Civil War History - Secession and PoliticsWas it Slavery, or was it States Rights? Perhaps it was the election of Lincoln? What were the real reasons for Southern Secession and what were the political issues in this time of war? Find your answers here in the Secession and Politics Disussion.
Excerpt from Arthur Peronneau Ford, "Life in the Confederate Army; Being Personal Experiences"
Early in April, 1861, immediately after the battle of Fort Sumter, I joined the Palmetto Guards, Capt. George B. Cuthbert, of the Seventeenth Regiment South Carolina Militia. Very soon after, the company divided, and one half under Captain Cuthbert left Charleston, and joined the Second South Carolina Volunteers in Virginia. The other half, to which I belonged, under Capt. George L. Buist, remained in Charleston. Early in the fall Captain Buist's company was ordered to Coosawhatchie, and given charge of four howitzers; and thenceforth for three years, until December, 1864, it served as field artillery. I did not go with my company, as at that time I was a clerk in the Charleston post-office, and really exempt from all service. On April 2, 1862, however, then being about eighteen years of age, I resigned my clerkship, and joining the company at Coosawhatchie, with the rest of the men enlisted in the Confederate service "for three years or the war."
About May 1st the company was ordered to Battery Island at the mouth of the Stono River, where with another company, the "Gist Guards," Capt. Chichester, we were put under the command of Major C. K. Huger, and placed in charge of four 24-pounder smooth-bore guns in the battery commanding the river, our own four howitzers being parked in the rear. Cole's Island, next below, and at the immediate entrance of the river, was garrisoned by Lucas' battalion of Regulars, and the Twenty-fourth Regiment South Carolina Volunteers, Col. C. H. Stevens. An examination of a map of this locality will show that Cole's Island was the key to Charleston; and this question has given rise to considerable acrimonious discussion. But whatever the merits of the case may have been, the facts are, that under the strange fear of the Federal gunboats that obtained on the South Carolina coast at that period, it was believed that our positions on Cole's and Battery Islands could not be held against an attack from the gunboats, which then were off the mouth of the river; and the islands were evacuated. On the 18th the Federals sent a couple of small boats into the mouth of the river to reconnoiter, but they were soon driven back by our pickets. On the next day, and day after, all the guns were removed from both islands to Fort Pemberton, higher up the Stono River--a very strong earth fort that had been built in preparation for this move. A day or two after, while our men were still on Battery Island, but Cole's Island having been deserted, several Federal gunboats entered the river, shelling the woods and empty batteries as they advanced. On their approach we set fire to the barracks and then withdrew across the causeway to James Island. We had to make haste across this causeway, because it was within easy range of the enemy, who soon began to rake it with shells.
This was my first experience with shell fire, and I soon learned that at long range, to men in the field, if the shells did not explode it was more alarming than dangerous. But being quite fresh I thought it unbecoming to appear concerned, and although at first, after crossing the causeway, I had stood wisely behind a friendly oak tree for protection, after the first shell or two I stepped aside and stood in the open, foolishly thinking that this was more soldierly. I had not yet learned that a soldier's common sense should prompt him to make use of what protection there may be at hand and to avoid exposing himself unnecessarily. But only when duty calls, to throw precaution aside and face whatever there is. While we were standing on the James Island side of the causeway a time-fuse shell fell near us, and one of our men, a new recruit, ran up to it, and stood over it with the exclamation, "How the thing does hiss!" Happily the fuse failed and the shell did not explode. When I saw the fortunate termination of the affair I could not resist calling out, "Surely the Lord protects drunken men and fools."
Our company fell back from here to a plantation about a mile inland, where we made our camp. I was a very enthusiastic, energetic youngster, and in pitching our large Sibley tent worked with such energy that I attracted the attention of one of our men, Mr. H. Gourdin Young, who jokingly said, "Ford, you are a splendid worker. If you were a negro, I would buy you." He was very much my senior.
After remaining here for about two months, our men doing some picket duty, we were transferred to Fort Pemberton, a very strong earthwork of 16 guns, on the Stono River, and garrisoned by Lucas' battalion of Regulars, in which my brother was a lieutenant. Here we remained for about three months.
Frequently the Federal gunboats would ascend the river, and there would be interchanges of shots between them and the fort. On one of these occasions an amusing incident occurred. Lieutenant Webb, of our company, had just got a new negro man servant, who was inexperienced in warfare. One afternoon, as a few shells were being thrown at the fort from the gunboats, he was very much scared, saying, "Dem people trow dem t'ings about yere so careless, dey won't mind until dey hu't somebody." Just then a shell passed over the fort, and exploding in the rear, a piece cut off a leg of Lieutenant Webb's horse. "Dere now ; w'at I tell you!" exclaimed Sam. "Dey done kill Mass Ben's horse."
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Excerpt from Arthur Peronneau Ford, "Life in the Confederate Army; Being Personal Experiences"
At this time the Federal gunboats were very annoying in Stono River, coming as high up as possible daily, and shelling our pickets, and it was determined to make a diversion. Therefore, in January, 1863, our battery with Capt. Smith's and other troops were sent over to John's Island, and ambushed at Legare's point place to cooperate with two companies of Lucas' battalion and some other troops on James Island. The design was to capture the Isaac P. Smith. This vessel was an iron screw steamer of 453 tons, and carried eight 8-inch navy guns, or sixty-four pounders, and a 7-inch thirty-pounder Parrott gun. She was commanded at the time by Capt. F. S. Conover; and her crew consisted of 11 officers and 105 men.
The affair was completely successful. The gunboat in her daily ascent was taken by surprise, and after a short fight at only 75 or 100 yards distance, as she ran trying to escape, had her steam drum torn by a shell, and had to surrender. She had twenty-three men killed and wounded, while we lost one man killed. My howitzer was at a sharp bend in the river, and as the gunboat ran past, her stern was directly about 100 yards in front of the gun I served. It put one 8-inch schrapnel shell into her stern port, and I learned afterwards that the shell knocked a gun off its trunnions and killed or wounded eight men. A prize crew was put on board immediately and the vessel towed by a tug up the river, and later on to the city. While the prisoners were being landed, the U. S. S. Commodore McDonough steamed up the river and opened fire on us, but a few well-directed shots from our batteries soon made her desist and drop back down the river. At nightfall, our command returned to Charleston.
Our 8-inch howitzers were soon after exchanged for four twelve-pounder Napoleon guns, and the battery ordered back to James Island. Here in March we took part in a land affair near Grimball's place on the Stono.
Our battery was encamped about a mile from the river, and at daybreak one morning we were aroused and hurried down the road toward Grimball's plantation. Just before we were about to emerge from the woods into a field, the musketry firing going on rapidly on our left front, and a few shells from the gunboats falling into the woods, we were halted, and told that just in front was a field reaching to the river, and as soon as we passed out of the woods the order "battery by right into line" would be given. Well, we started at a rapid trot. I was driver of the lead horses of gun No. 2, and as we passed out of the woods, in obedience to the command I swung to the right, gun No. 3 swung to my right, and No. 4 to right of No. 3, while No. 1 kept straight on down the road, and we all went forward now at a run into battery.
We galloped down to the edge of the marsh along the river, and swinging into battery our guns opened on the U. S. S. Pawnee out in the river, the other two gunboats being ****her down, and around a bend of the river. We were engaged for about twenty minutes, when the Pawnee dropped down the river, and the musketry fire on our left gradually ceased.
It seems that the Federals had advanced on the island with a force of about 2,000 men, supported by three gunboats. They had been met, and after sharp fighting, had been driven back by Col. Gaillard's Twenty-fifth Regiment South Carolina Volunteers, the Marion Artillery,--a light battery,--and a Georgia regiment, while our battery engaged the Pawnee. The Confederate loss was 27 men killed and wounded, and the Federal, 45.
The artillery was under the command of Lieut. Col. Delaware Kemper, who sat on his horse by our battery during the scrimmage. After the affair was over he remarked to our captain, "Captain Webb, you have a splendid set of young fellows there, but they need practice. They could not hit John's Island if they had it for a target." As to our marksmanship, he was mistaken, however, for we did put several shells into the Pawnee, and she had to go to Port Royal for repairs.
In this affair, being a driver, my position while the guns were in action was standing by my horses about 100 feet in the rear of my gun; and it was trying to have to stand there quietly, inactive, and take the shells and few rifle balls that passed by. It would have been much more agreeable to be actively engaged about the gun.
Only a few moments after we had got into action, our little company dog, a half-breed fox-terrier, "Boykee," who always stuck to the guns, and seemed to enjoy the excitement, was struck in the neck by a piece of shell, directly in front of where I was standing, and ran screaming to the rear. This wound was not a serious one, and he soon recovered from it. He was afterwards ignominiously killed by a snake in Florida.
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"The Confederate Secession," Marquis of Lothian, 1864
"I believe that the right of secession is so clear that if the South had wished to do so, for no better reason than that it could not bear to be beaten in an election, like a sulky school-boy out of temper at not winning a game, and had submitted the question of its right to withdraw from the Union to the decision of any court of law in Europe, she would have carried her point."
"Let us however suppose the Southern Secession to have been altogether illegal and uncalled for, or rather let us turn away our eyes from the question altogether, and suppose that the causes of the struggle are veiled in obscurity. Can we find anything in the circumstances of the war itself which may induce us to take one side rather than the other? Those circumstances have been very remarkable. This contest has been signalized by the exhibition of some of the best and some of the worst qualities that war has ever brought out. It has produced a recklessness of human life; a contempt of principles, a disregard of engagements; a wasteful expenditure almost unprecedented; a widely extended corruption among the classes who have any connection with the government or the war; an enormous debt, so enormous as to point to almost certain repudiation; the headlong adoption of the most lawless measures; the public faith scandalously violated both towards friends and enemies; the liberty of the citizen at the mercy of arbitrary power; the liberty of the press abolished: the suspension of the Habeas Corpus Act; illegal imprisonments; midnight arrests; punishments inflicted without trial; the courts of law controlled by satellites of government; elections carried on under military supervision; a ruffianism both of word and action eating deep into the country; contractors and stock jobbers suddenly amassing enormous fortunes out of the public misery, and ostentatiously parading their ill-gotten wealth in the most vulgar display of luxury; the most brutal inhumanity in the conduct of the war itself; outrages upon the defenceless, upon women, children and prisoners; plunder, rapine, devastation, murder,--all the old horrors of barbarous warfare, which Europe is beginning to be ashamed of, and new refinements of cruelty thereto added, by way of illustrating the advance of knowledge. It has also produced qualities and phenomena the opposite of these. Ardour and devotedness of patriotism which might, alone be enough to make us proud of the century to which we belong; a unanimity such as has probably never been witnessed before; a wisdom in legislation; a stainless good faith under extremely difficult circumstances; a clear appreciation of danger, coupled with a determination to face it to the uttermost; a resolute abnegation of power in favor of leaders in whom those who selected them could trust; with an equally resolute determination to reserve the liberty of criticism, and not to allow those trusted leaders to go one inch beyond their legal powers: a heroism in the field and behind the defences of besieged cities, which can match anything that history has to show; a wonderful helpfulness in supplying needs and creating fresh resources; a chivalrous and romantic daring, which recalls the middle ages: a most scrupulous regard for the rights of hostile property; a tender consideration for the vanquished and the weak; a determination not to be provoked into retaliation by the most brutal injuries, which makes one wonder, recollecting what those injuries have been, whether in their place, one would have done as they have done. * * * And the remarkable circumstance is * * * that all the good qualities have been on the one side, and all the bad ones on the other."
"I am not going a hair's-breadth beyond what I soberly and sincerely believe, in saying that the Confederates have in almost every respect, surpassed anything that has ever been known.
"The most splendid instance of a nation's defence of its liberties that the world has seen before the present day, was perhaps (I am not sure, but I think so), that of Sicily at the end of the thirteenth century: and the Confederates stand much above the Sicilians."
SECTION 1. The Congress of the Confederate States of America do enact, That all prisoners of war taken, whether on land or at sea, during the pending hostilities with the United States, shall be transferred by the captors, from time to time and as often as convenient, to the Department or War; and it shall be the duty of the Secretary of War, with the approval of the President, to issue such instructions to the Quartermaster General and his subordinates as shall provide for the safe custody and sustenance of prisoners of war; and the rations furnished prisoners of war shall be the same in quantity and quality as those furnished to enlisted men in the army of the Confederacy.
SEC. 2. That the eighth section of the act entitled "An act recognizing the existence of war between the United States and the Confederate States, and concerning Letters of Marque, Prizes and Prize Goods," shall not be so construed as to authorize the holding as prisoners of war the officers or crew of any unarmed vessel, nor any passenger on such vessels, unless such passengers be persons employed in the public service of the enemy.
SEC. 3. That the tenth section of the above recited act shall not be so construed as to allow a bounty for prisoners captured on vessels of the enemy and brought into port, unless such prisoners were captured on board of an armed ship or vessel of the enemy of equal or superior force to that of the private armed vessel making the capture.
Head Quarters Potomac Department,
Culpeper C. H., May 5, 1861.
Commissioned by the Governor, with the sanction of the Council, and confirmed by the Convention, in the rank of Brigadier General of Volunteers, to date from the 21st April, 1861, and placed in Command of all the military troops and defences on the Potomac border of the State, I proceeded in company with Brig. Gen. Ruggles, my second in command, from Richmond; he to take up his Headquarters at Fredericksburg, whilst I should take position in front of Washington, and in connection with the Commanding Officer at Harper's Ferry, on my left, thus cover and defend our Potomac border against invasion from the North.
After visiting Alexandria, and making the necessary observations and arrangements at that post, I proceeded to take up my Headquarters at this place, on Sunday morning, April 28th.
The Governor's proclamation of the 3rd inst., declaring that "the sovereignty of the Commonwealth of Virginia
"having been denied, her territorial rights assailed,
"her soil threatened with invasion by the authorities
"of Washington, and every artifice employed which
"could inflame the people of the Northern States to misrepresent
"our purposes and wishes, it becomes the solemn
"duty of every citizen of this State to prepare for
"the impending conflict, and authorizing the Commanding
"General of the Military forces of the State to call
"out, and cause to be mustered into the service of Virginia,
"from time to time, as the public exigencies may
"require, such additional number of Volunteers as he
"may deem necessary," and the Commanding General, following up the proclamation of the Governor, having ordered me to call out, and muster into the service of the State, Volunteer Companies from the "Counties of Alexandria,
"Fairfax, Loudoun, Prince William, Fauquier,
"Rappahannock, Culpeper, Madison, Greene, Orange,
"Albemarle, Nelson, Amherst, Campbell, Bedford,
"Roanoke, Botetourt and Craig. The troops from the
"first five Counties to rendezvous at Leesburg and Warrenton;
"those from the five next named at Culpeper
"Court House; those from Albemarle, Amherst and
"Nelson, at Charlottesville; the remaining at Lynchburg."--The whole will be organized into Regiments of Rifles or Infantry, Cavalry and Artillery, and be placed temporarily under such field and other Officers as may be available until their proper field Officers can be appointed by the Governor.
Officers will be sent to the respective rendezvous to muster these troops into service, and rapidly to organize the whole force.
Therefore I call upon the brave men, within the geographical limits above indicated, to respond instantly to this demand upon their patriotism, in defence of all that is held sacred and dear to freemen. Men, of the Potomac Military Department to arms! The once peaceful Capitol of the United States is now the great rallying point of the armed military power of the North! The Constitution of your Country, the sovereign rights of your State, truth, justice and liberty, are all ignored and outraged amidst the brutal and frenzied cry of the North for force! force!
At this moment hosts of armed men profane by their insolent presence, the city, the grave, and the memory of Washington, whilst an unbroken stream of thousands in arms, violate the soil of Maryland, and murder her citizens in their march, to reinforce and occupy the Capitol.
And for what? The Capitol has never been threatened; it is not now threatened; it is beyond, and outside, the limits of the free and sovereign State of Virginia.--
The North has not openly and according to the usage of civilized nations, declared war on us. We make no war on them: but should Virginia soil or the grave of Washington be polluted by the tread of a single man in arms from North of the Potomac it will cause open war. Men of the Potomac border! Men of the Potomac Military Department; to arms! Your Country calls you to her defence, already you have in spirit responded.--You await but the order to march, to rendezvous, to organize, to defend your State, your liberties, and your homes!
Women of Virginia, cast from your arms all cowards; and breathe the pure and holy, the high and glowing inspirations of your nature, into the hearts and souls of lover, husband, brother, father!
Almighty God! Author and Governor of the world; Thou source of all light, life, truth, justice and power, be thou our God!--be thou with us! Then shall we fear not a world against us!
PHILIP ST. GEO. COCKE.
Brigadier General Com'g. Potomac Department
Ye sons of Carolina! awake from your dreaming!
The minions of Lincoln upon us are streaming!
Oh! wait not for argument, call, or persuasion,
To meet at the onset this treach'rous invasion!
Oh! think of the maidens, the wives, and the mothers,
Fly ye to the rescue, sons, husbands and brothers,
And sink in oblivion all party and section,
Your hearthstones are looking to you for protection!
"Her name stands the foremost in Liberty's story,"
Oh! tarnish not now her fame and her glory!
Your fathers to save her their swords bravely wielded,
And she never yet has to tyranny yielded.
The babe in its sweetness--the child in its beauty,
Unconsciously urge you to action and duty!
By all that is sacred, by all to you tender,
Your country adjures, arise and defend her!
"The Star Spangled Banner," dishonored is streaming
O'er bands of fanatics; their swords are now gleaming;
They thirst for the life-blood of those you most cherish;
With brave hearts and true, then, arouse! or they perish!
Round the flag of the South, oh! in thousands now rally,
For the hour's departed when freemen may dally;
Your all is at stake, then go forth, and God speed you!
And onward to glory and victory lead you!
An Act concerning Free Negroes and Mulattos, Servants, and Slaves
(APPROVED, FEBRUARY 10, 1831)
Sec. 1. Be it enacted by the General Assembly of the state of Indiana, That from and after the first day of September next, no black or mulatto person coming or brought into this state, shall be permitted to reside therein unless bond with good and sufficient security be given on behalf of such person of color, to be approved of by the overseers of the poor of some township in this state, payable to the state of Indiana, in the penal sum of five-hundred dollars, conditioned that such person shall not at any time become a charge to said county in which said bond shall be given, nor to any other county in this state, as also for such person's good behaviour; which bond shall be filed in the clerk's office of the county where the same may be taken. And a conviction of such negro or mulatto, of any crime or misdemeanour against the penal laws of this state, shall amount to forfeiture of the condition of such bond: Provided, that on any suit brought upon such bond for the penalty thereof, a less sum than the penalty, may, at the discretion of the jury trying such action, be assessed against any defendants, by way of damages.
Sec. 2. If any negro or mulatto coming into this state as aforesaid, shall fail to comply with the provisions of the first section of this act, it shall be and is hereby made the duty of the overseers of the poor, if any township, where such negro or mulatto may be found, to summon him to appear before some justice of the peace, to show cause why hem she or they shall not comply with the provisions of this act: which summons shall be issued by a justice of the peace, on the application of any overseer of the poor in this state, and shall;; be executed by the proper constable. And if such negro or mulatto shall still fail to give the bond and security required by the first section of this act, after being brought before such justice as aforesaid, it shall be the duty of the overseers of the poor of such township, to hire our such negro or mulatto for six months, for the best price in cash that can be had. The proceeds arising from such hiring shall be paid to the county treasury of the proper county, for the use of such negro or mulatto, in such manner as will be directed by the overseers of the poor aforesaid; provided, however, That it shall be lawful for the overseers of the poor, to remove such negro or mulatto, without the jurisdiction of this state, in the same manner and under the same rules and regulations as are pointed out in the act of the relief of the poor, instead of hiring such negro or mulatto out, at the discretion of said overseers.
Sec.3. Any sheriff or jailer, who shall commit or suffer to be committed to prison, any negro or mulatto, without a lawful mittimus, or being otherwise authorized by law for that purpose, or under the provisions of this act, shall be fined upon presentment or indictment, in any sum not less than one hundred dollars, nor more than five hundred dollars.
Sec.4. Should any person knowingly engage or hire, or harbour such negro or mulatto hereafter coming or being brought into this state, without such coloured person first complying with the provisions of this act, such person or persons so offending, shall pay a fine of not less than, nor more than one hundred dollars, to be recovered by presentment or indictment.
Sec. 5. That the right of any person or persons to pass through this state, with his, her or their Negroes or mulattos, servant or servants, when emigrating or travelling to any other state or territory, or country, making no unnecessary delay, is hereby declared and secured.
(Revised Statutes of the State of Indiana, 1831)
Article XIII
Indiana Constitution of 1851
Negroes and Mulattoes
Section 1. No negro or mulatto shall come into or settle in the State, after the adoption of this Constitution.
Section 2. All contracts made with any Negro or Mulatto coming into the state, contrary to the provisions of the foregoing section, shall be void, and any person who shall employ such Negro or Mulatto, or otherwise encourage him to remain in the State, shall be fined in any sum not less than ten dollars, nor more than five hundred dollars.
Section3. All fines which may be collected for a violation of the provisions of this article, or of any law that may be passed for the purpose of carrying the same into execution, shall be set apart and appropriated for the colonization of such Negroes or Mulattoes, and their descendants, as may be in the State at the adoption of this Constitution, and may be willing to emigrate.
Section 4. The General assembly shall pass laws to carry out the provisions of this article.
Section 1. Be it enacted by the General Assembly of the State of Ohio , That from and after the first day of June next. no black or mulatto person shall be permitted to settle or reside in this state, unless he or she shall first produce a fair certificate from some court within the United States, of his or her actual freedom, which certificate shall be attested by the clerk of said court, and the seal thereof annexed thereto, by said clerk.
Sec. 2. And be it further enacted , That every black or mulatto person residing within this state, on or before the fifth day of June, one thousand eight hundred and four, shall enter his or her name, together with the name or names of his or her children, in the clerk's office in the county in which he, she or they reside, which shall be entered on record by said clerk, and thereafter the clerk's certificate of such record shall be sufficient evidence of his, her or their freedom; and for every entry and certificate, the person obtaining the same shall pay to the clerk twelve and an half cents. Provided nevertheless , That nothing in this act contained shall bar the lawful claim to any black or mulatto person.
Sec. 3. And be it further enacted , That no person or persons residents of this state, shall be permitted to hire, or in any way employ any black or mulatto person, unless such black or mulatto person shall have one of the certificates as aforesaid, under pain of forfeiting and paying any sum not less than ten nor more than fifty dollars, at the discretion of the court, for every such offense, one-half thereof for the use of the informer and the other half for the use of the state;and shall moreover pay to the owner, if any there be, of such black or mulatto person, the sum of fifty cents for every day he, she or they shall in any wise employ, harbour or secret such black or mulatto person, which sum or sums shall be recoverable before any court having cognizance thereof.
Sec. 4. And be it further enacted , That if any person or persons shall harbour or secret any black or mulatto person, the property of any person whatever, or shall in any wise hinder or prevent the lawful owner or owners from retaking and possessing his or her black or mulatto servant or servants, shall, upon conviction thereof, by indictment or information, be be fined in any sum not less than ten nor more than fifty dollars, at the discretion of the court, one-half thereof for the use of the informer and the other half for the use of the state.
Sec. 5. And be it further enacted , That every black or mulatto person who shall come to reside in this state with such certificate as is required in the first section of this act, shall, within two years, have the same recorded in the clerk's office, in the county in which he or she means to reside, for which he or she shall pay to the clerk twelve and an half cents, and the clerk shall give him or her a certificate of such record.
Sec. 6. And be it further enacted , That in case any person or persons, his or their agent or agents, claiming any black or mulatto person that now are or hereafter may be in this state, may apply, upon making satisfactory proof that such black or mulatto person or persons is the property of him or her who applies, to any associate judge or justice of the peace within this state, the associate judge or justice is hereby empowered and required, by his precept, to direct the sheriff or constable to arrest such black or mulatto person or persons and deliver the same in the county or township where such officers shall reside, to the claimant or claimants or his or their agent or agents, for which service the sheriff or constable shall receive such compensation as they are entitled to receive in other cases for similar services.
Sec. 7. And be it further enacted , That any person or persons who shall attempt to remove, or shall remove from this state, or who shall aid and assist in removing, contrary to the provisions of this act, any black or mulatto person or persons, without first proving as hereinbefore directed, that he, she or they, is or are legally entitled so to do, shall, on conviction thereof before any court having cognizance of the same, forfeit and pay the sum of one thousand dollars, one-half to the use of the informer and the other half to the use of the state, to be recovered by action of debt, qui tam , or indictment, and shall moreover be liable to the action of the party injured.
Article 1 Section 31.-White foreigners who are, or may hereafter become residents of this State shall enjoy the same rights in respect to the possession, enjoyment, and descent of property as native born citizens. And the Legislative Assembly shall have power to restrain, and regulate the immigration to this State of persons not qualified to become citizens of the United States.
Article I Section 34--There shall be neither slavery, nor involuntary servitude in the State, otherwise than as a punishment for crime, whereof the party shall have been duly convicted.
Article I Section 35.-- No free negro, or mulatto, not residing in this State at the time of the adoption of this Constitution, shall come, reside, or be within this State, or hold any real estate, or make any contracts, or maintain any suit therein; and the Legislative Assembly shall provide by penal laws, for the removal, by public officers, of all such negroes, and mulattoes, and for their effectual exclusion from the State, and for the punishment of persons who shall bring them into the state, or employ, or harbor them. (Repealed November 3, 1926).
Article II Section 6.--No Negro, Chinaman, or Mulatto shall have the right of suffrage. (Repealed June 28, 1927).
Any law or statute of a state that contravenes the Constitution has not standing in the law and are null and void. They may be on the books but they are unenforceable in the courts.
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