Illinois Transatlantic Slave Trade Commission

The Black Laws of Illinois

Approved
December 8, 1813
Ninian Edwards

AN ACT to prevent the Migration of free Negroes and Mullattoes
into this Territory and for other purposes---

Sec. 1.  Be it enacted by the Legislative council and House of Representatives of the Illinois Territory that it shall not be lawful for any free negro or mullatto to migrate in this Territory, and every free negro or mullatto who shall come into this Territory contrary to this act shall and may be apprehended and carried by any citizen before some Justice of the peace of the county where he shall be taken; which Justice is hereby authorized to examine, and order to leave the Territory every such free negro or Mullatto, which said free negro or Mullatto shall be allowed from the time of his examination before the Justice of the peace fifteen days to depart from the Territory, and if after the expiration of the said fifteen days he or she shall be found in the Territory he or she shall be carried before a Justice of the peace who shall order him or her to be whipped on his or her Bare back not exceeding thirty-nine stripes nor less than twenty-five stripes and if he or she shall thereafter remain in the Territory fifteen days he or she may be punished in the same manner as aforesaid and so on as long as he or she shall refuse or fail to depart from the Territory.

Sec. 2.   Be it further enacted that all free negroes and Mullattos now residing in the Territory shall within six months after the passage of his act apply to the clerk of the court of Common Pleas of the County in which such negro or mullatto may reside to be registered and numbered by the clerk, which register shall specify the name, age, colour, and stature of said free negro or mullattoe, a copy of which register signed by the clerk shall be delivered to the said free negro or mullatto for which the clerk shall demand of him or her the sum of fifty cents.  Provided however that no negro or mullatto as aforesaid, shall claim the benefit of this section until he, she, or they produce to such clerk satisfactory evidence that he, she, or they is, or are entitled to freedom---  Provided also that no negro or mulatto who is claimed as a servant or slave by any person or persons shall be entitled to the benefit of this section.

Sec. 3   Be it further enacted that if any such Free negro or Mulatto being of the age of twenty-one years shall neglect to procure such certificate it shall be the duty of any Justice of the Peace of the county wherein he or she may be found to order him or her to leave the Territory as in the first section of this act, and the said free negro or mullatto shall be subject to the same penalties for refusing to leave the Territory as is provided in the first section of this act.

Sec. 4   Be it further enacted that if any such free negro or mullatto shall hereafter be convicted before any Justice of the peace of the county where the offence was committed, of stealing, or harboring runaway negroes or mullattoes  or slave belonging to persons either in this Territory or elsewhere.  The said Justice of the peace whose duty it shall be to take cognizance of such offenses, shall order him or her to receive on his or her bare back not less than thirty-nine nor more than fifty lashed and the Justice shall order him or her to depart from the Territory in thirty days, and if such free negro or mullatto shall neglect to depart accordingly, he or she shall be dealt with in the same manner as is provided in the first section of this act.

Sec. 5.   Be it further enacted that any such free negro or Mullatto who is required by this act to register himself with the clerk as aforesaid, shall at the same time register with the said clerk in the same manner all such free negroes or Mullattoes residing with him or her as may be under the age of twenty-one years.  And on failure thereof such free negroes & Mullattoes being under the age of twenty-one years may by any citizen be carried before the court of common pleas of the county, whose duty it shall be to bind them out until they attain the age of twenty-five years.  This act to commence and to be in force from and after the passage thereof.

Geo Fisher
Speaker of the House of Representatives

Pierre Menard
President of the Council

Illinois Constitution of 1818

Adopted at the Kaskaskia convention on August 26, 1818

 

            ARTICLE VI.

1. Neither slavery or involuntary servitude shall hereafter be introduced into this state, otherwise than for the punishment of crimes, whereof the party shall have been duly convicted; nor shall any male person, arrived at the age of 21 years, nor female person arrived at the age of 18 years, be held to serve any person as a servant, under any indenture hereafter made, unless such person shall enter into such indenture while in a state of perfect freedom, and on condition of a bona -fide consideration received or to be received for their service. Nor shall any indenture of any negro or mulatto, hereafter made and executed out of this state, or if made in this state, where the term of service exceeds one year, be of the least validit y, except those given in cases of apprenticeship.

2. No person bound to labor in any other state, shall be hired to labor in this state, except within the tract reserved for the salt works near Shawneetown; nor even at that place for a longer period than one year at any one time; nor shall it be  allowed there after the year 1825: any violation of this article shall effect the emancipation of such person from his obligation to service.

3. Each and every person who has been bound to service by contract or indenture in virtue of the law of Illinois territory heretofore existing, and in conformity to the provisions of the same, without fraud or collusion, shall be held to a specific performance of their contracts or indentures; and such negroes and mulattoes as have been registered in conformity with the aforesaid laws, shall serve out the time appointed by said laws: Provided however, that the children hereafter born of such person , negroes or mulattoes, shall become free, the males at the age of 21 years, the females at the age of 18 years. Each and every child born of indentured parents, shall be entered with the clerk of the county in which they reside, by their owners, within s ix months after the birth of said child.