History of slavery in Illinois
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Slavery in what became the
U.S. state In the United States, a state is a constituent political entity, of which there are 50. Bound together in a political union, each state holds governmental jurisdiction over a separate and defined geographic territory where it shares its sove ...
of
Illinois Illinois ( ) is a state in the Midwestern United States. Its largest metropolitan areas include the Chicago metropolitan area, and the Metro East section, of Greater St. Louis. Other smaller metropolitan areas include, Peoria and Rock ...
existed for more than a century. Illinois did not become a state until 1818, but earlier regional systems of government had already established slavery. France introduced
African slavery Slavery has historically been widespread in Africa. Systems of servitude and slavery were common in parts of Africa in ancient times, as they were in much of the rest of the ancient world. When the trans-Saharan slave trade, Indian Ocean sl ...
to the
Illinois Country The Illinois Country (french: Pays des Illinois ; , i.e. the Illinois people)—sometimes referred to as Upper Louisiana (french: Haute-Louisiane ; es, Alta Luisiana)—was a vast region of New France claimed in the 1600s in what is n ...
in the early eighteenth century. French and other inhabitants of Illinois continued the practice of owning slaves throughout the Illinois Country's period of
British rule The British Raj (; from Hindi ''rāj'': kingdom, realm, state, or empire) was the rule of the British Crown on the Indian subcontinent; * * it is also called Crown rule in India, * * * * or Direct rule in India, * Quote: "Mill, who was hims ...
(1763-1783), as well as after its transfer to the new United States in 1783 as Illinois County, Virginia. 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 ...
(1787) banned slavery in Illinois and the rest of the
Northwest Territory The Northwest Territory, also known as the Old Northwest and formally known as the Territory Northwest of the River Ohio, was formed from unorganized western territory of the United States after the American Revolutionary War. Established in 1 ...
. Nonetheless, slavery remained a contentious issue, through the period when Illinois was part of the
Indiana Territory The Indiana Territory, officially the Territory of Indiana, was created by a congressional act that President John Adams signed into law on May 7, 1800, to form an organized incorporated territory of the United States that existed from July 4, ...
and the Illinois Territory and some slaves remained in bondage after statehood until their gradual emancipation by the
Illinois Supreme Court The Supreme Court of Illinois is the state supreme court, the highest court of the State of Illinois. The court's authority is granted in Article VI of the current Illinois Constitution, which provides for seven justices elected from the five ...
. Thus the history of slavery in Illinois covers several sometimes overlapping periods: French (c. 1660s-1764); British (c. 1763-1783); Virginia (c. 1778-1785); United States Northwest Territory (1787-1800), Indiana Territory (1800-1809), Illinois Territory (1809-1818) and the State of Illinois (after 1818). During the early decades of statehood, the number of slaves in Illinois dwindled. In the decade before the
American Civil War The American Civil War (April 12, 1861 – May 26, 1865; also known by Names of the American Civil War, other names) was a civil war in the United States. It was fought between the Union (American Civil War), Union ("the North") and t ...
, an anti-Black law was adopted in the state which made it difficult for new Black emigrants to enter or live in Illinois. Near the close of the civil war, Illinois repealed that law and became the first state to ratify the Thirteenth Amendment to the Constitution of the United States, which abolished slavery nationally.


Colonial period

During the French colonial period of Illinois, Illinois was a part of the region known as the "
Illinois Country The Illinois Country (french: Pays des Illinois ; , i.e. the Illinois people)—sometimes referred to as Upper Louisiana (french: Haute-Louisiane ; es, Alta Luisiana)—was a vast region of New France claimed in the 1600s in what is n ...
", which also loosely encompassed lands that would become the future U.S. states of
Indiana Indiana () is a U.S. state in the Midwestern United States. It is the 38th-largest by area and the 17th-most populous of the 50 States. Its capital and largest city is Indianapolis. Indiana was admitted to the United States as the 19th ...
,
Wisconsin Wisconsin () is a state in the upper Midwestern United States. Wisconsin is the 25th-largest state by total area and the 20th-most populous. It is bordered by Minnesota to the west, Iowa to the southwest, Illinois to the south, Lake M ...
, and
Missouri Missouri is a state in the Midwestern region of the United States. Ranking 21st in land area, it is bordered by eight states (tied for the most with Tennessee): Iowa to the north, Illinois, Kentucky and Tennessee to the east, Arkansas t ...
. The Illinois Country was part of
New France New France (french: Nouvelle-France) was the area colonized by France in North America, beginning with the exploration of the Gulf of Saint Lawrence by Jacques Cartier in 1534 and ending with the cession of New France to Great Britain and Spa ...
and was governed by its slavery laws. French settlers first brought African slaves into the Illinois Country from
Saint-Domingue Saint-Domingue () was a French colony in the western portion of the Caribbean island of Hispaniola, in the area of modern-day Haiti, from 1659 to 1804. The name derives from the Spanish main city in the island, Santo Domingo, which came to ref ...
(present-day
Haiti Haiti (; ht, Ayiti ; French: ), officially the Republic of Haiti (); ) and formerly known as Hayti, is a country located on the island of Hispaniola in the Greater Antilles archipelago of the Caribbean Sea, east of Cuba and Jamaica, and s ...
) around 1720 under the terms of the
Code Noir The (, ''Black code'') was a decree passed by the French King Louis XIV in 1685 defining the conditions of slavery in the French colonial empire. The decree restricted the activities of free people of color, mandated the conversion of all e ...
, which defined the legal conditions of slavery in the French Empire and restricted the activities of free Negro people. Although older accounts claim that
Philip François Renault Philippe François Renault (c. 1686 – 24 April 1755) was a French politician, businessman, explorer, metallurgist, and favorite courtier of King Louis XV of France, who left his native Picardy in 1719 for the Illinois Country, Upper Louisiana, ...
imported five hundred Negro slaves to the Illinois Country in 1721, it is likely that he imported far fewer. A document "from 1720 describes the Jesuits as owning sixteen to eighteen slaves, 'Negroes and Savages .'" After an unsuccessful attempt at lead mining, Renault founded St. Philippe, Illinois, in 1723, and used his enslaved people for agricultural purposes to produce crops. The institution of slavery continued after Britain acquired the eastern Illinois Country in 1763 following the
French and Indian War The French and Indian War (1754–1763) was a theater of the Seven Years' War, which pitted the North American colonies of the British Empire against those of the French, each side being supported by various Native American tribes. At the st ...
. At the time, nine hundred slaves lived in the territory, although some of the French would take at least three hundred with them as they left the future state of Illinois for lands west of the
Mississippi River The Mississippi River is the List of longest rivers of the United States (by main stem), second-longest river and chief river of the second-largest Drainage system (geomorphology), drainage system in North America, second only to the Hudson B ...
(in future Missouri).


United States territory

Slavery continued following the
American Revolutionary War The American Revolutionary War (April 19, 1775 – September 3, 1783), also known as the Revolutionary War or American War of Independence, was a major war of the American Revolution. Widely considered as the war that secured the independence of t ...
, when the territory was ceded to the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...
. The first legislation against slavery was 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 ...
of 1787, which forbade slavery in the
Northwest Territory The Northwest Territory, also known as the Old Northwest and formally known as the Territory Northwest of the River Ohio, was formed from unorganized western territory of the United States after the American Revolutionary War. Established in 1 ...
. However, territorial laws and practices allowed human bondage to continue in various forms. Territorial governors
Arthur St. Clair Arthur St. Clair ( – August 31, 1818) was a Scottish-American soldier and politician. Born in Thurso, Scotland, he served in the British Army during the French and Indian War before settling in Pennsylvania, where he held local office. During ...
and
Charles Willing Byrd Charles Willing Byrd (July 26, 1770 – August 25, 1828) was Secretary of the Northwest Territory, acting Governor of the Northwest Territory and a United States district judge of the United States District Court for the District of Ohio. ...
supported slavery and did not enforce the ordinance. When the
Indiana Territory The Indiana Territory, officially the Territory of Indiana, was created by a congressional act that President John Adams signed into law on May 7, 1800, to form an organized incorporated territory of the United States that existed from July 4, ...
(which included the future State of Illinois) was split from the Northwest Territory in 1800, residents petitioned the
United States Senate The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and po ...
to allow slaves. A proposal offered emancipation to Illinois-born male slaves at age thirty-one and female slaves at age twenty-eight. Southern-born slaves were to be slaves for life. No response to the proposal was ever issued. The Illinois Territory, created in 1809, kept the Indiana Territory's Black Code, which restricted free blacks and required them to carry documents to prove their freedom. Slaveowners could keep their workers in bondage by forcing them to sign
indentures An indenture is a legal contract that reflects or covers a debt or purchase obligation. It specifically refers to two types of practices: in historical usage, an indentured servant status, and in modern usage, it is an instrument used for commercia ...
of very long length (40 to 99 years), threatening them with sale elsewhere if they refused. Furthermore, free black people could be kidnapped and sold in St. Louis or states where such sales were legal. The Illinois Salines, a U.S. government-run salt works near Shawneetown was one of the largest businesses in the Illinois Territory; it exploited between 1,000 and 2,000 slaves hired out from masters in slave states to keep the salt brine kettles continuously boiling.


Slavery during statehood

While Illinois' first state constitution in 1818 stated that slavery shall not be "thereafter introduced", slavery was still tolerated in the early years of Illinois statehood, and the constitution did not have a clause forbidding an amendment to allow slavery. However, due to the efforts of a coalition of religious leaders ( Morris Birkbeck, Peter Cartwright,
James Lemen James Lemen Sr. (November 10, 1760 – January 8, 1823) was an American justice of the peace and minister who was a leader of the anti-slavery movement in Indiana Territory in the early nineteenth century. Born near Harper's Ferry, Virginia (now ...
, and
John Mason Peck John Mason Peck (1789–1858) was an American Baptist missionary to the western frontier of the United States, especially in Missouri and Illinois. A prominent anti-slavery advocate of his day, Peck also founded many educational institutions a ...
), publisher
Hooper Warren The word hooper is an archaic English term for a person who aided a cooper in the building of barrels by creating the hoop for the barrel. Hooper may also refer to: Place names in the United States: * Hooper, Colorado, town in Alamosa County, Colo ...
and politicians (especially
Edward Coles Edward Coles (December 15, 1786 – July 7, 1868) was an American planter and politician, elected as the second Governor of Illinois (1822 to 1826). From an old Virginia family, Coles as a young man was a neighbor and associate of presidents ...
, Daniel Pope Cook and Risdon Moore), Illinois voters in 1824 rejected a proposal for a new constitutional convention that could have made slavery legal outright. The constitution also had a time limited exception to 1825, in which the Illinois Salines (salt works) could continue the use of slave labor, as it had for decades under prior governments, provided the slaves used were only imported temporarily from outside the state (primarily from nearby Kentucky). Slavecatchers from Missouri would travel to Illinois either to recapture escaped slaves, or kidnap free blacks for sale into slavery, particularly since Illinois' legislature tightened the Black Code to state that recaptured escaped slaves would have time added to their indentures. The following year a law barred blacks from being witnesses in court cases against whites, then two years later barred blacks from suing for their freedom. In ''Phoebe v Jay,'' Judge Samuel D. Lockwood, previously Coles' anti-convention and abolitionist ally, held that the 40-year indenture of Phoebe (entered into in 1814) could be transferred to Joseph Jay's heir, his son William Jay, arguing that the new state's Constitution superseded the anti-slavery provisions of the Northwest Ordinance. Despite these laws tolerating ''de facto'' slavery, in a series of legal decisions beginning with ''Cornelius v. Cohen'' in 1825, the
Illinois Supreme Court The Supreme Court of Illinois is the state supreme court, the highest court of the State of Illinois. The court's authority is granted in Article VI of the current Illinois Constitution, which provides for seven justices elected from the five ...
developed a jurisprudence to gradually emancipate the enslaved people of Illinois. In that first case, the justices decided that in order for a contract of servitude to be valid, both parties must be in agreement and sign it. In ''Choisser v. Hargrave'', the court decided that indentures would not be enforced unless they complied with all provisions of Illinois law, including that they be registered within 30 days of entering the state. In 1836, the court in ''Boon v. Juliet'' held that children of registered slaves brought into the state were free, and could themselves only be indentured until the age of 18 or 21 years (depending on their sex) according to the state's Constitution. In ''Sarah v. Borders'' (1843), the court held that if any fraud occurred in the signing of an indenture contract, it was void. Finally, in the 1845 decision, ''Jarrot v. Jarrot'', the court ended tolerance of slavery even for descendants of former French slaves, holding that descendants of slaves born after the 1787 Northwest Ordinance were born free. In one of the predecessors of the ''
Dred Scott Dred Scott (c. 1799 – September 17, 1858) was an enslaved African American man who, along with his wife, Harriet, unsuccessfully sued for freedom for themselves and their two daughters in the '' Dred Scott v. Sandford'' case of 1857, popula ...
'' decision, '' Moore v. People'', 55 U.S. 13 (1852), the
Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. Federal tribunals in the United States, federal court cases, and over Stat ...
upheld a conviction for harboring a fugitive slave from Missouri, as had the Illinois Supreme Court a few years earlier. Illinois residents participated in 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. ...
for fugitive slaves seeking freedom, with major routes beginning in the Mississippi River towns of
Chester Chester is a cathedral city and the county town of Cheshire, England. It is located on the River Dee, close to the English–Welsh border. With a population of 79,645 in 2011,"2011 Census results: People and Population Profile: Chester Loca ...
, Alton and Quincy, to Chicago, and lesser routes from
Cairo Cairo ( ; ar, القاهرة, al-Qāhirah, ) is the capital of Egypt and its largest city, home to 10 million people. It is also part of the largest urban agglomeration in Africa, the Arab world and the Middle East: The Greater Cairo metr ...
to
Springfield, Illinois Springfield is the capital of the U.S. state of Illinois and the county seat and largest city of Sangamon County. The city's population was 114,394 at the 2020 census, which makes it the state's seventh most-populous city, the second largest ...
or up the banks of the
Wabash River The Wabash River (French: Ouabache) is a U.S. Geological Survey. National Hydrography Dataset high-resolution flowline dataThe National Map accessed May 13, 2011 river that drains most of the state of Indiana in the United States. It flows from ...
. The Illinois' Constitution of 1848 banned slavery, section 16 of its Declaration of Rights specifying, "There shall be neither slavery nor involuntary servitude in the State, except as a punishment for crime whereof the party shall have been duly convicted." Subsequent legislation, however, led to one of the most restrictive Black Code systems in the nation until the
American Civil War The American Civil War (April 12, 1861 – May 26, 1865; also known by Names of the American Civil War, other names) was a civil war in the United States. It was fought between the Union (American Civil War), Union ("the North") and t ...
. The Illinois Black Code of 1853 (officially, "An Act to Prevent the Immigration of Free Negros into this State") prohibited any Black persons from outside of the state from staying in the state for more than ten days, subjecting Black emigrants who remain beyond the ten days to arrest, detention, a $50 fine, potential debt labor for those who could not pay, or deportation. The law led to increased political organizing within Illinois's black community, with the holding of the first statewide "Colored Convention" in October 1853 to protest the law. The Black Code was repealed in early 1865, the same year that the Civil War ended.Bridges, Roger D. The Illinois Black Codes
http://www.lib.niu.edu/1996/iht329602.html
/ref> At that time, Illinois also became the first state to ratify the
Thirteenth Amendment to the United States Constitution The Thirteenth Amendment (Amendment XIII) to the United States Constitution abolished slavery and involuntary servitude, except as punishment for a crime. The amendment was passed by the Senate on April 8, 1864, by the House of Representative ...
, which abolished slavery nationally.


See also

*
Illinois in the American Civil War During the American Civil War, the state of Illinois was a major source of troops for the Union Army (particularly for those armies serving in the Western Theater of the Civil War), and of military supplies, food, and clothing. Situated near majo ...
*
Slavery in the United States The legal institution of human chattel slavery, comprising the enslavement primarily of Africans and African Americans, was prevalent in the United States of America from its founding in 1776 until 1865, predominantly in the South. Sla ...


Notes


References

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Southern Illinois University Southern Illinois University is a system of public universities in the southern region of the U.S. state of Illinois. Its headquarters is in Carbondale, Illinois. Board of trustees The university is governed by the nine member SIU Board of Tr ...
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University Press of Kentucky The University Press of Kentucky (UPK) is the scholarly publisher for the Commonwealth of Kentucky, and was organized in 1969 as successor to the University of Kentucky Press. The university had sponsored scholarly publication since 1943. In 1 ...
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External links



{{Authority control African-American history of Illinois
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 ...
Illinois Illinois ( ) is a state in the Midwestern United States. Its largest metropolitan areas include the Chicago metropolitan area, and the Metro East section, of Greater St. Louis. Other smaller metropolitan areas include, Peoria and Rock ...