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!!