
The train pulls out at Kankakee
Rolls along past houses, farms and fields.
Passin' trains that have no names,
Freight yards full of old black men
And the graveyards of the rusted automobiles".
http://www.lexingtonillinoisfort.org/Articles/2007/March/ElpasoIllinoisManAmongFirstBlacksToVoteAfter15thAmendment.htm
ReplyDeleteSo how do you explain a former slave moving to Peoria prior to the Civil War? Like I said...these codes you are now so fond of where not enforced very well.
Little you know about the Underground Railroad...most all of those paths lead straight through Northern states into Canada. But let us see what you know...the big question is not Black Codes similar to Illinois, but what? Also, how do you jive these black codes with the Personal Liberty Laws passed in some Northern states? Remember those were big State's Rights statements.
Happy researching David.
".these codes you are now so fond of where not enforced very well."
DeleteSo what you're saying is--- it's OK to ignore the Law ???
"Little you know about the Underground Railroad...most all of those paths lead straight through Northern states into Canada."
NO KIDDING !! You found that out all by yourself ??
That's the whole focus of this post !! Blacks were unwelcome in the North, so the Railroad went to Canada !
The railroad did not go to Canada because blacks were "unwelcome." It went there because of the fugitive slave laws allowing a regain of property. Canada was freedom....wow
DeleteLadies and Gentlemen we have a WINNER, just as I predicted ( on a FB page before you commented) the Fugitive Slave Act defense has come into play !
DeleteGee if you could ignore the Law in one instance, (Black Codes) why not the other
( Fugitive Slave Act ) Mighty convenient, pick and choose what law you want to follow !
I guess according to "what you wanted" you got to pick and choose what law you wanted to follow !
OH ! congratulations Rob, you are the winner of the "Pavlov's Dog"Award !
DeleteRemember when I put a "D" bomb in a comment ?
You came through with flying colors, ya even made a blog post about it !
Now you pipe in with the Fugitive Slave comment, You're predictable if nothing else !
How does it feel to be controlled ? I know what you are going to post before you do !
"Oh lay oh lay oh lay lay oh" !
Blacks were not welcome in the North...not completely true. In some places they were welcome, but southern slave catchers were a problem as well...hence the Personal Liberty Laws.
ReplyDeleteHistory is not a black and white as you are trying to make it here David.
Ok to ignore the law...No...but just pointing out that it was not enforced well.
This comment has been removed by the author.
DeleteSo if you don't enforce the law and you are ignoring it, you're in violation.
DeleteSec. IX. If any justice of the peace shall refuse to issue any writ or process necessary for the arrest and prosecution of any negro or mulatto under the provisions of this act, upon complaint being made before said justice by any resident of his county, and his fees for said service being tendered him, he shall be deemed guilty of non-feasance in office, and upon conviction thereof, punished accordingly;
Illinois had racist laws all the way back to 1813. Worried about slavecatchers then?
DeleteNUMBER 1
An act to prevent the migration of free Negroes and mulattoes into this Territory and for other purposes. Approved December 8, 1813, Laws of Illinois.
Section 1. Be it enacted by the Legislative Council and House of Representatives of the Illinois Territory That it shall not be lawful for any free negro or mulatto to migrate in this Territory, and every free negro or mulatto who shall come into this Territory contrary to this act shall and may be apprehended and carried by an citizen before some Justice of the peace of the county where he shall be taken; which Justice is hereby authorized to examine, and order to leave the Territory every such free negro or Mulatto, which said free negro or Mulatto shall be allowed from the time of his examination before the Justice of the peace fifteen days to depart from the Territory, and if after the expiration of the said fifteen days he or she shall be found in the Territory he or she shall be carried before a Justice of the peace who shall order him or her to be whipped on his or her bare back not exceeding thirty-nine stripes nor less than twenty-five stripes and if he or she shall thereafter remain in the Territory fifteen days he or she may be punished in the same manner as aforesaid and so on as long as he or she shall refuse or fail to depart from the Territory.
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David, it was more than simply ignoring the Fugitive Slave Act, it was ignoring the Constitution. That is what frightened so many Southerners. If northern States and officials could pick and choose which parts of the Constitution they would honor; where were the Constitutional guarantees?
ReplyDeleteI guess it was a case of Don't do as we do, Do as we say !
DeleteEddie and David,
ReplyDeleteRemember not to protest this too hard because this is the crux of the state's rights argument...the right to declare things null and void. If the south "had" the right to declare the tariffs in 1828-32 unconstitutional and therefore void...then so to did the Northern states have the right to declare the 1850 Fugitive Slave Act Unconstitutional. Remember that when the south accepted the 1850 FSA it was one of the largest increases in Federal power in years in the US. But I suppose in the south when the government helps you...it is good...but when it don't...it aint!
Eddie, you are exactly right...where are the Constitutional guarantees...say when a man is elected to the Presidency like when Lincoln was in 1860...if the southern states not agreeing with the election can just secede?
So "now" are you're saying the South had the right to secede ?
DeleteYES or NO ?
If you say yes how could they be "traitors" as you have said ?
If you say NO how can the North pick and choose the laws they want to follow ?
If the Constitution was broken, why should the Southern States remain for further abuse of it? There should have been no need of the Fugitive Slave act had the northern States respected their obligations to the Constitution.
Delete"I do not hesitate to say and repeat, that if the Northern States refuse willfully and deliberately to carry into effect that part of the Constitution which respects the restoration of fugitive slaves, the South would no longer be bound to observe the compact. A bargain broken on one side is a bargain broken on all sides." -- Daniel Webster
No, they had no right to secede and no the North sould not have decided to not follow the law...it should have worked through the proper channels to challenge the act. However this is all for nothing since what happened...happened and the south thought it would take its chances by seceding and risking war with the US who had the right to enforce the laws of the land.
ReplyDeleteHow can the North pick and choose? Ask the south...they picked and chose and lost!
So you admit the North Violated the laws of the United States and the state of Illinois, by choosing not to enforce the Fugitive Slave Act and the Black Codes that were on the books.
DeleteUsing your scale of justice that makes them just as much of a traitor as the South !
Looks like your moral high ground has just hit a valley !
LOL!!!!! The law of the land that the northern States got to ignore when they so chose!! Pick and choose which parts of the Constitution they might observe, pick and choose which acts of Congress they might comply with.
DeleteDavid,
ReplyDeleteI would not go that far...both North and South violated laws and acts. However, the south was the one that started the shooting...hence the traitor comment.
Who violated the Constitution initially? Why should the Southern States be forced to remain in a union where northern States could pick and choose its obligations?
Delete"I do not hesitate to say and repeat, that if the Northern States refuse wilfully and deliberately to carry into effect that part of the Constitution which respects the restoration of fugitive slaves, the South would no longer be bound to observe the compact A bargain broken on one side is a bargain broken on all sides." -- Daniel Webster
"These [northern] very States are among the loudest in their demands for unconditional submission on the part of the South to the election of Lincoln. The inviolability of the Union is the magic word with which they summon the South to submission. The South responds by holding up before them a Constitution basely broken—a compact wantonly violated. That broken Constitution and violated compact formed the only Union we ever recognized; and if you would still have us to love and preserve it. restore to it that vital spirit of which it has been robbed by your sacrilegious hands, and make it again what our fathers made it—a Union of good faith in the maintenance of constitutional obligations. Do this, and the Union will find in all this land no truer or more devoted supporters than the ever-loyal sons of the South." -- Robert Toombs
ReplyDeleteOK I'm gonna stick a fork in this comment thread cause it's done.
ReplyDeleteBut it's my blog and I'm gonna take the last word, (sue me if ya don't like it)
The entire nation in this time frame seemed to view Blacks as inferior, North and South !
So it should come as no surprise that while a great many from the north were in favor of abolishing slavery, few wanted the Black man as a neighbor !
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