History of the Negro Race in America from 1619 to 1880. Vol. 2: Negroes as Slaves, as Soldiers, and as CitizensWilliams, George Washington
History
History of the Negro Race in America from 1619 to 1880. Vol. 2: Negroes as Slaves, as Soldiers, and as Citizens
Williams, George Washington
African Americans -- History; Liberia; Sierra Leone
Under the first constitution of Indiana, adopted in 1816, Negroes were
not debarred from the elective franchise. In Article i, Section 1, of
the Bill of Rights, this remarkable language occurs: "That all men are
born equally free and independent, and have certain natural, inherent,
and unalienable rights," etc. But the very next year the primal rights
of the Negro as a citizen were struck down by the following: "No
negro, mulatto, or Indian shall be a witness, except in pleas of the
State against negroes, mulattoes, or Indians, or in civil cases where
negroes, mulattoes, or Indians alone shall be parties."[49]
In 1819 [March 22d], an execution law was passed by which the time of
service of Negroes could be sold on execution against the master, in
the same manner as personal estate. From the time of the sale, such
Negroes or Mulattoes were compelled to serve the buyer until the
expiration of the term of service.[50]
In 1831, an act regulating free Negroes and Mulattoes, servants and
slaves, declared:
"Sec. 1. Negroes and mulattoes emigrating into the State shall
give bond, etc.
"Sec. 2. In failure of this, such negro, etc., may be hired out
and the proceeds applied to his benefit, or removed from the
State under the poor law.
"Sec. 3. Penalty for committing such without authority.
"Sec. 4. Penalty for harboring such who have not given bond.
"Sec. 5. That the right of any persons to pass through this
State, with his, her, or their negroes or mulattoes, servant or
servants, when emigrating or travelling to any other State or
territory or country, making no unnecessary delay, is hereby
declared and secured."[51]
In 1851 the new constitution limited the right of franchise to "white
male citizens of the United States." "No negro or mulatto shall have
the right of suffrage."
"Art. xii., Sec. 1. The militia shall consist of all able-bodied
white male persons, between, etc.
"Art. xiii., Sec. 1. No negro or mulatto shall come into, or
settle in the State after the adoption of this Constitution.
"Sec. 2. All contracts made with any negro or mulatto coming into
the State contrary to the foregoing section shall be void; and
any person who shall employ such negro or mulatto or encourage
him to remain in the State shall be fined not less than ten, nor
more than five hundred dollars.
"Sec. 3. All fines which may be collected for a violation of the
provisions of this article, or of any law hereafter passed for
the purpose of carrying the same into execution, shall be set
apart and appropriated for the colonization of such negroes and
mulattoes and their descendants as may be in the State at the
adoption of this Constitution and may be willing to emigrate.
"Sec. 4. The General Assembly shall pass laws to carry out the
provisions of this article."
Public-domain text, read in full here on John Shaqi.
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