in great diversity of opinion rather than a fixedness of judgment among
the citizens. The question came up in the Constitutional Convention of
1802 and provoked some discussion, but reaching no decision, the
convention simply left the Negroes out of the pale of the newly
organized body politic, discriminating against them together with
Indians and foreigners, by incorporating the word white into the
fundamental law.[4] The legislature to which the disposition of this
question was left, however, took it up in 1804 to calm the fears of
those who had more seriously considered the so-called menace of Negro
immigration. This body enacted a law, providing that no Negro or mulatto
should be allowed to remain permanently in that State, unless he could
furnish a certificate of freedom issued by some court in the United
States. Negroes then living there had to be registered before the
following June, giving the names of their children. No man could employ
a Negro who could not show such a certificate. Hiring a delinquent black
or harboring or hindering the capture of a runaway was punishable by a
fine of $50 and the owner of a fugitive thus illegally employed could
recover fifty cents a day for the services of his slave.[5]

As the fear of Negro immigration increased the law of 1804 was found to
be inadequate. In 1807, therefore, the legislature enacted another
measure providing that no Negro should be permitted to settle in Ohio
unless he could within twenty days give a bond to the amount of $500,
guaranteeing his good behavior and support. The fine for concealing a
fugitive was raised from $50 to $100, one half of which should go to the
informer. Negro evidence against the white man was prohibited.[6] This
law together with that of 1830 making the Negro ineligible for service
in the State militia, that of 1831 depriving persons of color of the
privilege of serving upon juries, and that of 1838 prohibiting the
education of colored children at the expense of the State, constituted