Papers of the American Negro Academy. (The American Negro Academy. Occasional Papers, No. 18-19.)Grimké, Archibald Henry
History
Papers of the American Negro Academy. (The American Negro Academy. Occasional Papers, No. 18-19.)
Grimké, Archibald Henry
African Americans -- Congresses
At the close of the revolution, slavery existed in most of the colonies,
if not all, and their statute books contained laws relating to that
condition, and to the condition of "free persons of color." However, as
time passed and the institution of slavery disappeared, we find these
laws disappearing or becoming greatly modified or mitigated in their
provisions. For instance, March 26, 1783, Massachusetts passed a law
forbidding an African or Negro to tarry within the commonwealth for a
longer time than two months unless such person could produce a
certificate from the secretary of State of which such person claimed to
be a citizen, showing that he was such, and that where such persons did
not have the required certificate they should be ordered to depart from
the State, and upon failure to do so be committed to any house of
correction, and that such punishment should be repeated whenever and as
often as the order to depart was disobeyed. This law was repealed,
however, in 1786. It seems that slavery was abolished in Massachusetts
by operation of the constitution of 1780, which declares that "All men
are born free and equal." Harry St. George Tucker, president of the
Virginia Court of Appeals, said in 1833, speaking of this constitutional
utterance, that "We should be disposed to take this declaration less as
an abstraction than we regard that which is contained in our own bill of
rights" (5th Leigh Rep., 622). By 1786, it appears that Massachusetts
had abolished all distinctions in law based on race except that in
relation to marriage, which appears to have been repealed in 1843. In
1833, Connecticut enacted a law forbidding the setting up or
establishment of any school, academy or literary institution for the
instruction or education of colored persons who were not inhabitants of
the State. This law was repealed in 1838. The constitution of Rhode
Island of 1843, conferred the elective franchise on persons of the male
sex qualified by residence and property without distinction of color. In
New Hampshire the constitution of 1783 contains the principle that all
men are born equally free, and no distinction on account of color is
found in any of her statutes except in a law of 1792, which specified
that enlistment in the militia should be confined to white people. In
the law of 1857, relating to the subject of militia, color is not
mentioned. Neither in the constitution nor laws of Vermont does one find
for this period any distinction based on color, so that in Vermont the
term "free colored person" had no existence and consequently no meaning.
In Maine no distinctions based on color are to be found for the period
under consideration either in the constitution or the statutes. In
Pennsylvania colored people exercised the elective franchise and enjoyed
full citizenship with the whites up to 1838, when the elective
franchise, by the constitution of that year, was confined to whites.
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