Negro Law of Illinois

[From the Journal of Commerce.]
Negro Law of Illinois.

If any fugitive slaves should hereafter be arrested in Illinois, they are likely to be those already there, and not new arrivals, whether by the underground railroad or otherwise. Following the example of Indiana, the Legislature of the first mentioned State have just passed a law, prohibiting negroes, whether bond or free, from coming or being brought within its limits, except for the purpose of transit from one State of this Union to another. The law is entitled “An Act to prevent the Emigration of Free Negroes into this State,” and went into operation on the 12th ult. The principal sections are as follows: -

“Sec. 1. Be it enacted by the People of the State of Illinois, represented by the General Assembly, That if any person or persons shall bring into this State, any negro or mulatto slave, whether said slave is set free or not, he or they shall be liable to an indictment, and upon conviction thereof, be fined for every such negro or mulatto, as 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 and fine and costs are paid.

Sec.2. When an indictment shall be found against any person or persons, who are not residents of the State, it shall be the duty of the court before whom said indictment is pending, upon affidavit being made and filed in said curt by the prosecuting attorney, or any other creditable 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 such 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 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 defendants may be found: Provided, That this section shall not be construed so as to effect persons or slaves, bona fide traveling through this State, from and to, any other State in the United States.

Sec. 3. If any negro or mulatto, bond or free, shall 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 offence 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 proceeding 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.4. 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 proceeding was 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 notices thereof in at least three of the most public places in that district, which said notices shall be posted up 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 shall furnish said negro or mulatto with comfortable food , clothing and lodging during said servitude.

Sec.5. If said negro or mulatto, shall not within ten days after the expiration of his, her or their term 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 offence, 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 offence.

[Section 6 gives to the negro the right of appeal within five days on certain conditions. Sec. 7th gives half the fine to the complainant, while the other half is to be applied for the benefit of the poor.]

Sec. 8. 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 the 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 hearing the evidence, be satisfied that the person or persons claiming said negro or mulatto, is the owner or, and entitled tot he 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. 9 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, and in all cases where the jury find for the negro or mulatto, r 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 persons 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 in this act in case said negro or mulatto is found guilty.

Sec. 10 Every person who shall have one-fourth negro blood shall be deemed a mulatto.

Sec. 11. This act shall take effect and be in force from and after its passage. Approved Feb. 12, 1853.”
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This law is a natural fruit of the Abolition extravagance which has been raging over the country for some years past. One extreme follows another. On the passage of the Act in the Senate, Mr. Judd moved that the title should be so amended as to read “An Act to established perpetual Slavery in this State.” But he soon found himself in a minority. The Chicago Tribune (Soil) comforts itself that the law will ere long be repealed. We are not so sure of it. The Indiana law is evidently popular among the people of that State, and although it has been some time in operation no attempt, that we have heard of, has been made to repeal it. If any has been made, it has been made in vain.

The Chicago Free Press (edited by “Long John” Wentworth,) proposes a resort to the higher law of rebellion: or rather, predicts that it will be resorted to. Says the Press: -

“In the first place, we regard the law as unconstitutional. Almost every section of it bears that fact prominently upon its face. We do not believe there is a Judge within the state but will so decide, should any attempt be made to enforce the law. In northern Illinois it will be a dead letter under any and every circumstance; and we very much doubt whether such will not be the case in most of the counties in the southern portions of the state. We presume measures will be taken to test its constitutionality at an early day, without waiting for the regular operation of the law.”

But suppose the Court decide that the law is Constitutional; what then? According to the Free Press, the result will be the same; as the law “will be a dead letter under any and every circumstance.” We shall see. Some recent instances of successful resistance to the laws have encouraged transgressors to think they can rebel with impunity; but we think they will find themselves mistaken in the end, for the people will soon perceive that they must either have laws or anarchy, and that if one law may be trampled under foot, with impunity, so may another; and so may all others. The principle is the same in each case and it is one which, if carried out, would resolve society into its original elements, and deluge the nation with blood.

As to the meaning and force of the law, the Free Press says, -“It prohibits the entrance of free colored persons into the state, under the penalty of being sold into slavery, and authorizes the admission of slaves if brought in or sent by their masters.” Or more correctly, it authorizes the transit of slaves through the State on their way, for instance from Kentucky to Missouri; a permission which the geographical position of Illinois renders almost unavoidable.