Ohio Black Code

Document Text

An Act to Organize and Discipline the Militia

Section1. Be it enacted by the General Assembly of the State of Ohio, That each and every free, able-bodied, white male citizen of the state, who is or shall be of the age of eighteen and under the age of forty-five years, except as hereinafter excepted, shall severally and respectively be enrolled in the militia; by the captain or commanding officer of the company within whose bounds such citizens shall reside, within twenty days next after such residence.

An Act to Regulate Black and Mulatto Persons

Section 1. Be it enacted by the General Assembly of the State of Ohio, that from and after the first day of June next, no black or mulatto person, shall be permitted to settle or reside in this state, unless he or she shall first produce a fair certificate from some court with the United States, of his or her actual freedom, which certificate shall be attested by the clerk of said court, and the seal thereof annexed thereto, by the said clerk.

Section 2. That every black or mulatto person residing within this state, on or before the first day of June, one thousand eight hundred and four, shall enter his or her name together with the name or names of his or her children, in the clerk’s office in the county in which he, she, or they reside, which shall be entered on record by said clerk, and thereafter the clerk’s certificate of such record shall pay to the clerk twelve and an half cents: Provided nevertheless, That nothing in this act contained shall bar the lawful claim to any black or mulatto person.

Section 3. That no person or persons’ residents of this state, shall be permitted to hire, or in any way employ any black or mulatto person, unless such black or mulatto person shall have one of the certificates as aforesaid, under pain of forfeiting and paying any sum not less than ten nor more than fifty dollars, at the discretion of the court, for every such offense, one half thereof for the use of the informer, and the other half for the use of the state; and shall moreover pay to the owner, if any there be, of such black or mulatto person, the sum of fifty cents for every day he, she or they shall in otherwise employ, harbor or be recoverable before any court having cognizance thereof.

Section 4. That if any person or persons shall harbor or secret any black or mulatto person, the property of any person whatever, or shall in anywise hinder or prevent the lawful owner or owners from retaking and possessing his or her black or mulatto servant or servants, shall, upon conviction thereof, by indictment or information, be fined in any sum not less than ten nor more than fifty dollars, at the discretion of the court, one-half thereof for the use of the informer and the other half for the use of the state.

Section 5. That every black or mulatto person who shall come to reside in this state with such certificates as is required in the first section of this act, shall, within two years, have the same recorded in the clerk’s office, in the county in which he or she means to reside, for which he or she shall pay to the clerk twelve and an half cents, and the clerk shall give him or her a certificate of such record.

Section 6. That in case any person or persons, his or their agent or agents, claiming any black or mulatto person that now are, or hereafter may be in this state, may apply, upon making satisfactory proof that such black or mulatto person or persons is the property of him or her who applies to any associate judge or justice of the pace within this state, the associate judge or justice is thereby empowered and required, by his precept, to direct the sheriff or constable to arrest such black or mulatto person or persons, and deliver the same in the county or township where such officers shall reside, to the claimant or claimants or his or their agents, for which service the sheriff or constable shall receive such compensation as they are entitled to receive in other cases for similar services.

Section 7. That any person or persons who shall attempt to remove or shall remove from this state, or who shall aid and assist in removing, contrary to the provisions of this act, any black or mulatto person or persons, without first proving as herein before directed, that he, she or they, is or are legally entitled so to do, shall on conviction thereof, before any court having cognizance of the same, forfeit and pay the sum of one thousand dollars, one-half to the use of the informer and the other half to the use of the state to be recovered by action of debt, qui tam, or indictment, and moreover be liable to the action of the party injured.

An Act to Amend the Last Named Act “An Act to Regulate Black and Mulatto Persons”

Section 1. Be it enacted by the General Assembly of the State of Ohio, that no negro or mulatto person shall be permitted to emigrate into, and settle within this state, unless such negro or mulatto person shall, within twenty days thereafter, enter into bond with two or more freehold sureties, in the penal sum of five hundred dollars, before the clerk of the court of common pleas of the county in which such negro or mulatto person may wish to reside, (to be approved of by the clerk), conditioned for the good behavior of such negro or mulatto, and moreover to pay for the support of such person, in case he, she or they should thereafter be found within any township in this state, unable to support themselves. And if any negro or mulatto person shall migrate in this state, and not comply with the provisions of this act, it shall be the duty of the overseer of the poor of the township where such negro or mulatto person may be found to remove immediately such black or mulatto person, in the same manner as is required in the case of paupers.

Section 2. That it shall be the duty of the clerk, before whom such bond may be given as given as aforesaid, to file the same in his office, and give a certificate thereof to such negro or mulatto person; and the said clerk shall be entitled to receive the sum of one dollar for the bond and certificate aforesaid, on the delivery of the certificate.

Section 3. That if any person, being a resident of this state, shall employ, harbor or conceal any such negro or mulatto person aforesaid, contrary to the provisions of the first section of this act, any person offending shall forfeit and pay, for every such offence, any sum not exceeding one hundred dollars, the one half to the informer, and the other half for the use of the poor of the township in which such person may reside, to be recovered by action of debt, before any court having competent jurisdiction; and moreover be liable for the maintenance and support of such negro or mulatto, provided be, she or they shall become unable to support themselves.

Section 4. 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, where either party to the same is a white person.

Section 5. That so much of the act, entitled “an act to regulate black and mulatto persons,” as is contrary to this act, together with the sixth section thereof, be and the same is hereby repealed. This act shall take effect and be in force from and after the first day of April next.