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 !