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BLACK LAWS OF OHIO 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 said clerk.
Sec. 2. And be it further enacted , That every black or mulatto person
residing within 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 freedom; and for every entry and
certificate, the person obtaining the same 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.
Sec. 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 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 any wise employ, harbour or secret such
black or mulatto person, which sum or sums shall be recoverable before any
court having cognizance thereof.
Sec. 4. And be it further enacted , That if any person or persons shall
harbour or secret any black or mulatto 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 black or mulatto servant or
servants, shall, upon conviction thereof, by indictment or information, be
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.
Sec. 5. And be it further enacted , That every black or mulatto 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.
Sec. 6. And be it further enacted , 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 peace within this
state, the associate judge or justice is hereby 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 agent or agents, for which service the sheriff or constable shall
receive such compensation as they are entitled to receive in other cases for
similar services.
Sec. 7. And be it further enacted , 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 hereinbefore 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 shall moreover be liable to the action of
the party injured.
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The U. S. Constitution
