Governor in chief and Captain General in and over the Province of South
Carolina, by and with the advice and consent of his Majesty's honorable
Council, and the House of Assembly of the said Province, and by the
authority of the same, That from and immediately after the passing of
this Act, there shall be imposed on and paid by all and every the
inhabitants of this Province, and other person and persons whosoever,
first purchasing any negro or other slave, hereafter to be imported, a
certain tax or sum of ten pounds current money for every such negro and
other slave of the height of four feet two inches and upwards; and for
every one under that height, and above three feet two inches, the sum of
five pounds like money; and for all under three feet two inches,
(sucking children excepted) two pounds and ten shillings like money,
which every such inhabitant of this Province, and other person and
persons whosoever shall so purchase or buy as aforesaid, which said sums
of ten pounds and five pounds and two pounds and ten shillings
respectively, shall be paid by such purchaser for every such slave, at
the time of his, her or their purchasing of the same, to the public
treasurer of this Province for the time being, for the uses hereinafter
mentioned, set down and appointed, under pain of forfeiting all and
every such negroes and slaves, for which the said taxes or impositions
shall not be paid, pursuant to the directions of this Act, to be sued
for, recovered and applied in the manner hereinafter directed."
§ 6. "_And be it further enacted_ by the authority aforesaid, That the
said tax hereby imposed on negroes and other slaves, paid or to be paid
by or on the behalf of the purchasers as aforesaid, by virtue of this
Act, shall be applied and appropriated as followeth, and to no other
use, or in any other manner whatever, (that is to say) that three-fifth
parts (the whole into five equal parts to be divided) of the net sum
arising by the said tax, for and during the term of five years from the
time of passing this Act, be applied and the same is hereby applied for
payment of the sum of six pounds proclamation money to every poor
foreign protestant whatever from Europe, or other poor protestant (his
Majesty's subject) who shall produce a certificate under the seal of any
corporation, or a certificate under the hands of the minister and
church-wardens of any parish, or the minister and elders of any church,
meeting or congregation in Great Britain or Ireland, of the good
character of such poor protestant, above the age of twelve and under the
age of fifty years, and for payment of the sum of three pounds like
money, to every such poor protestant under the age of twelve and above
the age of two years; who shall come into this Province within the first
three years of the said term of five years, and settle on any part of
the southern frontier lying between Pon Pon and Savannah rivers, or in
the central parts of this Province," etc. For the last two years the
bounty is £4 and £2.
§ 7. After the expiration of this term of five years, the sum is
appropriated to the protestants settling anywhere in the State, and the
bounty is £2 13_s._ 4_d._, and £1 6_s._ 8_d._
§ 8. One other fifth of the tax is appropriated to survey lands, and the
remaining fifth as a bounty for ship-building, and for encouraging the
settlement of ship-builders.
§ 14. Rebate of three-fourths of the tax allowed in case of
re-exportation of the slaves in six months.
§ 16. "_And be it further enacted_ by the authority aforesaid, That
every person or persons who after the passing this Act shall purchase
any slave or slaves which shall be brought or imported into this
Province, either by land or water, from any of his Majesty's plantations
or colonies in America, that have been in any such colony or plantation
for the space of six months; and if such slave or slaves have not been
so long in such colony or plantation, the importer shall be obliged to
make oath or produce a proper certificate thereof, or otherwise every
such importer shall pay a further tax or imposition of fifty pounds,
over and besides the tax hereby imposed for every such slave which he or
they shall purchase as aforesaid." Actual settlers bringing slaves are
excepted.
§ 41. This act to continue in force ten years from its passage, and
thence to the end of the next session of the General Assembly, and no
longer. Cooper, _Statutes_, III. 739.
~1753, Dec. 12. New York: 5 oz. and 10 oz. plate Duty Act.~
"An Act for granting to His Majesty the several Duties and Impositions,
on Goods, Wares and Merchandizes imported into this Colony, therein
mentioned." Annually continued until 1767, or perhaps until 1774. _Laws
of New York, 1752-62_, p. 21, ch. xxvii.; _Doc. rel. Col. Hist. New
York_, VII. 907; VIII. 452.
~1754, February. Virginia: Additional Five per cent Duty Act.~
"An Act for the encouragement and protection of the settlers upon the
waters of the Mississippi." For three years; continued in 1755 and 1763;
revived in 1772, and continued until 1778. Hening, _Statutes_, VI. 417,
468; VII. 639; VIII. 530.
~1754, July 25. Maryland: Additional 10s. Duty Act.~
"An Act for his Majesty's Service." Bacon, _Laws_, 1754, ch. ix.
~1755, May. Virginia: Additional Ten per cent Duty Act.~
"An act to explain an act, intituled, An act for raising the sum of
twenty thousand pounds, for the protection of his majesty's subjects,
against the insults and encroachments of the French; and for other
purposes therein mentioned."
§ 10. " ... from and after the passing of this act, there shall be
levied and paid to our sovereign lord the king, his heirs and
successors, for all slaves imported, or brought into this colony and
dominion for sale, either by land or water, from any part [port] or
place whatsoever, by the buyer, or purchaser, after the rate of ten per
centum, on the amount of each respective purchase, over and above the
several duties already laid on slaves, imported as aforesaid, by an act
or acts of Assembly, now subsisting, and also over and above the duty
laid by" the Act of 1754. Repealed by Act of May, 1760, § 11, " ...
inasmuch as the same prevents the importation of slaves, and thereby
lessens the fund arising from the duties upon slaves." Hening,
_Statutes_, VI. 461; VII. 363. Cf. _Dinwiddie Papers_, II. 86.
~1756, March 22. Maryland: Additional 20s. Duty Act.~
"An Act for granting a Supply of Forty Thousand Pounds, for his
Majesty's Service," etc. For five years. Bacon, _Laws_, 1756, ch. v.
~1757, April. Virginia: Additional Ten per cent Duty Act.~
"An Act for granting an aid to his majesty for the better protection of
this colony, and for other purposes therein mentioned."
§ 22. " ... from and after the ninth day of July, one thousand seven
hundred and fifty-eight, during the term of seven years, there shall be
paid for all slaves imported into this colony, for sale, either by land
or water, from any port or place whatsoever, by the buyer or purchaser
thereof, after the rate of ten per centum on the amount of each
respective purchase, over and above the several duties already laid upon
slaves imported, as aforesaid, by any act or acts of Assembly now
subsisting in this colony," etc. Repealed by Act of March, 1761, § 6, as
being "found very inconvenient." Hening, _Statutes_, VII. 69, 383.
~1759, November. Virginia: Twenty per cent Duty Act.~
"An Act to oblige the persons bringing slaves into this colony from
Maryland, Carolina, and the West-Indies, for their own use, to pay a
duty."
§ 1. " ... from and after the passing of this act, there shall be paid
... for all slaves imported or brought into this colony and dominion
from Maryland, North-Carolina, or any other place in America, by the
owner or importer thereof, after the rate of twenty per centum on the
amount of each respective purchase," etc. This act to continue until
April 20, 1767; continued in 1766 and 1769, until 1773; altered by Act
of 1772, _q.v. Ibid._, VII. 338; VIII. 191, 336.
~1760. South Carolina: Total Prohibition.~
Text not found; act disallowed by Great Britain. Cf. Burge,
_Commentaries_, I. 737, note; W.B. Stevens, _History of Georgia_, I.
286.
~1761, March 14. Pennsylvania: £10 Duty Act.~
"An Act for laying a duty on Negroes and Mulattoe slaves, imported into
this province." Continued in 1768; repealed (or disallowed) in 1780.
Carey and Bioren, _Laws_, I. 371, 451; _Acts of Assembly_ (ed. 1782), p.
149; _Colonial Records_ (1852), VIII. 576.
~1761, April 22. Pennsylvania: Prohibitive Duty Act.~
"A Supplement to an act, entituled An Act for laying a duty on Negroes
and Mulattoe slaves, imported into this province." Continued in 1768.
Carey and Bioren, _Laws_, I. 371, 451; Bettle, _Notices of Negro
Slavery_, in _Penn. Hist. Soc. Mem._ (1864), I. 388-9.
~1763, Nov. 26. Maryland: Additional £2 Duty Act.~
"An Act for imposing an additional Duty of Two Pounds per Poll on all
Negroes Imported into this Province."
§ 1. All persons importing Negroes by land or water into this province,
shall at the time of entry pay to the naval officer the sum of two
pounds, current money, over and above the duties now payable by law, for
every Negro so imported or brought in, on forfeiture of £10 current
money for every Negro so brought in and not paid for. One half of the
penalty is to go to the informer, the other half to the use of the
county schools. The duty shall be collected, accounted for, and paid by
the naval officers, in the same manner as former duties on Negroes.
§ 2. But persons removing from any other of his Majesty's dominions in
order to settle and reside within this province, may import their slaves
for carrying on their proper occupations at the time of removal, duty
free.
§ 3. Importers of Negroes, exporting the same within two months of the
time of their importation, on application to the naval officer shall be
paid the aforesaid duty. Bacon, _Laws_, 1763, ch. xxviii.
~1763 (circa). New Jersey: Prohibitive Duty Act.~
"An Act for laying a duty on Negroes and Mulatto Slaves Imported into
this Province." Disallowed (?) by Great Britain. _N.J. Archives_, IX.
345-6, 383, 447, 458.
~1764, Aug. 25. South Carolina: Additional £100 Duty Act.~
"An Act for laying an additional duty upon all Negroes hereafter to be
imported into this Province, for the time therein mentioned, to be paid
by the first purchasers of such Negroes." Cooper, _Statutes_, IV 187.
~1766, November. Virginia: Proposed Duty Act.~
"An act for laying an additional duty upon slaves imported into this
colony."
§ 1. " ... from and after the passing of this act there shall be levied
and paid ... for all slaves imported or brought into this colony for
sale, either by land or water from any port or place whatsoever, by the
buyer or purchaser, after the rate of ten per centum on the amount of
each respective purchase over and above the several duties already laid
upon slaves imported or brought into this colony as aforesaid," etc. To
be suspended until the king's consent is given, and then to continue
seven years. The same act was passed again in 1769. Hening, _Statutes_,
VIII. 237, 337.
~1766. Rhode Island: Restrictive Measure (?).~
Title and text not found. Cf. _Digest_ of 1798, under "Slave Trade;"
_Public Laws of Rhode Island_ (revision of 1822), p. 441.
~1768, Feb. 20. Pennsylvania: Re-enactment of Acts of 1761.~
Titles only found. Dallas, _Laws_, I. 490; _Colonial Records_ (1852),
IX. 472, 637, 641.
~1769, Nov. 16. New Jersey: £15 Duty Act.~
"An Act for laying a Duty on the Purchasers of Slaves imported into this
Colony."
"Whereas Duties on the Importation of Negroes in several of the
neighbouring Colonies hath, on Experience, been found beneficial in the
Introduction of sober, industrious Foreigners, to settle under His
Majesty's Allegiance, and the promoting a Spirit of Industry among the
Inhabitants in general: _In order therefore_ to promote the same good
Designs in this Government, and that such as choose to purchase Slaves
may contribute some equitable Proportion of the publick Burdens," etc.
A duty of "_Fifteen Pounds_, Proclamation Money, is laid." _Acts of
Assembly_ (Allinson, 1776), p. 315.
~1769 (circa). Connecticut: Importation Prohibited (?).~
Title and text not found. "Whereas, the increase of slaves is injurious
to the poor, and inconvenient, therefore," etc. Fowler, _Historical
Status of the Negro in Connecticut_, in _Local Law_, etc., p. 125.
~1770. Rhode Island: Bill to Prohibit Importation.~
Bill to prohibit importation of slaves fails. Arnold, _History of Rhode
Island_ (1859), II. 304, 321, 337.
~1771, April 12. Massachusetts: Bill to Prevent Importation.~
Bill passes both houses and fails of Governor Hutchinson's assent.
_House Journal_, pp. 211, 215, 219, 228, 234, 236, 240, 242-3.
~1771. Maryland: Additional £5 Duty Act.~
"An Act for imposing a further additional duty of five pounds current
money per poll on all negroes imported into this province." For seven
years. _Laws of Maryland since 1763_: 1771, ch. vii.; cf. 1773, sess.
Nov.-Dec., ch. xiv.
~1772, April 1. Virginia: Address to the King.~
" ... The importation of slaves into the colonies from the coast of
Africa hath long been considered as a trade of great inhumanity, and
under its _present encouragement_, we have too much reason to fear _will
endanger the very existence_ of your majesty's American dominions....
"Deeply impressed with these sentiments, we most humbly beseech your
majesty to _remove all those restraints_ on your majesty's governors of
this colony, _which inhibit their assenting to such laws as might check
so very pernicious a commerce_." _Journals of the House of Burgesses_,
p. 131; quoted in Tucker, _Dissertation on Slavery_ (repr. 1861), p. 43.
~1773, Feb. 26. Pennsylvania: Additional £10 Duty Act.~
"An Act for making perpetual the act ... [of 1761] ... and laying an
additional duty on the said slaves." Dallas, _Laws_, I. 671; _Acts of
Assembly_ (ed. 1782), p. 149.
~1774, March, June. Massachusetts: Bills to Prohibit Importation.~
Two bills designed to prohibit the importation of slaves fail of the
governor's assent. First bill: _General Court Records_, XXX. 248, 264;
_Mass. Archives, Domestic Relations, 1643-1774_, IX. 457. Second bill:
_General Court Records_, XXX. 308, 322.
~1774, June. Rhode Island: Importation Restricted.~
"An Act prohibiting the importation of Negroes into this Colony."
"Whereas, the inhabitants of America are generally engaged in the
preservation of their own rights and liberties, among which, that of
personal freedom must be considered as the greatest; as those who are
desirous of enjoying all the advantages of liberty themselves, should be
willing to extend personal liberty to others;--
"Therefore, be it enacted ... that for the future, no negro or mulatto
slave shall be brought into this colony; and in case any slave shall
hereafter be brought in, he or she shall be, and are hereby, rendered
immediately free, so far as respects personal freedom, and the enjoyment
of private property, in the same manner as the native Indians."
"Provided that the slaves of settlers and travellers be excepted.
"Provided, also, that nothing in this act shall extend, or be deemed to
extend, to any negro or mulatto slave brought from the coast of Africa,
into the West Indies, on board any vessel belonging to this colony, and
which negro or mulatto slave could not be disposed of in the West
Indies, but shall be brought into this colony.
"Provided, that the owner of such negro or mulatto slave give bond to
the general treasurer of the said colony, within ten days after such
arrival in the sum of £100, lawful money, for each and every such negro
or mulatto slave so brought in, that such negro or mulatto slave shall
be exported out of the colony, within one year from the date of such
bond; if such negro or mulatto be alive, and in a condition to be
removed."
"Provided, also, that nothing in this act shall extend, or be deemed to
extend, to any negro or mulatto slave that may be on board any vessel
belonging to this colony, now at sea, in her present voyage." Heavy
penalties are laid for bringing in Negroes in order to free them.
_Colonial Records_, VII. 251-3.
[1784, February: "It is voted and resolved, that the whole of the clause
contained in an act of this Assembly, passed at June session,
A.D. 1774, permitting slaves brought from the coast of Africa
into the West Indies, on board any vessel belonging to this (then
colony, now) state, and who could not be disposed of in the West Indies,
&c., be, and the same is, hereby repealed." _Colonial Records_, X. 8.]
~1774, October. Connecticut: Importation Prohibited.~
"An Act for prohibiting the Importation of Indian, Negro or Molatto
Slaves."
" ... no indian, negro or molatto Slave shall at any time hereafter be
brought or imported into this Colony, by sea or land, from any place or
places whatsoever, to be disposed of, left or sold within this Colony."
This was re-enacted in the revision of 1784, and slaves born after 1784
were ordered to be emancipated at the age of twenty-five. _Colonial
Records_, XIV. 329; _Acts and Laws of Connecticut_ (ed. 1784), pp.
233-4.
~1774. New Jersey: Proposed Prohibitive Duty.~
"A Bill for laying a Duty on Indian, Negroe and Molatto Slaves, imported
into this Colony." Passed the Assembly, and was rejected by the Council
as "plainly" intending "an intire Prohibition," etc. _N.J. Archives_,
1st Series, VI. 222.
~1775, March 27. Delaware: Bill to Prohibit Importation.~
Passed the Assembly and was vetoed by the governor. Force, _American
Archives_, 4th Series, II. 128-9.
~1775, Nov. 23. Virginia: On Lord Dunmore's Proclamation.~
Williamsburg Convention to the public: "Our Assemblies have repeatedly
passed acts, laying heavy duties upon imported Negroes, by which they
meant altogether to prevent the horrid traffick; but their humane
intentions have been as often frustrated by the cruelty and covetousness
of a set of _English_ merchants." ... The Americans would, if possible,
"not only prevent any more Negroes from losing their freedom, but
restore it to such as have already unhappily lost it." This is evidently
addressed in part to Negroes, to keep them from joining the British.
_Ibid._, III. 1387.
~1776, June 29. Virginia: Preamble to Frame of Government.~
Blame for the slave-trade thrown on the king. See above, page 21.
Hening, _Statutes_, IX. 112-3.
~1776, Aug.-Sept. Delaware: Constitution.~
"The Constitution or system of Government agreed to and resolved upon by
the Representatives in full Convention of the Delaware State," etc.
§ 26. "No person hereafter imported into this State from _Africa_ ought
to be held in slavery on any pretence whatever; and no Negro, Indian, or
Mulatto slave ought to be brought into this State, for sale, from any
part of the world." Force, _American Archives_, 5th Series, I. 1174-9.
~1777, July 2. Vermont: Slavery Condemned.~
The first Constitution declares slavery a violation of "natural,
inherent and unalienable rights." _Vermont State Papers, 1779-86_, p.
244.
~1777. Maryland: Negro Duty Maintained.~
"An Act concerning duties."
" ... no duties imposed by act of assembly on any article or thing
imported into or exported out of this state (except duties imposed on
the importation of negroes), shall be taken or received within two years
from the end of the present session of the general assembly." _Laws of
Maryland since 1763_: 1777, sess. Feb.-Apr., ch. xviii.
~1778, Sept. 7. Pennsylvania: Act to Collect Back Duties.~
"An Act for the recovery of the duties on Negroes and Mulattoe slaves,
which on the fourth day of July, one thousand seven hundred and
seventy-six, were due to this state," etc. Dallas, _Laws_, I. 782.
~1778, October. Virginia: Importation Prohibited.~
"An act for preventing the farther importation of Slaves.
§ 1. "For preventing the farther importation of slaves into this
commonwealth, _Be it enacted by the General Assembly_, That from and
after the passing of this act no slave or slaves shall hereafter be
imported into this commonwealth by sea or land, nor shall any slaves so
imported be sold or bought by any person whatsoever.
§ 2. "Every person hereafter importing slaves into this commonwealth
contrary to this act shall forfeit and pay the sum of one thousand
pounds for every slave so imported, and every person selling or buying
any such slaves shall in like manner forfeit and pay the sum of five
hundred pounds for every slave so sold or bought," etc.
§ 3. "_And be it farther enacted_, That every slave imported into this
commonwealth, contrary to the true intent and meaning of this act,
shall, upon such importation become free."
§ 4. Exceptions are _bona fide_ settlers with slaves not imported later
than Nov. 1, 1778, nor intended to be sold; and transient travellers.
Re-enacted in substance in the revision of October, 1785. For a
temporary exception to this act, as concerns citizens of Georgia and
South Carolina during the war, see Act of May, 1780. Hening, _Statutes_,
IX. 471; X. 307; XII. 182.
~1779, October. Rhode Island: Slave-Trade Restricted.~
"An Act prohibiting slaves being sold out of the state, against their
consent." Title only found. _Colonial Records_, VIII. 618; Arnold,
_History of Rhode Island_, II. 449.
~1779. Vermont: Importation Prohibited.~
"An Act for securing the general privileges of the people," etc. The act
abolished slavery. _Vermont State Papers, 1779-86_, p. 287.
~1780. Massachusetts: Slavery Abolished.~
Passage in the Constitution which was held by the courts to abolish
slavery: "Art. I. All men are born free and equal, and have certain,
natural, essential, and unalienable rights; among which may be reckoned
the right of enjoying and defending their lives and liberties," etc.
_Constitution of Massachusetts_, Part I., Art. 1; prefixed to _Perpetual
Laws_ (1789).
~1780, March 1. Pennsylvania: Slavery Abolished.~
"An Act for the gradual abolition of slavery."
§ 5. All slaves to be registered before Nov. 1.
§ 10. None but slaves "registered as aforesaid, shall, at any time
hereafter, be deemed, adjudged, or holden, within the territories of
this commonwealth, as slaves or servants for life, but as free men and
free women; except the domestic slaves attending upon Delegates in
Congress from the other American States," and those of travellers not
remaining over six months, foreign ministers, etc., "provided such
domestic slaves be not aliened or sold to any inhabitant," etc.
§ 11. Fugitive slaves from other states may be taken back.
§ 14. Former duty acts, etc., repealed. Dallas, _Laws_, I. 838. Cf.
_Penn. Archives_, VII. 79; VIII. 720.
~1783, April. Confederation: Slave-Trade in Treaty of 1783.~
"To the earnest wish of Jay that British ships should have no right
under the convention to carry into the states any slaves from any part
of the world, it being the intention of the United States entirely to
prohibit their importation, Fox answered promptly: 'If that be their
policy, it never can be competent to us to dispute with them their own
regulations.'" Fox to Hartley, June 10, 1783, in Bancroft, _History of
the Constitution_, I. 61. Cf. Sparks, _Diplomatic Correspondence_, X.
154, June, 1783.
~1783. Maryland: Importation Prohibited.~
"An Act to prohibit the bringing slaves into this state."
" ... it shall not be lawful, after the passing this act, to import or
bring into this state, by land or water, any negro, mulatto, or other
slave, for sale, or to reside within this state; and any person brought
into this state as a slave contrary to this act, if a slave before,
shall thereupon immediately cease to be a slave, and shall be free;
provided that this act shall not prohibit any person, being a citizen of
some one of the United States, coming into this state, with a _bona
fide_ intention of settling therein, and who shall actually reside
within this state for one year at least, ... to import or bring in any
slave or slaves which before belonged to such person, and which slave or
slaves had been an inhabitant of some one of the United States, for the
space of three whole years next preceding such importation," etc. _Laws
of Maryland since 1763_: 1783, sess. April--June, ch. xxiii.
~1783, Aug. 13. South Carolina: £3 and £20 Duty Act.~
"An Act for levying and collecting certain duties and imposts therein
mentioned, in aid of the public revenue." Cooper, _Statutes_, IV. 576.
~1784, February. Rhode Island: Manumission.~
"An Act authorizing the manumission of negroes, mulattoes, and others,
and for the gradual abolition of slavery." Persons born after March,
1784, to be free. Bill framed pursuant to a petition of Quakers.
_Colonial Records_, X. 7-8; Arnold, _History of Rhode Island_, II. 503.
~1784, March 26. South Carolina: £3 and £5 Duty Act.~
"An Act for levying and collecting certain Duties," etc. Cooper,
_Statutes_, IV. 607.
~1785, April 12. New York: Partial Prohibition.~
"An Act granting a bounty on hemp to be raised within this State, and
imposing an additional duty on sundry articles of merchandise, and for
other purposes therein mentioned."
" ... _And be it further enacted by the authority aforesaid_, That if
any negro or other person to be imported or brought into this State from
any of the United States or from any other place or country after the
first day of June next, shall be sold as a slave or slaves within this
State, the seller or his or her factor or agent, shall be deemed guilty
of a public offence, and shall for every such offence forfeit the sum of
one hundred pounds lawful money of New York, to be recovered by any
person," etc.
"_And be it further enacted_ ... That every such person imported or
brought into this State and sold contrary to the true intent and meaning
of this act shall be freed." _Laws of New York, 1785-88_ (ed. 1886), pp.
120-21.
~1785. Rhode Island: Restrictive Measure (?).~
Title and text not found. Cf. _Public Laws of Rhode Island_ (revision of
1822), p. 441.
~1786, March 2. New Jersey: Importation Prohibited.~
"An Act to prevent the importation of Slaves into the State of New
Jersey, and to authorize the Manumission of them under certain
restrictions, and to prevent the Abuse of Slaves."
"Whereas the Principles of Justice and Humanity require that the
barbarous Custom of bringing the unoffending African from his native
Country and Connections into a State of Slavery ought to be
discountenanced, and as soon as possible prevented; and sound Policy
also requires, in order to afford ample Support to such of the Community
as depend upon their Labour for their daily Subsistence, that the
Importation of Slaves into this State from any other State or Country
whatsoever, ought to be prohibited under certain Restrictions; and that
such as are under Servitude in the State ought to be protected by Law
from those Exercises of Wanton Cruelty too often practiced upon them;
and that every unnecessary Obstruction in the Way of freeing Slaves
should be removed; therefore,
§ 1. "_Be it Enacted by the Council and General Assembly of this State,
and it is hereby Enacted by the Authority of the same_, That from and
after the Publication of this Act, it shall not be lawful for any Person
or Persons whatsoever to bring into this State, either for Sale or for
Servitude, any Negro Slave brought from Africa since the Year Seventeen
Hundred and Seventy-six; and every Person offending by bringing into
this State any such Negro Slave shall, for each Slave, forfeit and Pay
the Sum of Fifty Pounds, to be sued for and recovered with Costs by the
Collector of the Township into which such Slave shall be brought, to be
applied when recovered to the Use of the State.
§ 2. "_And be it further Enacted by the Authority aforesaid_, That if
any Person shall either bring or procure to be brought into this State,
any Negro or Mulatto Slave, who shall not have been born in or brought
from Africa since the Year above mentioned, and either sell or buy, or
cause such Negro or Mulatto Slave to be sold or remain in this State,
for the Space of six Months, every such Person so bringing or procuring
to be brought or selling or purchasing such Slave, not born in or
brought from Africa since the Year aforesaid, shall for every such
Slave, forfeit and pay the Sum of Twenty Pounds, to be sued for and
recovered with Costs by the Collector of the Township into which such
Slave shall be brought or remain after the Time limited for that
Purpose, the Forfeiture to be applied to the Use of the State as
aforesaid.
§ 3. "_Provided always, and be it further Enacted by the Authority
aforesaid_, That Nothing in this Act contained shall be construed to
prevent any Person who shall remove into the State, to take a settled
Residence here, from bringing all his or her Slaves without incurring
the Penalties aforesaid, excepting such Slaves as shall have been
brought from Africa since the Year first above mentioned, or to prevent
any Foreigners or others having only a temporary Residence in this
State, for the Purpose of transacting any particular Business, or on
their Travels, from bringing and employing such Slaves as Servants,
during the Time of his or her Stay here, provided such Slaves shall not
be sold or disposed of in this State." _Acts of the Tenth General
Assembly_ (Tower Collection of Laws).
~1786, Oct. 30. Vermont: External Trade Prohibited.~
"An act to prevent the sale and transportation of Negroes and Molattoes
out of this State." £100 penalty. _Statutes of Vermont_ (ed. 1787), p.
105.
~1786. North Carolina: Prohibitive Duty.~
"An act to impose a duty on all slaves brought into this state by land
or water."
"Whereas the importation of slaves into this state is productive of evil
consequences, and highly impolitic," etc. A prohibitive duty is imposed.
The exact text was not found.
§ 6. Slaves introduced from States which have passed emancipation acts
are to be returned in three months; if not, a bond of £50 is to be
forfeited, and a fine of £100 imposed.
§ 8. Act to take effect next Feb. 1; repealed by Act of 1790, ch. 18.
Martin, _Iredell's Acts of Assembly_, I. 413, 492.
~1787, Feb. 3. Delaware: Exportation Prohibited.~
"An Act to prevent the exportation of slaves, and for other purposes."
_Laws of Delaware_ (ed. 1797), p. 884, ch. 145 b.
~1787, March 28. South Carolina: Total Prohibition.~
"An Act to regulate the recovery and payment of debts and for
prohibiting the importation of negroes for the time therein mentioned."
Title only given. Grimké, _Public Laws_, p. lxviii, No. 1485.
~1787, March 28. South Carolina: Importation Prohibited.~
"An Ordinance to impose a Penalty on any person who shall import into
this State any Negroes, contrary to the Instalment Act."
1. "_Be it ordained_, by the honorable the Senate and House of
Representatives, met in General Assembly, and by the authority of the
same, That any person importing or bringing into this State a negro
slave, contrary to the Act to regulate the recovery of debts and
prohibiting the importation of negroes, shall, besides the forfeiture of
such negro or slave, be liable to a penalty of one hundred pounds, to
the use of the State, for every such negro or slave so imported and
brought in, in addition to the forfeiture in and by the said Act
prescribed." Cooper, _Statutes_, VII. 430.
~1787, October. Rhode Island: Importation Prohibited.~
"An act to prevent the slave trade and to encourage the abolition of
slavery." This act prohibited and censured trade under penalty of £100
for each person and £1,000 for each vessel. Bartlett, _Index to the
Printed Acts and Resolves_, p. 333; _Narragansett Historical Register_,
II. 298-9.
* * * * *
APPENDIX B.
A CHRONOLOGICAL CONSPECTUS OF STATE, NATIONAL, AND INTERNATIONAL
LEGISLATION.
1788-1871.
As the State statutes and Congressional reports and bills are
difficult to find, the significant parts of such documents are
printed in full. In the case of national statutes and treaties,
the texts may easily be found through the references.
~1788, Feb. 22. New York: Slave-Trade Prohibited.~
"An Act concerning slaves."
"Whereas in consequence of the act directing a revision of the laws of
this State, it is expedient that the several existing laws relative to
slaves, should be revised, and comprized in one. Therefore, _Be it
enacted_," etc.
"And to prevent the further importation of slaves into this State, _Be
it further enacted by the authority aforesaid_, That if any person shall
sell as a slave within this State any negro, or other person, who has
been imported or brought into this State, after" June 1, 1785, "such
seller, or his or her factor or agent, making such sale, shall be deemed
guilty of a public offence, and shall for every such offence, forfeit
the sum of one hundred pounds.... _And further_, That every person so
imported ... shall be free." The purchase of slaves for removal to
another State is prohibited under penalty of £100. _Laws of New York,
1785-88_ (ed. 1886), pp. 675-6.
~1788, March 25. Massachusetts: Slave-Trade Prohibited.~
"An Act to prevent the Slave-Trade, and for granting Relief to the
Families of such unhappy Persons as may be kidnapped or decoyed away
from this Commonwealth."
"Whereas by the African trade for slaves, the lives and liberties of
many innocent persons have been from time to time sacrificed to the lust
of gain: And whereas some persons residing in this Commonwealth may be
so regardless of the rights of human kind, as to be concerned in that
unrighteous commerce:
§ 1. "Be it therefore enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same, That no
citizen of this Commonwealth, or other person residing within the same,
shall for himself, or any other person whatsoever, either as master,
factor, supercargo, owner or hirer, in whole or in part, of any vessel,
directly or indirectly, import or transport, or buy or sell, or receive
on board, his or their vessel, with intent to cause to be imported or
transported, any of the inhabitants of any State or Kingdom, in that
part of the world called _Africa_, as slaves, or as servants for term of
years." Any person convicted of doing this shall forfeit and pay the sum
of £50 for every person received on board, and the sum of £200 for every
vessel fitted out for the trade, "to be recovered by action of debt, in
any Court within this Commonwealth, proper to try the same; the one
moiety thereof to the use of this Commonwealth, and the other moiety to
the person who shall prosecute for and recover the same."
§ 2. All insurance on said vessels and cargo shall be null and void;
"and this act may be given in evidence under the general issue, in any
suit or action commenced for the recovery of insurance so made," etc.
§ 4. "_Provided_ ... That this act do not extend to vessels which have
already sailed, their owners, factors, or commanders, for and during
their present voyage, or to any insurance that shall have been made,
previous to the passing of the same." _Perpetual Laws of Massachusetts,
1780-89_ (ed. 1789), p. 235.
~1788, March 29. Pennsylvania: Slave-Trade Prohibited.~
"An Act to explain and amend an act, entituled, 'An Act for the gradual
abolition of slavery.'"
§ 2. Slaves brought in by persons intending to settle shall be free.
§ 3. " ... no negro or mulatto slave, or servant for term of years,"
except servants of congressmen, consuls, etc., "shall be removed out of
this state, with the design and intention that the place of abode or
residence of such slave or servant shall be thereby altered or changed,
or with the design and intention that such slave or servant, if a
female, and pregnant, shall be detained and kept out of this state till
her delivery of the child of which she is or shall be pregnant, or with
the design and intention that such slave or servant shall be brought
again into this state, after the expiration of six months from the time
of such slave or servant having been first brought into this state,
without his or her consent, if of full age, testified upon a private
examination, before two Justices of the peace of the city or county in
which he or she shall reside, or, being under the age of twenty-one
years, without his or her consent, testified in manner aforesaid, and
also without the consent of his or her parents," etc. Penalty for every
such offence, £75.
§ 5. " ... if any person or persons shall build, fit, equip, man, or
otherwise prepare any ship or vessel, within any port of this state, or
shall cause any ship or other vessel to sail from any port of this
state, for the purpose of carrying on a trade or traffic in slaves, to,
from, or between Europe, Asia, Africa or America, or any places or
countries whatever, or of transporting slaves to or from one port or
place to another, in any part or parts of the world, such ship or
vessel, her tackle, furniture, apparel, and other appurtenances, shall
be forfeited to the commonwealth.... And, moreover, all and every person
and persons so building, fitting out," etc., shall forfeit £1000.
Dallas, _Laws_, II. 586.
~1788, October. Connecticut: Slave-Trade Prohibited.~
"An Act to prevent the Slave-Trade."
_"Be it enacted by the Governor, Council and Representatives in General
Court assembled, and by the Authority of the same_, That no Citizen or
Inhabitant of this State, shall for himself, or any other Person, either
as Master, Factor, Supercargo, Owner or Hirer, in Whole, or in Part, of
any Vessel, directly or indirectly, import or transport, or buy or sell,
or receive on board his or her Vessel, with Intent to cause to be
imported or transported, any of the Inhabitants of any Country in
Africa, as Slaves or Servants, for Term of Years; upon Penalty of _Fifty
Pounds_, for every Person so received on board, as aforesaid; and of
_Five Hundred Pounds_ for every such Vessel employed in the Importation
or Transportation aforesaid; to be recovered by Action, Bill, Plaint or
Information; the one Half to the Plaintiff, and the other Half to the
Use of this State." And all insurance on vessels and slaves shall be
void. This act to be given as evidence under general issue, in any suit
commenced for recovery of such insurance.
" ... if any Person shall kidnap ... any free Negro," etc., inhabitant
of this State, he shall forfeit £100. Every vessel clearing for the
coast of Africa or any other part of the world, and suspected to be in
the slave-trade, must give bond in £1000. Slightly amended in 1789.
_Acts and Laws of Connecticut_ (ed. 1784), pp. 368-9, 388.
~1788, Nov. 4. South Carolina: Temporary Prohibition.~
"An Act to regulate the Payment and Recovery of Debts, and to prohibit
the Importation of Negroes, for the Time therein limited."
§ 16. "No negro or other slave shall be imported or brought into this
State either by land or water on or before the first of January, 1793,
under the penalty of forfeiting every such slave or slaves to any person
who will sue or inform for the same; and under further penalty of
paying £100 to the use of the State for every such negro or slave so
imported or brought in: _Provided_, That nothing in this prohibition
contained shall extend to such slaves as are now the property of
citizens of the United States, and at the time of passing this act shall
be within the limits of the said United States.
§ 17. "All former instalment laws, and an ordinance imposing a penalty
on persons importing negroes into this State, passed the 28th day of
March 1787, are hereby repealed." Grimké, _Public Laws_, p. 466.
~1789, Feb. 3. Delaware: Slave-Trade Prohibited.~
"_An additional Supplementary_ ACT _to an act, intituled_, An act to
prevent the exportation of slaves, and for other purposes."
"Whereas it is inconsistent with that spirit of general liberty which
pervades the constitution of this state, that vessels should be fitted
out, or equipped, in any of the ports thereof, for the purpose of
receiving and transporting the natives of Africa to places where they
are held in slavery; or that any acts should be deemed lawful, which
tend to encourage or promote such iniquitous traffic among us:
§ 1. "_Be it therefore enacted by the General Assembly of Delaware_,
That if any owner or owners, master, agent, or factor, shall fit out,
equip, man, or otherwise prepare, any ship or vessel within any port or
place in this state, or shall cause any ship, or other vessel, to sail
from any port or place in this state, for the purpose of carrying on a
trade or traffic in slaves, to, from, or between, Europe, Asia, Africa,
or America, or any places or countries whatever, or of transporting
slaves to, or from, one port or place to another, in any part or parts
of the world; such ship or vessel, her tackle, furniture, apparel, and
other appurtenances, shall be forfeited to this state.... And moreover,
all and every person and persons so fitting out ... any ship or vessel
... shall severally forfeit and pay the sum of Five Hundred Pounds;"
one-half to the state, and one-half to the informer.
§ 2. "_And whereas_ it has been found by experience, that the act,
intituled, _An act to prevent the exportation of slaves, and for other
purposes_, has not produced all the good effects expected therefrom,"
any one exporting a slave to Maryland, Virginia, North Carolina, South
Carolina, Georgia, or the West Indies, without license, shall forfeit
£100 for each slave exported and £20 for each attempt.
§ 3. Slaves to be tried by jury for capital offences. _Laws of Delaware_
(ed. 1797), p. 942, ch. 194 b.
~1789, May 13. Congress (House): Proposed Duty on Slaves Imported.~
A tax of $10 per head on slaves imported, moved by Parker of Virginia.
After debate, withdrawn. _Annals of Cong._, 1 Cong. 1 sess. pp. 336-42.
~1789, Sept. 19. Congress (House): Bill to Tax Slaves Imported.~
A committee under Parker of Virginia reports, "a bill concerning the
importation of certain persons prior to the year 1808." Read once and
postponed until next session. _House Journal_ (repr. 1826), 1 Cong. 1
sess. I. 37, 114; _Annals of Cong._, 1 Cong. 1 sess., pp. 366, 903.
~1790, March 22. Congress (House): Declaration of Powers.~
See above, pages 82-83.
~1790, March 22. New York: Amendment of Act of 1788.~
"An Act to amend the act entitled 'An act concerning slaves.'"
"Whereas many inconveniences have arisen from the prohibiting the
exporting of slaves from this State. Therefore
"_Be it enacted_ ..., That where any slave shall hereafter be convicted
of a crime under the degree of a capital offence, in the supreme court,
or the court of oyer and terminer, and general gaol delivery, or a court
of general sessions of the peace within this State, it shall and may be
lawful to and for the master or mistress to cause such slave to be
transported out of this State," etc. _Laws of New York, 1789-96_ (ed.
1886), p. 151.
~1792, May. Connecticut: Act of 1788 Strengthened.~
"An Act in addition to an Act, entitled 'An Act to prevent the Slave
Trade.'"
This provided that persons directly or indirectly aiding or assisting in
slave-trading should be fined £100. All notes, bonds, mortgages, etc.,
of any kind, made or executed in payment for any slave imported contrary
to this act, are declared null and void. Persons removing from the State
might carry away their slaves. _Acts and Laws of Connecticut_ (ed.
1784), pp. 412-3.
~1792, Dec. 17. Virginia: Revision of Acts.~
"An Act to reduce into one, the several acts concerning slaves, free
negroes, and mulattoes."
§ 1. "_Be it enacted_ ..., That no persons shall henceforth be slaves
within this commonwealth, except such as were so on the seventeenth day
of October," 1785, "and the descendants of the females of them."
§ 2. "Slaves which shall hereafter be brought into this commonwealth,
and kept therein one whole year together, or so long at different times
as shall amount to one year, shall be free."
§ 4. "_Provided_, That nothing in this act contained, shall be construed
to extend to those who may incline to remove from any of the United
States and become citizens of this, if within sixty days after such
removal, he or she shall take the following oath before some justice of
the peace of this commonwealth: '_I, A.B., do swear, that my removal
into the state of Virginia, was with no intent of evading the laws for
preventing the further importation of slaves, nor have I brought with me
any slaves, with an intention of selling them, nor have any of the
slaves which I have brought with me, been imported from Africa, or any
of the West India islands, since the first day of November_,'" 1778,
etc.
§ 53. This act to be in force immediately. _Statutes at Large of
Virginia, New Series_, I. 122.
~1792, Dec. 21. South Carolina: Importation Prohibited until 1795.~
"An Act to prohibit the importation of Slaves from Africa, or other
places beyond sea, into this State, for two years; and also to prohibit
the importation or bringing in Slaves, or Negroes, Mulattoes, Indians,
Moors or Mestizoes, bound for a term of years, from any of the United
States, by land or by water."
"Whereas, it is deemed inexpedient to increase the number of slaves
within this State, in our present circumstances and situation;
§ 1. "_Be it therefore enacted_ ..., That no slave shall be imported
into this State from Africa, the West India Islands, or other place
beyond sea, for and during the term of two years, commencing from the
first day of January next, which will be in the year of our Lord one
thousand seven hundred and ninety-three."
§ 2. No slaves, Negroes, Indians, etc., bound for a term of years, to be
brought in from any of the United States or bordering countries.
Settlers may bring their slaves. Cooper, _Statutes_, VII. 431.
~1793, Dec. 19. Georgia: Importation Prohibited.~
"An act to prevent the importation of negroes into this state from the
places herein mentioned." Title only. Re-enacted (?) by the Constitution
of 1798. Marbury and Crawford, _Digest_, p. 442; Prince, _Digest_, p.
786.
~1794, North Carolina: Importation Prohibited.~
"An act to prevent the further importation and bringing of slaves and
indented servants of colour into this state."
§ 1. "_Be it enacted_ ..., That from and after the first day of May
next, no slave or indented servant of colour shall be imported or
brought into this state by land or water; nor shall any slave or
indented servant of colour, who may be imported or brought contrary to
the intent and meaning of this act, be bought, sold or hired by any
person whatever."
§ 2. Penalty for importing, £100 per slave; for buying or selling, the
same.
§ 4. Persons removing, travelling, etc., are excepted. The act was
amended slightly in 1796. Martin, _Iredell's Acts of Assembly_, II. 53,
94.
~1794, March 22. United States Statute: Export Slave-Trade Forbidden.~
"An Act to prohibit the carrying on the Slave Trade from the United
States to any foreign place or country." _Statutes at Large_, I. 347.
For proceedings in Congress, see _Senate Journal_ (repr. 1820), 3 Cong.
1 sess. II. 51; _House Journal_ (repr. 1826), 3 Cong. 1 sess. II. 76,
84, 85, 96, 98, 99, 100; _Annals of Cong._, 3 Cong. 1 sess. pp. 64, 70,
72.
~1794, Dec. 20. South Carolina: Act of 1792 Extended.~
"An Act to revive and extend an Act entitled 'An Act to prohibit the
importation of Slaves from Africa, or other places beyond Sea, into this
State, for two years; and also, to prohibit the importation or bringing
in of Negro Slaves, Mulattoes, Indians, Moors or Mestizoes, bound for a
term of years, from any of the United States, by Land or Water.'"
§ 1. Act of 1792 extended until Jan. 1, 1797.
§ 2. It shall not be lawful hereafter to import slaves, free Negroes,
etc., from the West Indies, any part of America outside the United
States, "or from other parts beyond sea." Such slaves are to be
forfeited and sold; the importer to be fined £50; free Negroes to be
re-transported. Cooper, _Statutes_, VII. 433.
~1795. North Carolina: Act against West Indian Slaves.~
"An act to prevent any person who may emigrate from any of the West
India or Bahama islands, or the French, Dutch or Spanish settlements on
the southern coast of America, from bringing slaves into this state, and
also for imposing certain restrictions on free persons of colour who
may hereafter come into this state." Penalty, £100 for each slave over
15 years of age. _Laws of North Carolina_ (revision of 1819), I. 786.
~1796. Maryland: Importation Prohibited.~
"An Act relating to Negroes, and to repeal the acts of assembly therein
mentioned."
"_Be it enacted_ ..., That it shall not be lawful, from and after the
passing of this act, to import or bring into this state, by land or
water, any negro, mulatto or other slave, for sale, or to reside within
this state; and any person brought into this state as a slave contrary
to this act, if a slave before, shall thereupon immediately cease to be
the property of the person or persons so importing or bringing such
slave within this state, and shall be free."
§ 2. Any citizen of the United States, coming into the State to take up
_bona fide_ residence, may bring with him, or within one year import,
any slave which was his property at the time of removal, "which slaves,
or the mother of which slaves, shall have been a resident of the United
States, or some one of them, three whole years next preceding such
removal."
§ 3. Such slaves cannot be sold within three years, except by will, etc.
In 1797, "A Supplementary Act," etc., slightly amended the preceding,
allowing guardians, executors, etc., to import the slaves of the estate.
Dorsey, _Laws_, I. 334, 344.
~1796, Dec. 19. South Carolina: Importation Prohibited until 1799.~
"An Act to prohibit the importation of Negroes, until the first day of
January, one thousand seven hundred and ninety-nine."
"Whereas, it appears to be highly impolitic to import negroes from
Africa, or other places beyond seas," etc. Extended by acts of Dec. 21,
1798, and Dec. 20, 1800, until Jan. 1, 1803. Cooper, _Statutes_, VII.
434, 436.
~1797, Jan. 18. Delaware: Codification of Acts.~
"An Act concerning Negro and Mulatto slaves."
§ 5. " ... any Negro or Mulatto slave, who hath been or shall be brought
into this state contrary to the intent and meaning of [the act of 1787];
and any Negro or Mulatto slave who hath been or shall be exported, or
sold with an intention for exportation, or carried out for sale from
this state, contrary to the intent and meaning of [the act of 1793],
shall be, and are hereby declared free; any thing in this act to the
contrary notwithstanding." _Laws of Delaware_ (ed. 1797), p. 1321, ch.
124 c.
~1798, Jan. 31. Georgia: Importation Prohibited.~
"An act to prohibit the further importation of slaves into this state."
§ 1. " ... six months after the passing of this act, it shall be
unlawful for any person or persons to import into this state, from
Africa or elsewhere, any negro or negroes of any age or sex." Every
person so offending shall forfeit for the first offence the sum of
$1,000 for every negro so imported, and for every subsequent offence the
sum of $1,000, one half for the use of the informer, and one half for
the use of the State.
§ 2. Slaves not to be brought from other States for sale after three
months.
§ 3. Persons convicted of bringing slaves into this State with a view to
sell them, are subject to the same penalties as if they had sold them.
Marbury and Crawford, _Digest_, p. 440.
~1798, March 14. New Jersey: Slave-Trade Prohibited.~
"An Act respecting slaves."
§ 12. "_And be it enacted_, That from and after the passing of this act,
it shall not be lawful for any person or persons whatsoever, to bring
into this state, either for sale or for servitude, any negro or other
slave whatsoever." Penalty, $140 for each slave; travellers and
temporary residents excepted.
§ 17. Any persons fitting out vessels for the slave-trade shall forfeit
them. Paterson, _Digest_, p. 307.
~1798, April 7. United States Statute: Importation into Mississippi
Territory Prohibited.~
"An Act for an amicable settlement of limits with the state of Georgia,
and authorizing the establishment of a government in the Mississippi
territory." _Statutes at Large_, I. 549. For proceedings in Congress,
see _Annals of Cong._, 5 Cong. 2 sess. pp. 511, 512, 513, 514, 515, 532,
533, 1235, 1249, 1277-84, 1296, 1298-1312, 1313, 1318.
~1798, May 30. Georgia: Constitutional Prohibition.~
Constitution of Georgia:--
Art. IV § 11. "There shall be no future importation of slaves into this
state from Africa, or any foreign place, after the first day of October
next. The legislature shall have no power to pass laws for the
emancipation of slaves, without the consent of each of their respective
owners previous to such emancipation. They shall have no power to
prevent emigrants, from either of the United States to this state, from
bringing with them such persons as may be deemed slaves, by the laws of
any one of the United States." Marbury and Crawford, _Digest_, p. 30.
~1800, May 10. United States Statute: Americans Forbidden to Trade from
one Foreign Country to Another.~
"An Act in addition to the act intituled 'An act to prohibit the
carrying on the Slave Trade from the United States to any foreign place
or country.'" _Statutes at Large_, II. 70. For proceedings in Congress,
see _Senate Journal_ (repr. 1821), 6 Cong. 1 sess. III. 72, 77, 88, 92.
~1800, Dec. 20. South Carolina: Slaves and Free Negroes Prohibited.~
"An Act to prevent Negro Slaves and other persons of Colour, from being
brought into or entering this State." Supplemented Dec. 19, 1801, and
amended Dec. 18, 1802. Cooper, _Statutes_, VII. 436, 444, 447.
~1801, April 8. New York: Slave-Trade Prohibited.~
"An Act concerning slaves and servants."
" ... _And be it further enacted_, That no slave shall hereafter be
imported or brought into this State, unless the person importing or
bringing such slave shall be coming into this State with intent to
reside permanently therein and shall have resided without this State,
and also have owned such slave at least during one year next preceding
the importing or bringing in of such slave," etc. A certificate, sworn
to, must be obtained; any violation of this act or neglect to take out
such certificate will result in freedom to the slave. Any sale or
limited transfer of any person hereafter imported to be a public
offence, under penalty of $250, and freedom to the slave transferred.
The export of slaves or of any person freed by this act is forbidden,
under penalty of $250 and freedom to the slave. Transportation for crime
is permitted. Re-enacted with amendments March 31, 1817. _Laws of New
York, 1801_ (ed. 1887), pp. 547-52; _Laws of New York, 1817_ (ed. 1817),
p. 136.
~1803, Feb. 28. United States Statute: Importation into States
Prohibiting Forbidden.~
"An Act to prevent the importation of certain persons into certain
states, where, by the laws thereof, their admission is prohibited."
_Statutes at Large_, II. 205. For copy of the proposed bill which this
replaced, see _Annals of Cong._, 7 Cong. 2 sess. p. 467. For proceedings
in Congress, see _House Journal_ (repr. 1826), 7 Cong. 2 sess. IV 304,
324, 347; _Senate Journal_ (repr. 1821), 7 Cong. 2 sess. III. 267, 268,
269-70, 273, 275, 276, 279.
~1803, Dec. 17. South Carolina: African Slaves Admitted.~
"An Act to alter and amend the several Acts respecting the importation
or bringing into this State, from beyond seas, or elsewhere, Negroes and
other persons of colour; and for other purposes therein mentioned."
§ 1. Acts of 1792, 1794, 1796, 1798, 1800, 1802, hereby repealed.
§ 2. Importation of Negroes from the West Indies prohibited.
§ 3. No Negro over fifteen years of age to be imported from the United
States except under certificate of good character.
§ 5. Negroes illegally imported to be forfeited and sold, etc. Cooper,
_Statutes_, VII. 449.
~1804.~ [~Denmark.~
Act of 1792 abolishing the slave-trade goes into effect.]
~1804, Feb. 14. Congress (House): Proposed Censure of South Carolina.~
Representative Moore of South Carolina offered the following resolution,
as a substitute to Mr. Bard's taxing proposition of Jan. 6:--
"_Resolved_, That this House receive with painful sensibility
information that one of the Southern States, by a repeal of certain
prohibitory laws, have permitted a traffic unjust in its nature, and
highly impolitic in free Governments." Ruled out of order by the
chairman of the Committee of the Whole. _Annals of Cong._, 8 Cong. 1
sess. p. 1004.
~1804, Feb. 15. Congress (House): Proposed Duty.~
"_Resolved_, That a tax of ten dollars be imposed on every slave
imported into any part of the United States."
"_Ordered_, That a bill, or bills, be brought in, pursuant to the said
resolution," etc. Feb. 16 "a bill laying a duty on slaves imported into
the United States" was read, but was never considered. _House Journal_
(repr. 1826), 8 Cong. 1 sess. IV 523, 578, 580, 581-2, 585; _Annals of
Cong._, 8 Cong. 1 sess. pp. 820, 876, 991, 1012, 1020, 1024-36.
~1804, March 26. United States Statute: Slave-Trade Limited.~
"An Act erecting Louisiana into two territories," etc. Acts of 1794 and
1803 extended to Louisiana. _Statutes at Large_, II. 283. For
proceedings in Congress, see _Annals of Cong._, 8 Cong. 1 sess. pp. 106,
211, 223, 231, 233-4, 238, 255, 1038, 1054-68, 1069-79, 1128-30,
1185-9.
~1805, Feb. 15. Massachusetts: Proposed Amendment.~
"_Resolve requesting the Governor to transmit to the Senators and
Representatives in Congress, and the Executives of the several States
this Resolution, as an amendment to the Constitution of the United
States, respecting Slaves._" June 8, Governor's message; Connecticut
answers that it is inexpedient; Maryland opposes the proposition.
_Massachusetts Resolves_, February, 1805, p. 55; June, 1805, p. 18. See
below, March 3, 1805.
~1805, March 2. United States Statute: Slave-Trade to Orleans Territory
Permitted.~
"An Act further providing for the government of the territory of
Orleans."
§ 1. A territorial government erected similar to Mississippi, with same
rights and privileges.
§ 5. 6th Article of Ordinance of 1787, on slaves, not to extend to this
territory.
_Statutes at Large_, II. 322. For proceedings in Congress, see _Annals
of Cong._, 8 Cong. 2 sess. pp. 28, 30, 45-6, 47, 48, 54, 59-61, 69,
727-8, 871-2, 957, 1016-9, 1020-1, 1201, 1209-10, 1211. Cf. _Statutes at
Large_, II. 331; _Annals of Cong._, 8 Cong. 2 sess., pp. 50, 51, 52, 57,
68, 69, 1213, 1215. In _Journals_, see Index, Senate Bills Nos. 8, 11.
~1805, March 3. Congress (House): Massachusetts Proposition to Amend
Constitution.~
Mr. Varnum of Massachusetts presented the resolution of the Legislature
of Massachusetts, "instructing the Senators, and requesting the
Representatives in Congress, from the said State, to take all legal and
necessary steps, to use their utmost exertions, as soon as the same is
practicable, to obtain an amendment to the Federal Constitution, so as
to authorize and empower the Congress of the United States to pass a
law, whenever they may deem it expedient, to prevent the further
importation of slaves from any of the West India Islands, from the coast
of Africa, or elsewhere, into the United States, or any part thereof." A
motion was made that Congress have power to prevent further
importation; it was read and ordered to lie on the table. _House
Journal_ (repr. 1826), 8 Cong. 2 sess. V 171; _Annals of Cong._, 8 Cong.
2 sess. pp. 1221-2. For the original resolution, see _Massachusetts
Resolves_, May, 1802, to March, 1806, Vol. II. A. (State House ed., p.
239.)
~1805, Dec. 17. Congress (Senate): Proposition to Prohibit Importation.~
A "bill to prohibit the importation of certain persons therein described
into any port or place within the jurisdiction of the United States,
from and after" Jan. 1, 1808, was read twice and postponed. _Senate
Journal_ (repr. 1821), 9 Cong. 1 sess. IV. 10-11; _Annals of Cong._, 9
Cong. 1 sess. pp. 20-1.
~1806, Jan. 20. Congress (House): Vermont Proposed Amendment.~
"Mr. Olin, one of the Representatives from the State of Vermont,
presented to the House certain resolutions of the General Assembly of
the said State, proposing an article of amendment to the Constitution of
the United States, to prevent the further importation of slaves, or
people of color, from any of the West India Islands, from the coast of
Africa, or elsewhere, into the United States, or any part thereof; which
were read, and ordered to lie on the table." No further mention found.
_House Journal_ (repr. 1826), 9 Cong. 1 sess. V 238; _Annals of Cong._,
9 Cong. 1 sess. pp. 343-4.
~1806, Jan. 25. Virginia: Imported Slaves to be Sold.~
"An Act to amend the several laws concerning slaves."
§ 5. If the jury before whom the importer is brought "shall find that
the said slave or slaves were brought into this commonwealth, and have
remained therein, contrary to the provisions of this act, the court
shall make an order, directing him, her or them to be delivered to the
overseers of the poor, to be by them sold for cash and applied as herein
directed."
§ 8. Penalty for bringing slaves, $400 per slave; the same for buying
or hiring, knowingly, such a slave.
§ 16. This act to take effect May 1, 1806. _Statutes at Large of
Virginia_, New Series, III. 251.
~1806, Jan. 27. Congress (House): Bill to Tax Slaves Imported.~
"A Bill laying a duty on slaves imported into any of the United States."
Finally dropped. _House Journal_ (repr. 1826), 8 Cong. 2 sess. V. 129;
_Ibid._, 9 Cong. 1 sess. V. 195, 223, 240, 242, 243-4, 248, 260, 262,
264, 276-7, 287, 294, 305, 309, 338; _Annals of Cong._, 9 Cong. 1 sess.
pp. 273, 274, 346, 358, 372, 434, 442-4, 533.
~1806, Feb. 4. Congress (House): Proposition to Prohibit Slave-Trade
after 1807.~
Mr. Bidwell moved that the following section be added to the bill for
taxing slaves imported,--that any ship so engaged be forfeited. The
proposition was rejected, yeas, 17, nays, 86 (?). _Annals of Cong._, 9
Cong. 1 sess. p. 438.
~1806, Feb. 10. Congress (House): New Hampshire Proposed Amendment.~
"Mr. Tenney ... presented to the House certain resolutions of the
Legislature of the State of New Hampshire, 'proposing an amendment to
the Constitution of the United States, so as to authorize and empower
Congress to pass a law, whenever they may deem it expedient, to prevent
the further importation of slaves,' or people of color, into the United
States, or any part thereof." Read and laid on the table. _House
Journal_ (repr. 1826), 9 Cong. 1 sess. V. 266; _Annals of Cong._, 9
Cong. 1 sess. p. 448.
~1806, Feb. 17. Congress (House): Proposition on Slave-Trade.~
The committee on the slave-trade reported a resolution:--
"_Resolved_, That it shall not be lawful for any person or persons, to
import or bring into any of the Territories of the United States, any
slave or slaves that may hereafter be imported into the United States."
_House Journal_, 9 Cong. 1 sess. V 264, 278, 308, 345-6; _House
Reports_, 9 Cong. 1 sess. II. Feb. 17, 1806; _Annals of Cong._, 9 Cong.
1 sess. pp. 472-3.
~1806, April 7. Congress (Senate): Maryland Proposed Amendment.~
"Mr. Wright communicated a resolution of the legislature of the state of
Maryland instructing their Senators and Representatives in Congress to
use their utmost exertions to obtain an amendment to the constitution of
the United States to prevent the further importation of slaves;
whereupon, Mr. Wright submitted the following resolutions for the
consideration of the Senate....
"_Resolved_, That the migration or importation of slaves into the United
States, or any territory thereof, be prohibited after the first day of
January, 1808." Considered April 10, and further consideration postponed
until the first Monday in December next. _Senate Journal_ (repr. 1821),
9 Cong. 1 sess. IV. 76-7, 79; _Annals of Cong._, 9 Cong. 1 sess. pp.
229, 232.
~1806, Dec. 2. President Jefferson's Message.~
See above, pages 97-98. _House Journal_ (repr. 1826), 9 Cong. 2 sess. V.
468.
~1806, Dec. 15. Congress (House): Proposition on Slave-Trade.~
"A bill to prohibit the importation or bringing of slaves into the
United States, etc.," after Dec. 31, 1807. Finally merged into Senate
bill. _Ibid._, House Bill No. 148.
~1806, Dec. 17. Congress (House): Sloan's Proposition.~
Proposition to amend the House bill by inserting after the article
declaring the forfeiture of an illegally imported slave, "And such
person or slave shall be entitled to his freedom." Lost. _Annals of
Cong._, 9 Cong. 2 sess. pp. 167-77, 180-89.
~1806, Dec. 29. Congress (House): Sloan's Second Proposition.~
Illegally imported Africans to be either freed, apprenticed, or
returned to Africa. Lost; Jan. 5, 1807, a somewhat similar proposition
was also lost. _Ibid._, pp. 226-8, 254.
~1806, Dec. 31. Great Britain: Rejected Treaty.~
"Treaty of amity, commerce, and navigation, between His Britannic
Majesty and the United States of America."
"Art. XXIV. The high contracting parties engage to communicate to each
other, without delay, all such laws as have been or shall be hereafter
enacted by their respective Legislatures, as also all measures which
shall have been taken for the abolition or limitation of the African
slave trade; and they further agree to use their best endeavors to
procure the co-operation of other Powers for the final and complete
abolition of a trade so repugnant to the principles of justice and
humanity." _Amer. State Papers, Foreign_, III. 147, 151.
~1807, March 25. [England: Slave-Trade Abolished.~
"An Act for the Abolition of the Slave Trade." _Statute 47 George III._,
1 sess. ch. 36.]
~1807, Jan. 7. Congress (House): Bidwell's Proposition.~
"Provided, that no person shall be sold as a slave by virtue of this
act." Offered as an amendment to § 3 of House bill; defeated 60 to 61,
Speaker voting. A similar proposition was made Dec. 23, 1806. _House
Journal_ (repr. 1826), 9 Cong. 2 sess. V. 513-6. Cf. _Annals of Cong._,
9 Cong. 2 sess. pp. 199-203, 265-7.
~1807, Feb. 9. Congress (House): Section Seven of House Bill.~
§ 7 of the bill reported to the House by the committee provided that all
Negroes imported should be conveyed whither the President might direct
and there be indentured as apprentices, or employed in whatever way the
President might deem best for them and the country; provided that no
such Negroes should be indentured or employed except in some State in
which provision is now made for the gradual abolition of slavery. Blank
spaces were left for limiting the term of indenture. The report was
never acted on. _Annals of Cong._, 9 Cong. 2 sess. pp. 477-8.
~1807, March 2. United States Statute: Importation Prohibited.~
"An Act to prohibit the importation of Slaves into any port or place
within the jurisdiction of the United States, from and after the first
day of January, in the year of our Lord one thousand eight hundred and
eight." Bills to amend § 8, so as to make less ambiguous the permit
given to the internal traffic, were introduced Feb. 27 and Nov. 27.
_Statutes at Large_, II. 426. For proceedings in Senate, see _Senate
Journal_ (repr. 1821), 9 Cong. 1-2 sess. IV. 11, 112, 123, 124, 132,
133, 150, 158, 164, 165, 167, 168; _Annals of Cong._, 9 Cong. 2 sess.
pp. 16, 19, 23, 33, 36, 45, 47, 68, 69, 70, 71, 79, 87, 93. For
proceedings in House, see _House Journal_ (repr. 1826), 9 Cong. 2 sess.
V. 470, 482, 488, 490, 491, 496, 500, 504, 510, 513-6, 517, 540, 557,
575, 579, 581, 583-4, 585, 592, 594, 610, 613-4, 616, 623, 638, 640; 10
Cong. 1 sess. VI. 27, 50; _Annals of Cong._, 9 Cong. 2 sess. pp. 167,
180, 200, 220, 231, 254, 264, 270.
~1808, Feb. 23. Congress (Senate): Proposition to Amend Constitution.~
"Agreeably to instructions from the legislature of the state of
Pennsylvania to their Senators in Congress, Mr. Maclay submitted the
following resolution, which was read for consideration:--
"_Resolved_ ..., That the Constitution of the United States be so
altered and amended, as to prevent the Congress of the United States,
and the legislatures of any state in the Union, from authorizing the
importation of slaves." No further mention. _Senate Journal_ (repr.
1821), 10 Cong. 1 sess. IV. 235; _Annals of Cong._, 10 Cong. 1 sess. p.
134. For the full text of the instructions, see _Amer. State Papers,
Miscellaneous_, I. 716.
~1810, Dec. 5. President Madison's Message.~
"Among the commercial abuses still committed under the American flag,
... it appears that American citizens are instrumental in carrying on a
traffic in enslaved Africans, equally in violation of the laws of
humanity, and in defiance of those of their own country. The same just
and benevolent motives which produced the interdiction in force against
this criminal conduct, will doubtless be felt by Congress, in devising
further means of suppressing the evil." _House Journal_ (repr. 1826), 11
Cong. 3 sess. VII. 435.
~1811, Jan. 15. United States Statute: Secret Act and Joint Resolution
against Amelia Island Smugglers.~
_Statutes at Large_, III. 471 ff.
~1815, March 29. [France: Abolition of Slave-Trade.~
Napoleon on his return from Elba decrees the abolition of the
slave-trade. Decree re-enacted in 1818 by the Bourbon dynasty. _British
and Foreign State Papers_, 1815-16, p. 196, note; 1817-18, p. 1025.]
~1815, Feb. 18. Great Britain: Treaty of Ghent.~
"Treaty of peace and amity. Concluded December 24, 1814; Ratifications
exchanged at Washington February 17, 1815; Proclaimed February 18,
1815."
Art. X. "Whereas the traffic in slaves is irreconcilable with the
principles of humanity and justice, and whereas both His Majesty and the
United States are desirous of continuing their efforts to promote its
entire abolition, it is hereby agreed that both the contracting parties
shall use their best endeavors to accomplish so desirable an object."
_U.S. Treaties and Conventions_ (ed. 1889), p. 405.
~1815, Dec. 8. Alabama and Mississippi Territory: Act to Dispose of
Illegally Imported Slaves.~
"An Act concerning Slaves brought into this Territory, contrary to the
Laws of the United States." Slaves to be sold at auction, and the
proceeds to be divided between the territorial treasury and the
collector or informer. Toulmin, _Digest of the Laws of Alabama_, p. 637;
_Statutes of Mississippi digested_, etc. (ed. 1816), p. 389.
~1816, Nov. 18. North Carolina: Act to Dispose of Illegally Imported
Slaves.~
"An act to direct the disposal of negroes, mulattoes and persons of
colour, imported into this state, contrary to the provisions of an act
of the Congress of the United States, entitled 'an act to prohibit the
importation of slaves into any port or place, within the jurisdiction of
the United States, from and after the first day of January, in the year
of our Lord one thousand eight hundred and eight.'"
§ 1. Every slave illegally imported after 1808 shall be sold for the use
of the State.
§ 2. The sheriff shall seize and sell such slave, and pay the proceeds
to the treasurer of the State.
§ 3. If the slave abscond, the sheriff may offer a reward not exceeding
one-fifth of the value of the slave. _Laws of North Carolina, 1816_, ch.
xii. p. 9; _Laws of North Carolina_ (revision of 1819), II. 1350.
~1816, Dec. 3. President Madison's Message.~
"The United States having been the first to abolish, within the extent
of their authority, the transportation of the natives of Africa into
slavery, by prohibiting the introduction of slaves, and by punishing
their citizens participating in the traffick, cannot but be gratified at
the progress, made by concurrent efforts of other nations, towards a
general suppression of so great an evil. They must feel, at the same
time, the greater solicitude to give the fullest efficacy to their own
regulations. With that view, the interposition of Congress appears to be
required by the violations and evasions which, it is suggested, are
chargeable on unworthy citizens, who mingle in the slave trade under
foreign flags, and with foreign ports; and by collusive importations of
slaves into the United States, through adjoining ports and territories.
I present the subject to Congress, with a full assurance of their
disposition to apply all the remedy which can be afforded by an
amendment of the law. The regulations which were intended to guard
against abuses of a kindred character, in the trade between the several
States, ought also to be rendered more effectual for their humane
object." _House Journal_, 14 Cong. 2 sess. pp. 15-6.
~1817, Feb. 11. Congress (House): Proposed Joint Resolution.~
"Joint Resolution for abolishing the traffick in Slaves, and the
Colinization [_sic_] of the Free People of Colour of the United States."
"_Resolved_, ... That the President be, and he is hereby authorized to
consult and negotiate with all the governments where ministers of the
United States are, or shall be accredited, on the means of effecting an
entire and immediate abolition of the traffick in slaves. And, also, to
enter into a convention with the government of Great Britain, for
receiving into the colony of Sierra Leone, such of the free people of
colour of the United States as, with their own consent, shall be carried
thither....
"_Resolved_, That adequate provision shall hereafter be made to defray
any necessary expenses which may be incurred in carrying the preceding
resolution into effect." Reported on petition of the Colonization
Society by the committee on the President's Message. No further record.
_House Journal_, 14 Cong. 2 sess. pp. 25-7, 380; _House Doc._, 14 Cong.
2 sess. No. 77.
~1817, July 28. [Great Britain and Portugal: First Concession of Right
of Search.~
"By this treaty, ships of war of each of the nations might visit
merchant vessels of both, if suspected of having slaves on board,
acquired by illicit traffic." This "related only to the trade north of
the equator; for the slave-trade of Portugal within the regions of
western Africa, to the south of the equator, continued long after this
to be carried on with great vigor." Woolsey, _International Law_
(1874), § 197, pp. 331-2; _British and Foreign State Papers_, 1816-17,
pp. 85-118.]
~1817, Sept. 23. [Great Britain and Spain: Abolition of Trade North of
Equator.~
"By the treaty of Madrid, ... Great Britain obtained from Spain, for the
sum of four hundred thousand pounds, the immediate abolition of the
trade north of the equator, its entire abolition after 1820, and the
concession of the same mutual right of search, which the treaty with
Portugal had just established." Woolsey, _International Law_ (1874), §
197, p. 332; _British and Foreign State Papers_, 1816-17, pp. 33-74.]
~1817, Dec. 2. President Monroe's Message on Amelia Island, etc.~
"A just regard for the rights and interests of the United States
required that they [i.e., the Amelia Island and Galveston pirates]
should be suppressed, and orders have been accordingly issued to that
effect. The imperious considerations which produced this measure will be
explained to the parties whom it may, in any degree, concern." _House
Journal_, 15 Cong. 1 sess. p. 11.
~1817, Dec. 19. Georgia: Act to Dispose of Illegally Imported Slaves.~
"An Act for disposing of any such negro, mulatto, or person of color,
who has been or may hereafter be imported or brought into this State in
violation of an act of the United States, entitled an act to prohibit
the importation of slaves," etc.
§ 1. The governor by agent shall receive such Negroes, and,
§ 2. sell them, or,
§ 3. give them to the Colonization Society to be transported, on
condition that the Society reimburse the State for all expense, and
transport them at their own cost. Prince, _Digest_, p. 793.
~1818, Jan. 10. Congress (House): Bill to Supplement Act of 1807.~
Mr. Middleton, from the committee on so much of the President's Message
as related to the illicit introduction of slaves into the United States
from Amelia Island, reported a bill in addition to former acts
prohibiting the introduction of slaves into the United States. This was
read twice and committed; April 1 it was considered in Committee of the
Whole; Mr. Middleton offered a substitute, which was ordered to be laid
on table and to be printed; it became the Act of 1819. See below, March
3, 1819. _House Journal_, 15 Cong. 1 sess. pp. 131, 410.
~1818, Jan. 13. President Monroe's Special Message.~
"I have the satisfaction to inform Congress, that the establishment at
Amelia Island has been suppressed, and without the effusion of blood.
The papers which explain this transaction, I now lay before Congress,"
etc. _Ibid._, pp. 137-9.
~1818, Feb. 9. Congress (Senate): Bill to Register (?) Slaves.~
"A bill respecting the transportation of persons of color, for sale, or
to be held to labor." Passed Senate, dropped in House; similar bill Dec.
9, 1818, also dropped in House. _Senate Journal_, 15 Cong. 1 sess. pp.
147, 152, 157, 165, 170, 188, 201, 203, 232, 237; 15 Cong. 2 sess. pp.
63, 74, 77, 202, 207, 285, 291, 297; _House Journal_, 15 Cong. 1 sess.
p. 332; 15 Cong. 2 sess. pp. 303, 305, 316.
~1818, April 4. Congress (House): Proposition to Amend Constitution.~
Mr. Livermore's resolution:--
"No person shall be held to service or labour as a slave, nor shall
slavery be tolerated in any state hereafter admitted into the Union, or
made one of the United States of America." Read, and on the question,
"Will the House consider the same?" it was determined in the negative.
_House Journal_, 15 Cong. 1 sess. pp. 420-1; _Annals of Cong._, 15 Cong.
1 sess. pp. 1675-6.
~1818, April 20. United States Statute: Act in Addition to Act of 1807.~
"An Act in addition to 'An act to prohibit the introduction
[importation] of slaves into any port or place within the jurisdiction
of the United States, from and after the first day of January, in the
year of our Lord one thousand eight hundred and eight,' and to repeal
certain parts of the same." _Statutes at Large_, III. 450. For
proceedings in Congress, see _Senate Journal_, 15 Cong. 1 sess. pp. 243,
304, 315, 333, 338, 340, 348, 377, 386, 388, 391, 403, 406; _House
Journal_, 15 Cong. 1 sess. pp. 450, 452, 456, 468, 479, 484, 492,505.
~1818, May 4. [Great Britain and Netherlands: Treaty.~
Right of Search granted for the suppression of the slave-trade. _British
and Foreign State Papers_, 1817-18, pp. 125-43.]
~1818, Dec. 19. Georgia: Act of 1817 Reinforced.~
No title found. "_Whereas_ numbers of African slaves have been illegally
introduced into the State, in direct violation of the laws of the United
States and of this State, _Be it therefore enacted_," etc. Informers are
to receive one-tenth of the net proceeds from the sale of illegally
imported Africans, "_Provided_, nothing herein contained shall be so
construed as to extend farther back than the year 1817." Prince,
_Digest_, p. 798.
~1819, Feb. 8. Congress (Senate): Bill in Addition to Former Acts.~
"A bill supplementary to an act, passed the 2d day of March, 1807,
entitled," etc. Postponed. _Senate Journal_, 15 Cong. 2 sess. pp. 234,
244, 311-2, 347.
~1819, March 3. United States Statute: Cruisers Authorized, etc.~
"An Act in addition to the Acts prohibiting the slave trade." _Statutes
at Large_, III. 532. For proceedings in Congress, see _Senate Journal_,
15 Cong. 2 sess. pp. 338, 339, 343, 345, 350, 362; _House Journal_, 15
Cong. 2 sess. pp. 9-19, 42-3, 150, 179, 330, 334, 341, 343, 352.
~1819, Dec. 7. President Monroe's Message.~
"Due attention has likewise been paid to the suppression of the slave
trade, in compliance with a law of the last session. Orders have been
given to the commanders of all our public ships to seize all vessels
navigated under our flag, engaged in that trade, and to bring them in,
to be proceeded against, in the manner prescribed by that law. It is
hoped that these vigorous measures, supported by like acts by other
nations, will soon terminate a commerce so disgraceful to the civilized
world." _House Journal_, 16 Cong, 1 sess. p. 18.
~1820, Jan. 19. Congress (House): Proposed Registry of Slaves.~
"On motion of Mr. Cuthbert,
"Resolved, That the Committee on the Slave Trade be instructed to
enquire into the expediency of establishing a registry of slaves, more
effectually to prevent the importation of slaves into the United States,
or the territories thereof." No further mention. _Ibid._, p. 150.
~1820, Feb. 5. Congress (House): Proposition on Slave-Trade.~
"Mr. Meigs submitted the following preamble and resolution:
"Whereas, slavery in the United States is an evil of great and
increasing magnitude; one which merits the greatest efforts of this
nation to remedy: Therefore,
"Resolved, That a committee be appointed to enquire into the expediency
of devoting the public lands as a fund for the purpose of,
"1st, Employing a naval force competent to the annihilation of the slave
trade;
"2dly, The emancipation of slaves in the United States; and,
"3dly, Colonizing them in such way as shall be conducive to their
comfort and happiness, in Africa, their mother country." Read, and, on
motion of Walker of North Carolina, ordered to lie on the table. Feb. 7,
Mr. Meigs moved that the House now consider the above-mentioned
resolution, but it was decided in the negative. Feb. 18, he made a
similar motion and proceeded to discussion, but was ruled out of order
by the Speaker. He appealed, but the Speaker was sustained, and the
House refused to take up the resolution. No further record appears.
_Ibid._, pp. 196, 200, 227.
~1820, Feb. 23. Massachusetts: Slavery in Western Territory.~
_"Resolve respecting Slavery":--_
"The Committee of both Houses, who were appointed to consider 'what
measures it may be proper for the Legislature of this Commonwealth to
adopt, in the expression of their sentiments and views, relative to the
interesting subject, now before Congress, of interdicting slavery in the
New States, which may be admitted into the Union, beyond the River
Mississippi,' respectfully submit the following report: ...
"Nor has this question less importance as to its influence on the slave
trade. Should slavery be further permitted, an immense new market for
slaves would be opened. It is well known that notwithstanding the
strictness of our laws, and the vigilance of the government, thousands
are now annually imported from Africa," etc. _Massachusetts Resolves_,
May, 1819, to February, 1824, pp. 147-51.
~1820, May 12. Congress (House): Resolution for Negotiation.~
"Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the President of the
United States be requested to negociate with all the governments where
ministers of the United States are or shall be accredited, on the means
of effecting an entire and immediate abolition of the slave trade."
Passed House, May 12, 1820; lost in Senate, May 15, 1820. _House
Journal_, 16 Cong. 1 sess. pp. 497, 518, 520-21, 526; _Annals of Cong._,
16 Cong. 1 sess. pp. 697-700.
~1820, May 15. United States Statute: Slave-Trade made Piracy.~
"An act to continue in force 'An act to protect the commerce of the
United States, and punish the crime of piracy,' and also to make further
provisions for punishing the crime of piracy." Continued by several
statutes until passage of the Act of 1823, _q.v. Statutes at Large_,
III. 600. For proceedings in Congress, see _Senate Journal_, 16 Cong. 1
sess. pp. 238, 241, 268, 286-7, 314, 331, 346, 350, 409, 412, 417, 422,
424, 425; _House Journal_, 16 Cong. 1 sess. pp. 453, 454, 494, 518, 520,
522, 537, 539, 540, 542. There was also a House bill, which was dropped:
cf. _House Journal_, 16 Cong. 1 sess. pp. 21, 113, 280, 453, 494.
~1820, Nov. 14. President Monroe's Message.~
"In execution of the law of the last session, for the suppression of the
slave trade, some of our public ships have also been employed on the
coast of Africa, where several captures have already been made of
vessels engaged in that disgraceful traffic." _Senate Journal_, 16 Cong.
2 sess. pp. 16-7.
~1821, Feb. 15. Congress (House): Meigs's Resolution.~
Mr. Meigs offered in modified form the resolutions submitted at the last
session:--
"Whereas slavery, in the United States, is an evil, acknowledged to be
of great and increasing magnitude, ... therefore,
"Resolved, That a committee be appointed to inquire into the expediency
of devoting five hundred million acres of the public lands, next west of
the Mississippi, as a fund for the purpose of, in the
"_First place_; Employing a naval force, competent to the annihilation
of the slave trade," etc. Question to consider decided in the
affirmative, 63 to 50; laid on the table, 66 to 55. _House Journal_, 16
Cong. 2 sess. p. 238; _Annals of Cong._, 16 Cong. 2 sess. pp. 1168-70.
~1821, Dec. 3. President Monroe's Message.~
"Like success has attended our efforts to suppress the slave trade.
Under the flag of the United States, and the sanction of their papers,
the trade may be considered as entirely suppressed; and, if any of our
citizens are engaged in it, under the flag and papers of other powers,
it is only from a respect to the rights of those powers, that these
offenders are not seized and brought home, to receive the punishment
which the laws inflict. If every other power should adopt the same
policy, and pursue the same vigorous means for carrying it into effect,
the trade could no longer exist." _House Journal_, 17 Cong. 1 sess. p.
22.
~1822, April 12. Congress (House): Proposed Resolution.~
"_Resolved_, That the President of the United States be requested to
enter into such arrangements as he may deem suitable and proper, with
one or more of the maritime powers of Europe, for the effectual
abolition of the slave trade." _House Reports_, 17 Cong. 1 sess. II. No.
92, p. 4; _Annals of Cong._, 17 Cong. 1 sess. p. 1538.
~1822, June 18. Mississippi: Act on Importation, etc.~
"An act, to reduce into one, the several acts, concerning slaves, free
negroes, and mulattoes."
§ 2. Slaves born and resident in the United States, and not criminals,
may be imported.
§ 3. No slave born or resident outside the United States shall be
brought in, under penalty of $1,000 per slave. Travellers are excepted.
_Revised Code of the Laws of Mississippi_ (Natchez, 1824), p. 369.
~1822, Dec. 3. President Monroe's Message.~
"A cruise has also been maintained on the coast of Africa, when the
season would permit, for the suppression of the slave-trade; and orders
have been given to the commanders of all our public ships to seize our
own vessels, should they find any engaged in that trade, and to bring
them in for adjudication." _House Journal_, 17 Cong. 2 sess. pp. 12, 21.
~1823, Jan. 1. Alabama: Act to Dispose of Illegally Imported Slaves.~
"An Act to carry into effect the laws of the United States prohibiting
the slave trade."
§ 1. "_Be it enacted_, ... That the Governor of this state be ...
authorized and required to appoint some suitable person, as the agent of
the state, to receive all and every slave or slaves or persons of
colour, who may have been brought into this state in violation of the
laws of the United States, prohibiting the slave trade: _Provided_, that
the authority of the said agent is not to extend to slaves who have been
condemned and sold."
§ 2. The agent must give bonds.
§ 3. "_And be it further enacted_, That the said slaves, when so placed
in the possession of the state, as aforesaid, shall be employed on such
public work or works, as shall be deemed by the Governor of most value
and utility to the public interest."
§ 4. A part may be hired out to support those employed in public work.
§ 5. "_And be it further enacted_, That in all cases in which a decree
of any court having competent authority, shall be in favor of any or
claimant or claimants, the said slaves shall be truly and faithfully, by
said agent, delivered to such claimant or claimants: but in case of
their condemnation, they shall be sold by such agent for cash to the
highest bidder, by giving sixty days notice," etc. _Acts of the Assembly
of Alabama, 1822_ (Cahawba, 1823), p. 62.
~1823, Jan. 30. United States Statute: Piracy Act made Perpetual.~
"An Act in addition to 'An act to continue in force "An act to protect
the commerce of the United States, and punish the crime of piracy,"'"
etc. _Statutes at Large_, III. 510-14, 721, 789. For proceedings in
Congress, see _Senate Journal_, 17 Cong. 2 sess. pp. 61, 64, 70, 83, 98,
101, 106, 110, 111, 122, 137; _House Journal_, 17 Cong. 2 sess. pp. 73,
76, 156, 183, 189.
~1823, Feb. 10. Congress (House): Resolution on Slave-Trade.~
Mr. Mercer offered the following resolution:--
"Resolved, That the President of the United States be requested to enter
upon, and to prosecute, from time to time, such negotiations with the
several maritime powers of Europe and America, as he may deem expedient,
for the effectual abolition of the African slave trade, and its ultimate
denunciation as piracy, under the law of nations, by the consent of the
civilized world." Agreed to Feb. 28; passed Senate. _House Journal_, 17
Cong. 2 sess. pp. 212, 280-82; _Annals of Cong._, 17 Cong. 2 sess. pp.
928, 1147-55.
~1823, March 3. United States Statute: Appropriation.~
"An Act making appropriations for the support of the navy," etc.
"To enable the President of the United States to carry into effect the
act" of 1819, $50,000. _Statutes at Large_, III. 763, 764
~1823. President: Proposed Treaties.~
Letters to various governments in accordance with the resolution of
1823: April 28, to Spain; May 17, to Buenos Ayres; May 27, to United
States of Colombia; Aug. 14, to Portugal. See above, Feb. 10, 1823.
_House Doc._, 18 Cong. 1 sess. VI. No. 119.
~1823, June 24. Great Britain: Proposed Treaty.~
Adams, March 31, proposes that the trade be made piracy. Canning, April
8, reminds Adams of the treaty of Ghent and asks for the granting of a
mutual Right of Search to suppress the slave-trade. The matter is
further discussed until June 24. Minister Rush is empowered to propose a
treaty involving the Right of Search, etc. This treaty was substantially
the one signed (see below, March 13, 1824), differing principally in the
first article.
"Article I. The two high contracting Powers, having each separately, by
its own laws, subjected their subjects and citizens, who may be
convicted of carrying on the illicit traffic in slaves on the coast of
Africa, to the penalties of piracy, do hereby agree to use their
influence, respectively, with the other maritime and civilized nations
of the world, to the end that the said African slave trade may be
recognized, and declared to be, piracy, under the law of nations."
_House Doc._, 18 Cong, 1 sess. VI. No. 119.
~1824, Feb. 6. Congress (House): Proposition to Amend Constitution.~
Mr. Abbot's resolution on persons of color:--
"That no part of the constitution of the United States ought to be
construed, or shall be construed to authorize the importation or ingress
of any person of color into any one of the United States, contrary to
the laws of such state." Read first and second time and committed to the
Committee of the Whole. _House Journal_, 18 Cong. 1 sess. p. 208;
_Annals of Cong._, 18 Cong. 1 sess. p. 1399.
~1824, March 13. Great Britain: Proposed Treaty of 1824.~
"The Convention:"--
Art. I. "The commanders and commissioned officers of each of the two
high contracting parties, duly authorized, under the regulations and
instructions of their respective Governments, to cruize on the coasts of
Africa, of America, and of the West Indies, for the suppression of the
slave trade," shall have the power to seize and bring into port any
vessel owned by subjects of the two contracting parties, found engaging
in the slave-trade. The vessel shall be taken for trial to the country
where she belongs.
Art. II. Provides that even if the vessel seized does not belong to a
citizen or citizens of either of the two contracting parties, but is
chartered by them, she may be seized in the same way as if she belonged
to them.
Art. III. Requires that in all cases where any vessel of either party
shall be boarded by any naval officer of the other party, on suspicion
of being concerned in the slave-trade, the officer shall deliver to the
captain of the vessel so boarded a certificate in writing, signed by the
naval officer, specifying his rank, etc., and the object of his visit.
Provision is made for the delivery of ships and papers to the tribunal
before which they are brought.
Art. IV. Limits the Right of Search, recognized by the Convention, to
such investigation as shall be necessary to ascertain the fact whether
the said vessel is or is not engaged in the slave-trade. No person shall
be taken out of the vessel so visited unless for reasons of health.
Art. V. Makes it the duty of the commander of either nation, having
captured a vessel of the other under the treaty, to receive unto his
custody the vessel captured, and send or carry it into some port of the
vessel's own country for adjudication, in which case triplicate
declarations are to be signed, etc.
Art. VI. Provides that in cases of capture by the officer of either
party, on a station where no national vessel is cruising, the captor
shall either send or carry his prize to some convenient port of its own
country for adjudication, etc.
Art. VII. Provides that the commander and crew of the captured vessel
shall be proceeded against as pirates, in the ports to which they are
brought, etc.
Art. VIII. Confines the Right of Search, under this treaty, to such
officers of both parties as are especially authorized to execute the
laws of their countries in regard to the slave-trade. For every abusive
exercise of this right, officers are to be personally liable in costs
and damages, etc.
Art. IX. Provides that the government of either nation shall inquire
into abuses of this Convention and of the laws of the two countries, and
inflict on guilty officers the proper punishment.
Art. X. Declares that the right, reciprocally conceded by this treaty,
is wholly and exclusively founded on the consideration that the two
nations have by their laws made the slave-trade piracy, and is not to be
taken to affect in any other way the rights of the parties, etc.; it
further engages that each power shall use its influence with all other
civilized powers, to procure from them the acknowledgment that the
slave-trade is piracy under the law of nations.
Art. XI. Provides that the ratifications of the treaty shall be
exchanged at London within twelve months, or as much sooner as possible.
Signed by Mr. Rush, Minister to the Court of St. James, March 13, 1824.
The above is a synopsis of the treaty as it was laid before the Senate.
It was ratified by the Senate with certain conditions, one of which was
that the duration of this treaty should be limited to the pleasure of
the two parties on six months' notice; another was that the Right of
Search should be limited to the African and West Indian seas: i.e., the
word "America" was struck out. This treaty as amended and passed by the
Senate (cf. above, p. 141) was rejected by Great Britain. A counter
project was suggested by her, but not accepted (cf. above, p. 144). The
striking out of the word "America" was declared to be the insuperable
objection. _Senate Doc._, 18 Cong. 2 sess. I. No. 1, pp. 15-20; _Niles's
Register_, 3rd Series, XXVI. 230-2. For proceedings in Senate, see
_Amer. State Papers, Foreign_, V. 360-2.
~1824, March 31. [Great Britain: Slave-Trade made Piracy.~
"An Act for the more effectual Suppression of the _African_ Slave
Trade."
Any person engaging in the slave-trade "shall be deemed and adjudged
guilty of Piracy, Felony and Robbery, and being convicted thereof shall
suffer Death without Benefit of Clergy, and Loss of Lands, Goods and
Chattels, as Pirates, Felons and Robbers upon the Seas ought to suffer,"
etc. _Statute 5 George IV._, ch. 17; _Amer. State Papers, Foreign_, V.
342.]
~1824, April 16. Congress (House): Bill to Suppress Slave-Trade.~
"Mr. Govan, from the committee to which was referred so much of the
President's Message as relates to the suppression of the Slave Trade,
reported a bill respecting the slave trade; which was read twice, and
committed to a Committee of the Whole."
§ 1. Provided a fine not exceeding $5,000, imprisonment not exceeding 7
years, and forfeiture of ship, for equipping a slaver even for the
foreign trade; and a fine not exceeding $3,000, and imprisonment not
exceeding 5 years, for serving on board any slaver. _Annals of Cong._,
18 Cong. 1 sess. pp. 2397-8; _House Journal_, 18 Cong. 1 sess. pp. 26,
180, 181, 323, 329, 356, 423.
~1824, May 21. President Monroe's Message on Treaty of 1824.~
_Amer. State Papers, Foreign_, V. 344-6.
~1824, Nov. 6. [Great Britain and Sweden: Treaty.~
Right of Search granted for the suppression of the slave-trade. _British
and Foreign State Papers_, 1824-5, pp. 3-28.]
~1824, Nov. 6. Great Britain: Counter Project of 1825.~
Great Britain proposes to conclude the treaty as amended by the Senate,
if the word "America" is reinstated in Art. I. (Cf. above, March 13,
1824.) February 16, 1825, the House Committee favors this project; March
2, Addington reminds Adams of this counter proposal; April 6, Clay
refuses to reopen negotiations on account of the failure of the
Colombian treaty. _Amer. State Papers, Foreign_, V. 367; _House
Reports_, 18 Cong. 2 sess. I. No. 70; _House Doc._, 19 Cong. 1 sess. I.
No. 16.
~1824, Dec. 7. President Monroe's Message.~
"It is a cause of serious regret, that no arrangement has yet been
finally concluded between the two Governments, to secure, by joint
co-operation, the suppression of the slave trade. It was the object of
the British Government, in the early stages of the negotiation, to adopt
a plan for the suppression, which should include the concession of the
mutual right of search by the ships of war of each party, of the
vessels of the other, for suspected offenders. This was objected to by
this Government, on the principle that, as the right of search was a
right of war of a belligerant towards a neutral power, it might have an
ill effect to extend it, by treaty, to an offence which had been made
comparatively mild, to a time of peace. Anxious, however, for the
suppression of this trade, it was thought adviseable, in compliance with
a resolution of the House of Representatives, founded on an act of
Congress, to propose to the British Government an expedient, which
should be free from that objection, and more effectual for the object,
by making it piratical.... A convention to this effect was concluded and
signed, in London," on the 13th of March, 1824, "by plenipotentiaries
duly authorized by both Governments, to the ratification of which
certain obstacles have arisen, which are not yet entirely removed." [For
the removal of which, the documents relating to the negotiation are
submitted for the action of Congress]....
"In execution of the laws for the suppression of the slave trade, a
vessel has been occasionally sent from that squadron to the coast of
Africa, with orders to return thence by the usual track of the slave
ships, and to seize any of our vessels which might be engaged in that
trade. None have been found, and, it is believed, that none are thus
employed. It is well known, however, that the trade still exists under
other flags." _House Journal_, 18 Cong. 2 sess. pp. 11, 12, 19, 27, 241;
_House Reports_, 18 Cong. 2 sess. I. No. 70; Gales and Seaton, _Register
of Debates_, I. 625-8, and Appendix, p. 2 ff.
~1825, Feb. 21. United States of Colombia: Proposed Treaty.~
The President sends to the Senate a treaty with the United States of
Colombia drawn, as United States Minister Anderson said, similar to that
signed at London, with the alterations made by the Senate. March 9,
1825, the Senate rejects this treaty. _Amer. State Papers, Foreign_, V.
729-35.
~1825, Feb. 28. Congress (House): Proposed Resolution on Slave-Trade.~
Mr. Mercer laid on the table the following resolution:--
"_Resolved_, That the President of the United States be requested to
enter upon, and prosecute from time to time, such negotiations with the
several maritime powers of Europe and America, as he may deem expedient
for the effectual abolition of the slave trade, and its ultimate
denunciation, as piracy, under the law of nations, by the consent of the
civilized world." The House refused to consider the resolution. _House
Journal_, 18 Cong. 2 sess. p. 280; Gales and Seaton, _Register of
Debates_, I. 697, 736.
~1825, March 3. Congress (House): Proposed Resolution against Right of
Search.~
"Mr. Forsyth submitted the following resolution:
"_Resolved_, That while this House anxiously desires that the Slave
Trade should be, universally, denounced as Piracy, and, as such, should
be detected and punished under the law of nations, it considers that it
would be highly inexpedient to enter into engagements with any foreign
power, by which _all_ the merchant vessels of the United States would be
exposed to the inconveniences of any regulation of search, from which
any merchant vessels of that foreign power would be exempted."
Resolution laid on the table. _House Journal_, 18 Cong. 2 sess. pp.
308-9; Gales and Seaton, _Register of Debates_, I. 739.
~1825, Dec. 6. President Adams's Message.~
"The objects of the West India Squadron have been, to carry into
execution the laws for the suppression of the African Slave Trade: for
the protection of our commerce against vessels of piratical
character.... These objects, during the present year, have been
accomplished more effectually than at any former period. The African
Slave Trade has long been excluded from the use of our flag; and if some
few citizens of our country have continued to set the laws of the Union,
as well as those of nature and humanity, at defiance, by persevering in
that abominable traffic, it has been only by sheltering themselves under
the banners of other nations, less earnest for the total extinction of
the trade than ours." _House Journal_, 19 Cong. 1 sess. pp. 20, 96,
296-7, 305, 323, 329, 394-5, 399, 410, 414, 421, 451, 640.
~1826, Feb. 14. Congress (House): Proposition to Repeal Parts of Act of
1819.~
"Mr. Forsyth submitted the following resolutions, viz.:
1. "_Resolved_, That it is expedient to repeal so much of the act of the
3d March, 1819, entitled, 'An act in addition to the acts prohibiting
the slave trade,' as provides for the appointment of agents on the coast
of Africa.
2. "_Resolved_, That it is expedient so to modify the said act of the 3d
of March, 1819, as to release the United States from all obligation to
support the negroes already removed to the coast of Africa, and to
provide for such a disposition of those taken in slave ships who now are
in, or who may be, hereafter, brought into the United States, as shall
secure to them a fair opportunity of obtaining a comfortable
subsistence, without any aid from the public treasury." Read and laid on
the table. _Ibid._, p. 258.
~1826, March 14. United States Statute: Appropriation.~
"An Act making appropriations for the support of the navy," etc.
"For the agency on the coast of Africa, for receiving the negroes,"
etc., $32,000. _Statutes at Large_, IV. 140, 141.
~1827, March 2. United States Statute: Appropriation.~
"An Act making appropriations for the support of the Navy," etc.
"For the agency on the coast of Africa," etc., $56,710. _Ibid._, W. 206,
208.
~1827, March 11. Texas: Introduction of Slaves Prohibited.~
Constitution of the State of Coahuila and Texas. Preliminary
Provisions:--
Art. 13. "From and after the promulgation of the constitution in the
capital of each district, no one shall be born a slave in the state, and
after six months the introduction of slaves under any pretext shall not
be permitted." _Laws and Decrees of Coahuila and Texas_ (Houston, 1839),
p. 314.