Until Justice Be Done: America's First Civil Rights Movement, from the Revolution to Reconstruction

by Kate Masur

This was the beginning of what was commonly referred to as the Ohio “black laws.” Passed in 1804, the laws erected barriers to Black migration and settlement, with enforcement located at the county level. Laws required “black or mulatto” persons seeking to “settle or reside” in the state to provide proof of their freedom to a clerk of court within two years of their arrival. All current residents who were Black or mulatto were expected to register with county clerks within five months of passage of the measure. Newcomers and current residents alike would receive certificates from clerks of court. Those certificates would also serve as labor permits, for the law stipulated that employers convicted of hiring Black people who had no certificates would be fined between ten and fifty dollars. In a measure designed with fugitive slaves in mind, the law also mandated fines for anyone who “shall employ, harbor or conceal” a Black or mulatto person who was not registered.23 Every interaction with a county clerk required a fee, making it difficult for impoverished migrants to comply with the law, even if they wanted to do so.