1827, a criminal code was enacted for offences
committed by Negroes and servants, which contained many cruel
features. On the 2d of February a law was passed declaring that all
Negroes, Mulattoes, and Indians were incompetent to be witnesses in
any court against a white person; and that a person having one fourth
part Negro blood shall be adjudged a Mulatto. This law was re-enacted
in 1845.[53] In 1853, February 12th, the Legislature of Illinois
passed "_An Act to Prevent the Immigration of Free Negroes into this
State_."

"Secs. 1, 2. Fine and imprisonment for bringing slave, for any
purpose, into the State. _Proviso_: 'That this shall not be
construed so as to affect persons or slaves, _bona fide_,
travelling through this State from and to any other State in the
United States.'

"Sec. 3. Misdemeanor for negro or mulatto, bond or free, to come
with intention of residing.

"Sec. 4. Such may be prosecuted and fined or sold, for time, for
fine and costs.

"Secs. 5, 6, 7. If such do not afterwards remove, increased fine
and like proceedings, etc., etc. Appeal allowed to the circuit.

"Sec. 8. If claimed as fugitive slave, after being thus arrested,
a justice of the peace, 'after hearing the evidence, and being
satisfied that the person or persons claiming said negro or
mulatto is or are the owner or owners of and entitled to the
custody of said negro or mulatto, in accordance with the laws of
the United States passed upon this subject,' shall give the owner
a certificate, after his paying the costs and the negro's unpaid
fine, 'and the said owner or agent so claiming shall have a right
to take and remove said slave out of the State.'

"Sec. 9. Punishment of justice for nonfeasance, and of witness
falsely accusing negro."[54]

While slavery had no legal, constitutional existence in the three
border States, there were, in fact, quite a number of slaves within
their jurisdiction during the first generation of their existence. And
the free people of Color were, _first_, denied the right of
citizenship; _second_, excluded from the militia service; _third_,
ruled out of the courts whenever their testimony was offered against a
white person; _fourth_, could not come into the free border States
without producing a certificate of freedom; and, _fifth_, were annoyed
by many little, mean laws in the exercise of the