4. Penalty for harboring such who have not given bond.
"Sec. 5. That the right of any persons to pass through this
State, with his, her, or their negroes or mulattoes, servant or
servants, when emigrating or travelling to any other State or
territory or country, making no unnecessary delay, is hereby
declared and secured."[51]
In 1851 the new constitution limited the right of franchise to "white
male citizens of the United States." "No negro or mulatto shall have
the right of suffrage."
"Art. xii., Sec. 1. The militia shall consist of all able-bodied
white male persons, between, etc.
"Art. xiii., Sec. 1. No negro or mulatto shall come into, or
settle in the State after the adoption of this Constitution.
"Sec. 2. All contracts made with any negro or mulatto coming into
the State contrary to the foregoing section shall be void; and
any person who shall employ such negro or mulatto or encourage
him to remain in the State shall be fined not less than ten, nor
more than five hundred dollars.
"Sec. 3. All fines which may be collected for a violation of the
provisions of this article, or of any law hereafter passed for
the purpose of carrying the same into execution, shall be set
apart and appropriated for the colonization of such negroes and
mulattoes and their descendants as may be in the State at the
adoption of this Constitution and may be willing to emigrate.
"Sec. 4. The General Assembly shall pass laws to carry out the
provisions of this article."
Other severe laws were enacted calculated to modify and limit the
rights of free persons of color.
The first constitution of the State of Illinois, adopted in 1818,
limited the [Art. ii, Sec. 27] elective franchise to "free white"
persons. Article v, Sec. 1, exempted "negroes, mulattoes, and Indians"
from service in the militia. In March, 1819, "_An Act Respecting Free
Negroes, Mulattoes, Servants, and Slaves_" passed. Sec. 1 required
Negro and Mulatto persons coming into the State to produce a
certificate of freedom. Sec. 2 required them to register their family
as well as themselves. Sec. 3 required persons bringing slaves into
the State, for the purpose of emancipating them, to give bonds. Passes
were required of Colored people, and many other hard exactions. The
bill above referred to contained twenty-five sections.[52]
On the 6th of January,
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