I hope this post can clear up some of the issues here.
In 1830 there were 12 free states (ME, NH VT, Mass., Conn, RI, NY, PA, NJ, Ohio, Ind. and Illinois). By 1850 Michigan, Iowa, and Wisconsin would be admitted; by 1850 so would Calif, Minn, and Oregon.
Of these states the first 9 -- all in New England and the Mid-Atlantic, had NO restrictions of blacks entering them. Any black could move to those states. All of them except New Jersey gave free blacks substantial rights, including access to public schools. Free blacks could vote in some and held office some. Thus, the idea that free blacks could not move to the free states, is just nonsense. Michigan, Wisconsin, Minnesota, and California also allowed complete freedom of migration for free blacks. By 1860 free black property owners in Michigan could vote in some elections. There were so many free black property owner in Cass Co., MI that this rule was necessary because otherwise it was impossible to pass school bonds.
Ohio, until 1849, required blacks to prove their freedom, register with local authorities, and find someone to sign a surety bond (which did not involve any cash -- just a signature) to guarantee the support of the new black resident if he or she was unable to support himself. These laws were on the books until 1849 but rarely enforce. During this period the free black population in Ohio grew dramatically, from 1,899 in 1810 to over 17,000 in 1840 and over 25,000 by 1850 (the year after the repeal). These numbers are most certainly an undercount, since fugitive slaves would always avoid the census taker. This point is true for all the statistics below. From 1850 to 1860 the Ohio black population grew to over 36,600.
Whatever else one can say about this law, it did not discourage much black migration. The son of Sally Hemings and Thomas Jefferson was just one of many Virginia blacks who moved to Ohio. Do too did John Mercer Langston (the son of a Virginia slaveowner and his female slave). Langston was elected to (and hled) public office in the 1850s even though he could not vote.
Indiana and Illinois had similar laws which were on the books until after the Civil War. These states were quite hostile to black migration, but these laws had little effect until the 1850s when Indiana developed stronger legislation and did stop black migration. Again, population statistics are useful. Indiana had 1230 free black in 1820 and 11,262 in 1850; a very steep rise. But from 1850 to 1860 the state's black population few by fewer than 200 people, suggesting the ban worked.
Illinois stats are similar. 1,374 blacks in 1820; 5,436 in 1850; 7,628 in 1860. Clearly the law was not working well.
Iowa had a similar law that was never enforced and never worked, and the state supreme court said it was never legally on the books.
Oregon banned free black migration at statehood in 1859 but it was a meaningless gesture, given the distance and unlikely chance blacks would go there.
So, the bottom line is there were lots of blacks for southern free black to move; and lots of blacks for fugitive slaves to run, and many did so.
I hope this helps.
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Paul Finkelman, Ph.D.
President William McKinley Distinguished Professor of Law
Albany Law School
80 New Scotland Avenue
Albany, NY 12208
518-445-3386 (p)
518-445-3363 (f)
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www.paulfinkelman.com
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From: Discussion of research and writing about Virginia history [[log in to unmask]] on behalf of Craig Kilby [[log in to unmask]]
Sent: Thursday, May 17, 2012 4:57 PM
To: [log in to unmask]
Subject: Re: [VA-HIST] Virginia Emancipations
Eric,
Thanks for walking through this door. This is exactly what I was hoping to learn more about. My initial impression is that the reason people wrote this specific language into their wills was more of a political commentary on the hypocrisy of the "free" Northern states....i.e, there was not state would accept them. But I don't really know that, but this sure furthers the theory.
As so your last post citing Kathleen Browns book, "Nasty Wenches" etc. The title is catchy but it is otherwise a waste of pulp. Just my opinion of course, but I know it was reviewed by several people on our Mary Ball Washington Museum & Library committee as a possible purchase. That is a pretty diverse group of people and they were unanimous in their opinion: NO.
On May 17, 2012, at 2:25 PM, Eric Richardson wrote:
> Craig,
> A Public History source/venue (Underground Railroad museum in Cincinnati)
> displayed several of the antebellum mid-western Black Codes that required
> removal of any person of African descent within a very short time period,
> as short as 24 hours like Georgia required for free persons of color
> entering that state. The museum's argument was that the Underground
> Railroad did not end in Ohio & elsewhere but continued to Canada as the
> actual safe refuge, not the "free States." Not sure if it is ancedotal
> proof or disproof but Sally Hemmings' son, Peter, changed his name to
> Jefferson in Ohio, moved to Wisconsin, and "passed" as white there. Not
> sure if the stop in Ohio was longer than the Black Code allowed but he left
> VA after Jefferson emancipated him.
> Eric
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