Black Laws Of 1804 And 1807
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Black Laws of 1804 and 1807 discouraged African American migration to Ohio.
Slavery Slavery and enslavement are both the state and the condition of being a slave—someone forbidden to quit one's service for an enslaver, and who is treated by the enslaver as property. Slavery typically involves slaves being made to perf ...
was not permitted in the 1803 Constitution. The 1804 law forbade black residents in Ohio without a certificate they were free. The 1807 law required a $500 bond for good behavior.


History

Ohio's 1803 Constitution continued the
Northwest Ordinance The Northwest Ordinance (formally An Ordinance for the Government of the Territory of the United States, North-West of the River Ohio and also known as the Ordinance of 1787), enacted July 13, 1787, was an organic act of the Congress of the Co ...
's prohibition of slavery north of the Ohio River. Many Ohioans had come from Southern states that allowed slavery and were not willing to grant rights to African Americans. The 1804 law required black and mulatto residents to have a certificate from the
Clerk of the Court A court clerk (British English: clerk to the court or clerk of the court ; American English: clerk of the court or clerk of court ) is an officer of the court whose responsibilities include maintaining records of a court, administer oaths to witn ...
that they were
free Free may refer to: Concept * Freedom, having the ability to do something, without having to obey anyone/anything * Freethought, a position that beliefs should be formed only on the basis of logic, reason, and empiricism * Emancipate, to procur ...
. Employers who violated were fined $10 to $50 split between informer and state. Under the 1807 law, black and mulatto residents required a $500
bond Bond or bonds may refer to: Common meanings * Bond (finance), a type of debt security * Bail bond, a commercial third-party guarantor of surety bonds in the United States * Chemical bond, the attraction of atoms, ions or molecules to form chemical ...
for good behavior and against becoming a township charge. The township
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were duty bound to expel those without a bond. Harboring, employing or concealing one without a bond was a $100 penalty split between informer and state. It also forbade a Negro to be a
witness In law, a witness is someone who has knowledge about a matter, whether they have sensed it or are testifying on another witnesses' behalf. In law a witness is someone who, either voluntarily or under compulsion, provides testimonial evidence, e ...
against a white person. Ohio blacks could not
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, hold office, serve in the state
militia A militia () is generally an army or some other fighting organization of non-professional soldiers, citizens of a country, or subjects of a state, who may perform military service during a time of need, as opposed to a professional force of r ...
, or serve jury duty. Blacks were not permitted in the
public school Public school may refer to: * State school (known as a public school in many countries), a no-fee school, publicly funded and operated by the government * Public school (United Kingdom), certain elite fee-charging independent schools in England an ...
system until 1848, when a law was passed that permitted communities to establish segregated schools. In 1837, black Ohioans met in a statewide
convention Convention may refer to: * Convention (norm), a custom or tradition, a standard of presentation or conduct ** Treaty, an agreement in international law * Convention (meeting), meeting of a (usually large) group of individuals and/or companies in a ...
seeking repeal of the Black Laws. The Black Laws were partially repealed in 1849, ending the bond-posting requirement, for Free Soil Party support of Democrats.
Cuyahoga County Cuyahoga County ( or ) is a large urban County (United States), county located in the Northeast Ohio, northeastern part of the U.S. state of Ohio. It is situated on the southern shore of Lake Erie, across the Canada–United States border, U.S.- ...
delegates blocked antiblack provisions from the 1851 constitution. Under the federal
Fugitive Slave Act of 1850 The Fugitive Slave Act or Fugitive Slave Law was passed by the United States Congress on September 18, 1850, as part of the Compromise of 1850 between Southern interests in slavery and Northern Free-Soilers. The Act was one of the most co ...
, free Blacks were kidnapped and conscripted into slavery, as suspected fugitive slaves had no rights in court and could not defend themselves against accusations.


Effects

Enforcement of Ohio's Black Laws appear to have been generally episodic and arbitrary, lightly enforced on the whole, but occasionally used to threaten and intimidate black residents of the state. In 1818 Wayne Township, where
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was located at the time, the township's
constable A constable is a person holding a particular office, most commonly in criminal law enforcement. The office of constable can vary significantly in different jurisdictions. A constable is commonly the rank of an officer within the police. Other peop ...
was paid $4.18 to warn out blacks and mulatto. In 1829
Cincinnati Cincinnati ( ) is a city in the U.S. state of Ohio and the county seat of Hamilton County. Settled in 1788, the city is located at the northern side of the confluence of the Licking and Ohio rivers, the latter of which marks the state line wit ...
, a
race riot This is a list of ethnic riots by country, and includes riots based on ethnic, sectarian, xenophobic, and racial conflict. Some of these riots can also be classified as pogroms. Africa Americas United States Nativist period: 1700sâ ...
destroyed many homes in the black section of the city and exiled nearly half of the city's black population, some to
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. According to Nelson Evans, on Black Friday, January 21, 1830, in Portsmouth, all 80 black people were deported.{{Cite web, last=Feight, first=rew, last2=Ph.D., title="Black Friday": Enforcing Ohio's "Black Laws" in Portsmouth, Ohio - The Origins of the African-American Community of Huston Hollow, url=https://sciotohistorical.org/items/show/108, access-date=2022-01-29, website=Scioto Historical, language=en The Portsmouth expulsions led to the establishment of a black community in Huston Hollow with the
Underground Railroad The Underground Railroad was a network of clandestine routes and safe houses established in the United States during the early- to mid-19th century. It was used by enslaved African Americans primarily to escape into free states and Canada. T ...
.


See also

*
Black Codes (United States) The Black Codes, sometimes called the Black Laws, were laws which governed the conduct of African Americans (free and freed blacks). In 1832, James Kent (jurist), James Kent wrote that "in most of the United States, there is a distinction in re ...


References

Anti-black racism in the United States Legal history of Ohio Pre-emancipation African-American history