tate," etc. But Article iv, Section 2, declares
that "citizens of each State shall be entitled to all privileges and
immunities of citizens in the several States." The plea in abatement
was brought under Article iii, but all the judges, except Justice
McLean, built their decision upon the word _citizen_ as it stood in
Article iv.

By the constitution of Ohio, adopted in 1851, free Negroes were not
only denied the right to vote, but were excluded from the militia
service. This law was not repealed until 1878.

Neither the constitution of 1802, nor that of 1851, discriminated
against free Negroes in matters of education; but separate schools
have been maintained in Ohio from the beginning down to the present
time, by special acts of the Legislature.

In the territory of Indiana there were quite a number of Negroes from
the beginning of the century. Some were slaves. In 1806, the first
Legislature, at its second session, passed a law in reference to
_executions_, as follows:

"Sec. 7. And whereas doubts have arisen whether the time of
service of negroes and mulattoes, bound to service in this
territory, may be sold on execution against the master, _Be it
therefore enacted_ that the time of service of such negroes or
mulattoes may be sold on execution against the master, in the
same manner as personal estate, immediately from which sale the
said negroes or mulattoes shall serve the purchaser or purchasers
for the residue of their time of service; and the said purchasers
and negroes and mulattoes shall have the same remedies against
each other as by the laws of the territory are mutually given
them in the several cases therein mentioned, and the purchasers
shall be obliged to fulfil to the said servants the contracts
they made with the masters, as expressed in the indenture or
agreement of servitude, and shall, for want of such contract, be
obliged to give him or them their freedom due at the end of the
time of service, as expressed in the second section of the law of
the territory, entitled 'Law concerning servants,' adopted the
twenty-second day of September, eighteen hundred and three. This
act shall commence and be in force from and after the first day
of February next."[47]

This was bold legislation; but it was not all. Negroes were required
to carry passes, as in the slave States. And on the 17th of September,
18