Chapter 13

It is in vain that the Constitution of the United States expressly guarantees to "the citizens of each State, all the privileges and immunities of citizens in the several States:"--It is in vain that the Supreme Court of the United States has solemnly decided that this clause confers on every citizen of one State the right to "pass through, or reside in any other State for the purposes of trade, agriculture, professional pursuits, or _otherwise_." It is in vain that "the members of the several State legislatures" are required to "be bound by oath or affirmation to support" the constitution conferring this very guarantee. Constitutions, and judicial decisions, and religious obligations are alike outraged by our State enactments against people of color. There is scarcely a slave State in which a citizen of New York, with a dark skin, may visit a dying child without subjecting himself to legal penalties. But in the slave States we look for cruelty; we expect the rights of humanity and the laws of the land to be sacrificed on the altar of slavery. In the free States we had reason to hope for a greater deference to decency and morality. Yet even in these States we behold the effects of a miasma wafted from the South. The Connecticut Black Act, prohibiting, under heavy penalties, the instruction of any colored person from another State, is well known. It is one of the encouraging signs of the times, that public opinion has recently compelled the repeal of this detestable law. But among all the free States, OHIO stands pre-eminent for the wickedness of her statutes against this class of our population. These statutes are not merely infamous outrages on every principle of justice and humanity, but are gross and palpable violations of the State constitution, and manifest an absence of moral sentiment in the Ohio legislature as deplorable as it is alarming. We speak the language, not of passion, but of sober conviction; and for the truth of this language we appeal, first, to the Statutes themselves, and then to the consciences of our readers. We shall have occasion to notice these laws under the several divisions of our subject to which they belong; at present we ask attention to the one intended to prevent the colored citizens of other States from removing into Ohio. By the constitution of New York, the colored inhabitants are expressly recognized as "citizens." Let us suppose then a New York freeholder and voter of this class, confiding in the guarantee given by the Federal constitution removes into Ohio. No matter how much property he takes with him; no matter what attestations he produces to the purity of his character, he is required by the Act of 1807, to find, within twenty days, two freehold sureties in the sum of five hundred dollars for his _good behavior_; and likewise for his _maintenance_, should he at any future period from any cause whatever be unable to maintain himself, and in default of procuring such sureties he is to be removed by the overseers of the poor. The legislature well knew that it would generally be utterly impossible for a stranger, and especially a _black_ stranger, to find such sureties. It was the _design_ of the Act, by imposing impracticable conditions, to prevent colored emigrants from remaining within the State; and in order more certainly to effect this object, it imposes a pecuniary penalty on every inhabitant who shall venture to "harbor," that is, receive under his roof, or who shall even "employ" an emigrant who has not given the required sureties; and it moreover renders such inhabitant so harboring or employing him, legally liable for his future maintenance!!

We are frequently told that the efforts of the abolitionists have in fact aggravated the condition of the colored people, bond and free. The _date_ of this law, as well as the date of most of the laws composing the several slave codes, show what credit is to be given to the assertion. If a barbarous enactment is _recent_, its odium is thrown upon the friends of the blacks--if _ancient_, we are assured it is _obsolete_. The Ohio law was enacted only four years after the State was admitted into the Union. In 1800 there were only three hundred and thirty-seven free blacks in the territory, and in 1830 the number in the State was nine thousand five hundred. Of course a very large proportion of the present colored population of the State must have entered it in ignorance of this iniquitous law, or in defiance of it. That the law has not been universally enforced, proves only that the people of Ohio are less profligate than their legislators--that it has remained in the statute book for thirty-two years, proves the depraved state of public opinion and the horrible persecution to which the colored people are legally exposed. But let it not be supposed that this vile law is in fact obsolete, and its very existence forgotten.

In 1829, a very general effort was made to enforce this law, and about _one thousand free blacks_ were in consequence of it driven out of the State; and sought a refuge in the more free and Christian country of Canada. Previous to their departure, they sent a deputation to the Governor of the Upper Province, to know if they would be admitted, and received from Sir James Colebrook this reply,--"Tell the _republicans_ on your side of the line, that we royalists do not know men by their color. Should you come to us, you will be entitled to all the privileges of the rest of his majesty's subjects." This was the origin of the Wilberforce colony in Upper Canada.

We have now before us an Ohio paper, containing a proclamation by John S. Wiles, overseer of the poor in the town of Fairfield, dated 12th March, 1838. In this instrument notice is given to all "black or mulatto persons" residing in Fairfield, to comply with the requisitions of the Act of 1807 within twenty days, or the law would be enforced against them. The proclamation also addresses the white inhabitants of Fairfield in the following terms,--"Whites, look out! If any person or persons _employing_ any black or mulatto person, contrary to the 3d section of the above law, you may look out for the breakers." The extreme vulgarity and malignity of this notice indicates the spirit which gave birth to this detestable law, and continues it in being.

Now what says the constitution of Ohio? "ALL are born free and independent, and have certain natural, inherent, inalienable rights; among which are the enjoying and defending life and liberty, _acquiring, possessing, and protecting property_, and pursuing and attaining happiness and safety." Yet men who had called their Maker to witness, that they would obey this very constitution, require impracticable conditions, and then impose a pecuniary penalty and grievous liabilities on every man who shall give to an innocent fellow countryman a night's lodging, or even a meal of victuals in exchange for his honest labor!

3. DENIAL OF THE RIGHT OF PETITION.

We explicitly disclaim all intention to imply that the several disabilities and cruelties we are specifying are of universal application. The laws of some States in relation to people of color are more wicked than others; and the spirit of persecution is not in every place equally active and malignant. In none of the free States have these people so many grievances to complain of as in Ohio, and for the honor of our country we rejoice to add, that in no other State in the Union, has their right to petition for a redress of their grievances been denied.

On the 14th January, 1839, a petition for relief from certain legal disabilities, from colored inhabitants of Ohio, was presented to the _popular_ branch of the legislature, and its rejection was moved by George H. Flood.[101] This rejection was not a denial of the prayer, but an _expulsion of the petition itself_, as an intruder into the house. "The question presented for our decision," said one of the members, "is simply this--Shall human beings, who are bound by every enactment upon our statute book, be _permitted_ to _request_ the legislature to modify or soften the laws under which they live?" To the Grand Sultan, crowded with petitions as he traverses the streets of Constantinople, such a question would seem most strange; but American democrats can exert a tyranny over _men who have no votes_, utterly unknown to Turkish despotism. Mr. Flood's motion was lost by a majority of only _four_ votes; but this triumph of humanity and republicanism was as transient as it was meagre. The _next_ day, the House, by a large majority, resolved: "That the blacks and mulattoes who may be residents within this State, have no constitutional right to present their petitions to the General Assembly for any purpose whatsoever, and that any reception of such petitions on the part of the General Assembly is a mere act of privilege or policy, and not imposed by any expressed or implied power of the Constitution."

[Footnote 101: It is sometimes interesting to preserve the names of individuals who have perpetrated bold and unusual enormities.]

The phraseology of this resolution is as clumsy as its assertions are base and sophistical. The meaning intended to be expressed is simply, that the Constitution of Ohio, neither in terms nor by implication, confers on such residents as are negroes or mulattoes, any right to offer a petition to the legislature for any object whatever; nor imposes on that body any obligation to notice such a petition; and whatever attention it may please to bestow upon it, ought to be regarded as an act not of duty, but merely of favor or expediency. Hence it is obvious, that the _principle_ on which the resolution is founded is, that the reciprocal right and duty of offering and hearing petitions _rest solely on constitutional enactment_, and not on moral obligation. The reception of negro petitions is declared to be a mere act of _privilege or policy_. Now it is difficult to imagine a principle more utterly subversive of all the duties of rulers, the rights of citizens, and the charities of private life. The victim of oppression or fraud has no _right_ to appeal to the constituted authorities for redress; nor are those authorities under any obligation to consider the appeal--the needy and unfortunate have no right to implore the assistance of their more fortunate neighbors: and all are at liberty to turn a deaf ear to the cry of distress. The eternal and immutable principles of justice and humanity, proclaimed by Jehovah, and impressed by him on the conscience of man, have no binding force on the legislature of Ohio, unless expressly adopted and enforced by the State Constitution!

But as the legislature has thought proper thus to set at defiance the moral sense of mankind, and to take refuge behind the enactments of the Constitution, let us try the strength of their entrenchments. The words of the Constitution, which it is pretended sanction the resolution we are considering are the following, viz.--"The _people_ have a right to assemble together in a peaceable manner to consult for their common good, to _instruct their representatives_, and to apply to the legislature for a redress of grievances." It is obvious that this clause confers no rights, but is merely declaratory of existing rights. Still, as the right of the people to apply for a redress of grievances is coupled with the right of _instructing their representatives_, and as negroes are not electors and consequently are without representatives, it is inferred that they are not part of _the people_. That Ohio legislators are not Christians would be a more rational conclusion. One of the members avowed his opinion that "none but voters had a right to petition." If then, according to the principle of the resolution, the Constitution of Ohio denies the right of petition to all but electors, let us consider the practical results of such a denial. In the first place, every female in the State is placed under the same disability with "blacks and mulattoes." No wife has a right to ask for a divorce--no daughter may plead for a father's life. Next, no man under twenty-one years--no citizen of any age, who from want of sufficient residence, or other qualification, is not entitled to vote--no individual among the tens of thousands of aliens in the State--however oppressed and wronged by official tyranny or corruption, has a right to seek redress from the representatives of the people, and should he presume to do so, may be told, that, like "blacks and mulattoes," he "has no constitutional right to present his petition to the General Assembly for any purpose whatever." Again--the State of Ohio is deeply indebted to the citizens of other States, and also to the subjects of Great Britain for money borrowed to construct her canals. Should any of these creditors lose their certificates of debt, and ask for their renewal; or should their interest be withheld, or paid in depreciated currency, and were they to ask for justice at the hands of the legislature, they might be told, that any attention paid to their request must be regarded as a "mere act of privilege or policy, and not imposed by any expressed or implied power of the Constitution," for, not being voters, they stood on the same ground as "blacks and mulattoes." Such is the folly and wickedness in which prejudice against color has involved the legislators of a republican and professedly Christian State in the nineteenth century.

4. EXCLUSION FROM THE ARMY AND MILITIA.

The Federal Government is probably the only one in the world that forbids a portion of its subjects to participate in the national defence, not from any doubts of their courage, loyalty, or physical strength, but merely on account of the tincture of their skin! To such an absurd extent is this prejudice against color carried, that some of our militia companies have occasionally refused to march to the sound of a drum when beaten by a black man. To declare a certain class of the community unworthy to bear arms in defence of their native country, is necessarily to consign that class to general contempt.

5. EXCLUSION FROM ALL PARTICIPATION IN THE ADMINISTRATION OF JUSTICE.

No colored man can be a judge, juror, or constable. Were the talents and acquirements of a Mansfield or a Marshall veiled in a sable skin, they would be excluded from the bench of the humblest court in the American republic. In the slave States generally, no black man can enter a court of justice as a witness against a white one. Of course a white man may, with perfect impunity, defraud or abuse a negro to any extent, provided he is careful to avoid the presence of any of his own caste, at the execution of his contract, or the indulgence of his malice. We are not aware that an outrage so flagrant is sanctioned by the laws of any _free_ State, with one exception. That exception the reader will readily believe can be none other than OHIO. A statute of this State enacts, "that no black or mulatto _person_ or _persons_ shall hereafter be permitted to be sworn, or give evidence in any court of Record or elsewhere, in this State, in any cause depending, or matter of controversy, when either party to the same is a WHITE person; or in any prosecution of the State against any WHITE person."

We have seen that on the subject of petition the legislature regards itself as independent of all obligation except such as is imposed by the Constitution. How mindful they are of the requirements even of that instrument, when obedience to them would check the indulgence of their malignity to the blacks, appears from the 7th Section of the 8th Article, viz.--"All courts shall be open, and every _person_, for any injury done him in his lands, goods, person or reputation, shall have remedy by due course of law, and right and justice administered without denial or delay."

Ohio legislators may deny that negroes and mulattoes are citizens, or people; but they are estopped by the very words of the statute just quoted, from denying that they are "_persons_." Now, by the Constitution every _person_, black as well as white, is to have justice administered to him without denial or delay. But by the law, while any unknown _white_ vagrant may be a witness in any case whatever, no black suitor is permitted to offer a witness of his own color, however well established may be his character for intelligence and veracity, to prove his rights or his wrongs; and hence in a multitude of cases, justice is denied in despite of the Constitution; and why denied? Solely from a foolish and wicked prejudice against color.

6. IMPEDIMENTS TO EDUCATION.

No people have ever professed so deep a conviction of the importance of popular education as ourselves, and no people have ever resorted to such cruel expedients to perpetuate abject ignorance. More than one third of the whole population of the slave States are prohibited from learning even to read, and in some of them free men, if with dark complexions, are subject to stripes for teaching their own children. If we turn to the free States, we find that in all of them, without exception, the prejudices and customs of society oppose almost insuperable obstacles to the acquisition of a liberal education by colored youth. Our academies and colleges are barred against them. We know there are instances of young men with dark skins having been received, under peculiar circumstances, into northern colleges; but we neither know nor believe, that there have been a dozen such instances within the last thirty years.

Colored children are very generally excluded from our common schools, in consequence of the prejudices of teachers and parents. In some of our cities there are schools _exclusively_ for their use, but in the country the colored population is usually too sparse to justify such schools; and white and black children are rarely seen studying under the same roof; although such cases do sometimes occur, and then they are confined to elementary schools. Some colored young men, who could bear the expense, have obtained in European seminaries the education denied them in their native land.

It may not be useless to cite an instance of the malignity with which the education of the blacks is opposed. The efforts made in Connecticut to prevent the establishment of schools of a higher order than usual for colored pupils, are too well known to need a recital here; and her BLACK ACT, prohibiting the instruction of colored children from other States, although now expunged from her statute book through the influence of abolitionists, will long be remembered to the opprobrium of her citizens. We ask attention to the following illustration of public opinion in another New England State.

In 1834 an academy was built by subscription in CANAAN, New Hampshire, and a charter granted by the legislature; and at a meeting of the proprietors it was determined to receive all applicants having "suitable moral and intellectual recommendations, without other distinctions;" in other words, without reference to _complexion_. When this determination was made known, a TOWN MEETING was forthwith convened, and the following resolutions adopted, viz.

"RESOLVED, That we view with _abhorrence_ the attempt of the Abolitionists to establish in this town a school for the instruction of the sable sons and daughters of Africa, in common with our sons and daughters.

"RESOLVED, That we will not associate with, nor in any way countenance, any man or woman who shall hereafter persist in attempting to establish a school in this town for the _exclusive_ education of blacks, _or_ for their education in conjunction with the whites."

The frankness of this last resolve is commendable. The inhabitants of Canaan, assembled in legal town meeting, determined, it seems, that the blacks among them should in future have no education whatever--they should not be instructed in company with the whites, neither should they have schools exclusively for themselves.

The proprietors of the academy supposing, in the simplicity of their hearts, that in a free country they might use their property in any manner not forbidden by law, proceeded to open their school, and in the ensuing spring had twenty-eight white, and fourteen colored scholars. The crisis had now arrived when the cause of prejudice demanded the sacrifice of constitutional liberty and of private property. Another town meeting was convoked, at which, without a shadow of authority, and in utter contempt of law and decency, it was ordered, that the academy should be forcibly removed, and a committee was appointed to execute the abominable mandate. Due preparations were made for the occasion, and on the 10th of August, three hundred men, with about 200 oxen, assembled at the place, and taking the edifice from off its foundation, dragged it to a distance, and left it a ruin. No one of the actors in this high-handed outrage was ever brought before a court of justice to answer for this criminal and riotous destruction of the property of others.

The transaction we have narrated, expresses in emphatic terms the deep and settled hostility felt in the free States to the education of the blacks. The prejudices of the community render that hostility generally effective without the aid of legal enactments. Indeed, some remaining regard to decency and the opinion of the world, has restrained the Legislatures of the free States, with _one exception_, from consigning these unhappy people to ignorance by "decreeing unrighteous decrees," and "framing mischief by a law." Our readers, no doubt, feel that the exception must of course be OHIO.

We have seen with what deference Ohio legislators profess to regard their _constitutional_ obligations; and we are now to contemplate another instance of their shameless violation of them. The Constitution which these men have sworn to obey declares, "NO LAW SHALL BE PASSED to prevent the poor of the several townships and counties in this State from an _equal_ participation in the schools, academies, colleges, and universities in this State, which are endowed in whole, or _in part_, from the revenue arising from _donations_ made by the United States, for the support of _colleges and schools_--and the door of said schools, academies, and universities shall be open for the reception of scholars, students, and teachers of every _grade_, without ANY DISTINCTION OR PREFERENCE WHATEVER."

Can language be more explicit or unequivocal? But have any donations been made by the United States for the support of colleges and schools in Ohio? Yes--by an act of Congress, the sixteenth section of land in _each_ originally surveyed township in the State, was set apart as a donation for the express purpose of endowing and supporting common schools. And now, how have the scrupulous legislators of Ohio, who refuse to acknowledge any other than constitutional obligations to give ear to the cry of distress--how have they obeyed this injunction of the Constitution respecting the freedom of their schools? They enacted a law in 1831, declaring that, "when any appropriation shall be made by the directors of any school district, from the treasury thereof, for the payment of a teacher, the school in such district shall be open"--to whom? "_to scholars, students, and teachers of every grade, without distinction or preference whatever_," as commanded by the Constitution? Oh no! "Shall be open to all the WHITE children residing therein!!" Such is the impotency of written constitutions, where a sense of moral obligation is wanting to enforce them.