OHIO STATEWIDE FILES - Know your Ohio: Tidbits of Ohio -- Part 28 ************************************************************************ USGENWEB ARCHIVES(tm) NOTICE Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm All documents placed in the USGenWeb Archives remain the property of the contributors, who retain publication rights in accordance with US Copyright Laws and Regulations. In keeping with our policy of providing free information on the Internet, these documents may be used by anyone for their personal research. They may be used by non-commercial entities so long as all notices and submitter information is included. These electronic pages may NOT be reproduced in any format for profit. Any other use, including copying files to other sites, requires permission from the contributors PRIOR to uploading to the other sites. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgenwebarchives.org ************************************************************************** File contributed for use in USGenWeb Archives by Darlene E. Kelley http://www.genrecords.net/emailregistry/vols/00026.html#0006374 March 30, 2005 ************************************************************************** Historical Collections of Ohio And Then They Went West Know Your Ohio by Darlene E. Kelley Tid Bits- part 28 notes from S. Kelly +++++++++++++++++++++++++++++++ part 28 Ohio Black Laws In 1787 Congress enacted the Northwest Ordinance establishing a governement for the Northwest Territory. While the black population was small -- there were 337 blacks in the Northwest Territory in 1800. The 1802 Constitutional Convention made clear that the first state created in the Territory would honor the Northwest Ordinance pledge that slavery would not exist northwest of the Ohio River; " there shall be neither slavery nor involuntary servitude in the said territory but any slave escaping into the territory may be lawfully reclaimed." Beginning in 1803, a series of laws known as the " Black Laws " was enacted in Ohio, in part to slow black migration. Upon entering the state, any black person was required to post bond for $500 and file evidence of free status. African Americans were not permitted to work unless they carried documentation of their free status with them. While slavery was not legal, the rights of blacks were severely limited; suffrage was extended only to white male inhabitants and blacks were denied political rights such as the right to serve on jury, serve in the militia, or testify against whites. Below are listed the laws; Ohio Black Laws -- 1804 "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 within 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. Setion 2. - And be it further enacted, That every black or mulatto person residing in this State, on or before the fifth 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 be sufficient evidence of his, her, or their feedom; and for every entry and certificate, the person obtaining the same shall pay to the clerk twelve and an half cents. Provided neverless, That nothing in this act contained shall bar the lawful claim to any black or mulatto person. Section 3.- And be it further enacted, 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 back or mulatto person shall have one of the certificates as aforesaid, under pain of forfeiting and paying any sum not less than ten or 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 mulotto person, the sum of fifty cents for every day he, she or they shall in any wise employ, harbour or secret such black or mulotto person, which sum or sums shall be recoverable before any court having cognizance thereof. Section 4. - And be it further enacted, That if any person or persons shall harbour or secret any black or malotto person , the property of any person whatever, or shall in any wise hinder or prevent the lawful owner or owners from retaking and possessing his or her balck or malotto servant or servants, shall, upon conviction thereof by indictment or information, to 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.- And be it further be enacted, That every black or mulotto person who shall come to reside in this State with such certificate 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. - And be it further enacted , That in case any person or persons, his or their agent or agents, claiming any black or mulotto 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 is empowered and required, by his precept, to direct the sheriff or constable to arrest such black or mulotto pesrson and deliver the same in the county or township where such officers shall reside, to the claimant or claiments or his or their agent or agents, for which service the sheriff or constable shall receive such compensation as they are entitled to receive in other cases for simular services. Setion 7.- And be it further enacted, That any person or persons who shall attempt to remove, or shall remove from this State, or wo shall aid and assist in removing, contrary to the provisions of this act, any black or mulotto person or persons, without first proving as hereinbefore directed, that he, she, or they, is or are legally entitled so to do, shall, on conviction theeof 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 shall moreover be liable to the action of the party injured." +++++++++++++++++++++ Northeners had generally ignored the federal Fugitive Slave Law of 1793 when aiding escaping slaves. Aid to fugtive slaves had occurred as early as 1815 and became more organized over the years. The most well known example is the Underground Railroad. Fugitive slaves moved along established routes through Ohio from one station to another. One Quaker conductor, Levi Coffin, claimed to have assisted hundreds of fugitive slaves. Rev. John Rankin lived in Ripley on the Ohio River and kept a lantern in the window showing the path to Ohio. The Fugitive Slave Law of 1850 made it a federal offense to interfere in the capture and return of fugitive slaves. The law required citizens to assist in capturing escapees when called upon. Captured blacks were denied jury trials and were not permitted to testify on their own behalf. Abolitionist consdered this a " kidnap Law." About this time, Harriet Beecher Stowe contributed to the slavery debate by publishing her novel Uncle Tom's Cabin in 1852. Slavery was an increasing divisive issue and abolitionists were particularly active in Ohio at this time. Numerous intense incidents brought forth vocal advocates on both sides of the issue. One of the most famous incidents was the Oberlin-Wellington Rescuer case. In 1858 John Price, a fugitive slave, was seized in Oberlin, then was quickly moved to Wellington, where support for the law was stronger. Abolitionist feelings in Oberlin were strong and the citizens were outraged at the events. Several citizens traveled to Wellington and worked with local people there to free Price. Thirty-seven Oberlin and Wellington citizens were later indicted by a federal grand jury for violating the fugitive slave law. Two of these individuals, Simon Bushnell and Charles Langston, were later tried, found guilty, and jailed. Controversy ensued over whether the law was constitutional or should be permitted in Ohio. Eventually the Ohio Supreme Court, by a narrow margin, ruled the fugitive slave law to be constitutional. Both Bushnell and Langston served their short sentences, but were considered martyrs for the antislavery cause. The Civil war broke out in 1861. When Confederate General John Hunt Morgan laid plans to attack Cincinnati in 1862, the Black Brigade of Cincinnati, the first African American unit to be utilized for military purposes in the North, was formed. In anticipation of the attack, seventeen companies of African Amercan residents were conscripted to construct military roads, dig rifle pits, fell trees, and construct forts and magazines. For the next three weeks, the Black Brigade labored to complete the defenses, and was mustered-out on Sept 20. Although many of the men expressed desire to stay and fight as organized companies, they were denied. Following the 1863 federal Conscription Act, Ohio started to enroll blacks as volunteer units. African American soldiers served under white officers and received half the pay of white volunteers. On the eve of the Civil War, blacks made up two percent of the Ohio population. Ultimately 5,000 Ohio blacks served in state or federal units. The 27th U.S. Colored Infantry Regiment, recruited by John Mercer Langston with the authorization of Governor David Todd, was organized into service on January 16, 1864 at Camp Delaware, Ohio. From there they were ordered to Anapolis, Maryland, to serve with the Army of the Potomac in Virginia and North Carolina until being mustered out on September 21,1865. The Emancipation Proclaimation in 1863 freed African Americans in rebel states, and after the Civil War, the 13th Amndment emancipated all U.S. slaves wherever they were. By 1870 African American men had the right to vote. While legslation was changing, discrimination in theaters, restaurants, and public transportation continued. Just before the turn of the century, black republicans served regularly in the Ohio Assembly, where they helped defeat a bill tat would have prohibited " mixed " marriages and supported anti-lynching legislation. Harry Smith, a black legislator and newspaper publisher, was instrumental in the 1896 anti-lynching law known as the Smith Act. In the same year, Smith also introduced Ohio Civil Rights Law that outlawed racial discrimination in public places. +++++++++++++++++++++++++++++++ The Old-Time Sabbath When our Connecticut fathers loaded their wagons for their new homes in Ohio, they brought with them their crowns and septers, for each was a monarch of his family, but, be it to their credt, they left the whipping post and ducking stool behind. After a time they wore the crown less often and the septer was seldom seen. Those of us who have lived the New England life in Ohio know that most of our great-granfathers never smiled, that few of our grandfathers caressed their wives or kissed their children, but we rejoice that the real change came before our time, for being snuggled to sleep in our mother's arms, or kissed awake by our father's lips, is worth all else in the world. The children of our Connecticut ancestry had desire for religious liberty, as had the Pilgrim fathers and mothers, as had the Connecticut pioneer or the first inhabitant of the Western Reserve. They kept quiet on Sunday because it was more comfortable than being beaten; they committed chapters of the Bible to heart for the same reason. But when the mother and father, with such of the grown people and children whose turn it was, had driven off to church and were safely out of sight, pandemonium continued to reign until the child stationed at te upper window as sentinel sighted the returning carriage on the further hill. Then the house was tidied, then did the children take up their Bibles, and received the look of approval for their supposed good conduct. Some good came out of these Sunday disobeyances, for several men, who afterwards became orators and trial lawyers, first learned to speak before these home audiences, while one woman, a noted advocate in the temperance cause, dates her ability to talk at ease to the days when she played church on Sunday morning, and insisted on preaching a sermon standing on a haircloth chair, which she was never allowed to sit in except when there was company. Both men and women have said that these meetings were always ended by riot, but the furniture of those days was made by hand, of seasoned wood, with the best of glue and varnish, and could stand any kind of use. Old men and women living in Trumbull county, who have endured all kinds of hardships and seen grievous sorrows, look back upon Sundays of their childhood with horror. The Sabbath began Saturday at sundown and closed Sunday at sundown. With the twilight a gloom settled upon the children ( the older folks enjoyed a few hours of rest ) which semed intolerable. Bible reading by one of the family was had, and a long, meaningless, audible prayers were made. As the children knelt either on the bare floor or thin carpet, their knees ached, and it was impossible to be still. As recreation they were allowed to read the Bible by the tallow dip or flaming log, or go to bed. A man who at this writing is aged eighty seven, as a child had a number of brothers, and he says that, when lads, so forlorn and depressed were they all on Sunday that they used to say they wished they were dead. In order that they might surely know just when the day was really done, they climbed onto the huge woodpile, which was in their dooryard, to watch the setting sun, and when at last it disappeared the shout which went up from the stack of logs and sticks was never surpassed by the whoop of the Indians who formally occupie the territory. They jumped or rolled from the pile, chasing each other, fought and played, outside in summer, by the huge logs in winter, till parents, exhausted with the tempest, sent them early to bed. Yes, the desire for religious liberty in the heart of the Puritan, but through our fathers and mothers, who rebelled even more strongly than they did. +++++++++++++++++++++++++++++++ First Churches on the Reserve The first church built on the reserve was at Austinburg. There is a tale oft told that this church was dedicated by breaking a bottle of whiskey over its spire, but if this was done, it was not done with the consent of the church people, but by a wag of a sailor, who climbed the steeple to do it as a joke. This church association was organized October 21, 1801, and the building was of logs. There were sixteen charter members. It is thought that the second church was organized in Hudson in 1802. It is known that in Mr. Badger's writing in 1801, he noted the iireligious tendency of the people, he said Hudson was the only spot where he found any deep, hearty religion. Here he organized a church of ten men and six women. It is strange that these two first churches had the same number of charter members. It is stated that the second missionary sent to the Reserve was Rev. Thomas Robbins. The exact date of the organization of the third church is not known and was at Youngstown, and probably organized in 1801, with Rev. William Wick as pastor. The fouth church ( Baptist ) was establihed in Warren in 1803. The baptists were very strong in Western Pennsylvania and Ohio at tis time. Warren can claim also, and backed by Leonard Case as authority, that Rev. Henry Speers, from Washington County, Pennsylvania, in June, 1800, preached the first sermon at the county seat of the Reseve, at Warren. This service was held below the Lane homestead, on what is now South Main street. About fifty persons were present, and Lewis Morris Iddings say: " Probably at no time since has so large a proportion of the inhabitants of Warren attended church on any one Sunday." Mr. Speers belonged to the Baptist denomination. +++++++++++++++++++++++++++++++ +++++++++++++++++++++++++++++++ Tid Bits continued in part 29.