The evidence seems to support the theory that these rules were not uniformly enforced.
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But they were invoked against "troublesome" black residents, or they could be used against whole communities, as in Cincinnati, when white citizens found the increase in black population had reached an unacceptable level. They served blacks as grinding reminders of apartheid intentions and legal subjugation, and they offered white authorities and Northern mobs a cloak for harassment and violence.
Exclusion ordinances often were advanced by self-professed friends of the freemen who foresaw only tragedy in attempts of the races to share the land. Robert Dale Owen, speaking in Indiana in , asked if any decent person desired "the continuance among us of a race to whom we are not willing to accord the most common protection against outrage and death. The rhetoric hardly is an exaggeration: during the constitutional debate in the state that year, one speaker had frankly acknowledged, "It would be better to kill them off at once, if there is no other way to get rid of them.
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We know how the Puritans did with the Indians, who were infinitely more magnanimous and less impudent than the colored race. In Illinois , in clause-by-clause voting, this clause was approved by voters by more than 2 to 1. Most of the opposition to it came from the northern counties of the state, where blacks were few. In Indiana , it was approved by a larger margin than the constitution itself. In Oregon , the vote for it was 8 to 1. The Illinois act stayed on the books until The Black Codes dealt with more than just settlement. Oregon forbid blacks to hold real estate, make contracts, or bring lawsuits.
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Illinois, Ohio, Indiana, Iowa, and California prohibited them from testifying in cases where a white man was a party. Indiana's anti-immigration rule was challenged in the case of a black man convicted for bringing a black woman into the state to marry her. The state Supreme Court upheld the conviction, noting that, "The policy of the state is It is to exclude any further ingress of negroes, and to remove those already among us as speedily as possible. The white citizens of the state would keep the schools racially pure more thoroughly than any legal provision could.
A court upheld the white-only Indiana public schools in , finding that, in the eyes of the state, "black children were deemed unfit associates of whites, as school companions. Like many in the North, Wisconsin residents disliked slavery, but they also felt no desire to integrate with blacks, whom they felt were inferior.
A committee of the statehood convention proposed an article granting suffrage to "white citizens of the United States," foreign residents who intended to become citizens and certain Indians. A few idealists urged that the word "white" be deleted, but they were opposed by the majority. The convention ultimately agreed to submit to the voters a separate article allowing black suffrage. The constitution was voted down for reasons unrelated to suffrage; but the suffrage article also was defeated decisively, with only 34 percent in favor.
The constitutional convention resolved the suffrage issue by agreeing that the Legislature could allow black suffrage at any time, provided that the law was "submitted to the vote of the people at a general election, and approved by a majority of all the votes cast at such election.
The first state Legislature promptly passed a black suffrage law and authorized a referendum, which took place in The law was approved by a vote of 5, to 4, However, fewer than half of all voters casting ballots at the election voted on the suffrage issue; therefore, the law had failed. The Legislature passed new suffrage laws in and again in The voters rejected both laws, although the pro-suffrage vote increased from 41 percent in to 46 percent in Nowhere did they serve on juries before They could not give testimony in 10 states, and were prevented from assembling in two.
Several western states had prohibited free blacks from entering the state. Blacks who entered Illinois and stayed more than 10 days were guilty of "high misdemeanor. See Albert E.
Why has the NI-only backstop re-emerged as a possible solution?
Alexis De Tocqueville, Democracy in America , transl. Leon F. Litwack, North of Slavery , Chicago, , p. Robert S.
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