being by merely leaving the Negroes, Indians and foreigners out of the
pale of the newly organized body politic by conveniently incorporating the
word white throughout the constitution.[28] It was soon evident, however,
that the matter had not been settled, and the legislature of 1804 had to
give serious consideration to the immigration of Negroes into that State.
It was, therefore, enacted that no Negro or mulatto should remain there
permanently, unless he could furnish a certificate of freedom issued by
some court, that all Negroes in that commonwealth should be registered
before the following June, and that no man should employ a Negro who
failed to comply with these conditions. Should one be detected in hiring,
harboring or hindering the capture of a fugitive black, he was liable to a
fine of $50 and his master could recover pay for the service of his slave
to the amount of fifty cents a day.[29]

As this legislature did not meet the demands of those who desired further
to discourage Negro immigration, the Legislature of 1807 was induced to
enact a law to the effect that no Negro should be permitted to settle in
Ohio, unless he could within 20 days give a bond to the amount of $500 for
his good behavior and assurance that he would not become a public charge.
This measure provided also for raising the fine for concealing a fugitive
from $50 to $100, one half of which should go to the person upon the
testimony of whom the conviction should be secured.[30] Negro evidence in
a case to which a white was a party was declared illegal. In 1830 Negroes
were excluded from service in the State militia, in 1831 they were
deprived of the privilege of serving on juries, and in 1838 they were
denied the right of having their children educated at the expense of the
State.[31]

In Indiana the situation was worse than in Ohio. We have already noted
above how the settlers in the southern part endeavored to make that a