Nelson, a mulatto, was arrested for immigrating into Illinois in 1862, violating 1853 Black exclusion act. Before a justice of the peace, Nelson was fined $50 and imprisoned until payment or sold into servitude. Nelson appealed to the circuit court, he argued the law's unconstitutionality. The court upheld the verdict, citing legislative authority to prevent Black migration into Illinois. Nelson appealed to the Illinois Supreme Court, which affirmed the judgment, enforcing law's provisions as constitutional, noting that serving a punishment by being sold into servitude did not equate to slavery. |