The national era. [volume] (Washington [D.C.]) 1847-1860, 1854-11-16
LEGISLATION OF INDIANA RESPECTING COL
ORED PEOPLE

We purpose a brief exposition of the legal dis
abilities of colOred people i'll Indiana, az a mat
ter of general interest, and as having particular
reference to the mitigation or removal of those
disabilities, through the agency of an enlightened
public sentiment. We shall confine our obser-
vations on this subject to the present time, mere
" remarking that, with theexception of the 18th
article of the Constitution, which, as we shall
show. originated in rather " abnormal state
OF public feeling, there has, perhaps been some
mitigation of the rigors of our legislation in
this direction, in the progress of the times
That 1t IS vet sufficiently stringent, or rather
most oppressive and unjust, will appear from
the following enumeration of its principal pro-
visions bearing on this subject.
BY article second, section fifth, of the Con-
stltutiOn, negroes and mulattOes are denied the
right Of suffrage
BY the thirteenth article of the same instru-
ment, negroes and mulAttoes are forbidden to
come into or settle In the State; all contracts
made with them contrary to the preceding pro-
vision are declared void and fine of not less
than ten nor more than five hundred dollars il
imposed on any person who shall employ or
otherwise encourage them to remain in the
State. The same article further provides, that
all fines which may be collected for violation
of the provisions of the same, or of any law
which may be passed for the purpose of carry
ing the same into execution, shall be set apart
for the colonization of such negroes and mulat-
toeS. and their descendants, as tmav be in the
State at the adoption of the Constitution, and
may be willing to emigrate. Said article further
enJOInS legislation to carry out its provisions
BY chapter 18th, volume lSt, of the Revised
Statutes of 1852, the General Assembly pro-
ceeded to obey this injunction. In addition to
the re-enactment Of the principal provisions of
the 18th article, they provide for the registry,
by the clerks Of the several Circuit Courts in
the State, of all negroes and mulattoes who
were inhabitants of the same prior to the first
day of November, 1851, and entitled to reside
therein. The clerk is authorized to subpoena
witnesses to prove the right of inhabitation of
any such negro and mulatto and if satisfied of
such right, il required to register his name and
issue him certificate. The act also extends
TO TIE colored people coming into the State the
same penalty which had been imposed upon
persons employing them. The provisions OF
the 18th article in regard to colonization are
carried out and improved upon by chapter
Sth, lst Revised Statutes, and chapter 10th
Acts 1858, which appropriate five thousand
dollars annually for some years to that object
the purchase of lands in Africa, payment OF
| salary of agent, &c.
By chapter 42d, Acts 1853, it is provided
that q no person having one-eighth or more of
negro blood shall be permitted to testify as a
witness IN any cause in which any white person
| Is party In interest
BY section lst, chapter l06th, Acts 1853, it
IL enacted that =" the property of negroes and
mulattoes shall not be taxed for school pur
poses, nor shall any negro or mulatto derive
ANY of the benefits Of the common schools OF
this State But though, thus ostensibly ex
empt from taxation for the support of schools
| colored people, in common with other citizens
are required to contribute towards the school
| fund, III the way of tines assessed for breaches
| of the penal laws of the State, as also bv es
cheats and ether forfeitures. (See Constitution
article Sth, section ID and Revised Statutes
chapter 9sth, section I'd.
Lastly, colored people are not exempt from
| property tax, nor from labor Oh the public
highways. (See Revised Statutes, chapter 9th
section 9th and chapter 1920, section 9th
9th.)
The above, we believe, are all the legal pro
visions worthy of note, pertaining to this sub
| ect For the sake of brevitv, we have not SCI
them out in full but have been careful to give
a fair rendering of their substance and spirit
| We now propose taking them up in their order
| beginning with the second, and making such
! A''iHAANS az
may con1uce TO a better understanding of the
character of our Legislation in the premises.
Comment, at this late day, on the enormity
OF this exclusion clause would seem to be su
pertiuous. Its unjust and unconstitutiona
character has already been fully exposed 81
far as language is adequate to do so. But Their,
is connected with it a feature of peculiar mean
ness, which should not pass unnoticed. Tn,
same body who thus shut out from our Dor
ders the colored people generally, and sough
to Danish those already here-all native Amer
lean citizens-by the same instrument spread
wide our gates, inviting to a participation o
equal priciteges with ourselves, on a very Sigh
Suit it is said, has been commenced agains, Metho
dst in the southern pari OF this Stale employ
ing a cOlored clergyman OF Kentucky TO come over AN
preach Tor him!