 Chapter 7 of the Domestic Slave Trade of the Southern States by Winfield H. Collins This LibriVox recording is in the public domain. Chapter 7, Laws of the Southern States with Reference to Importation and Exportation of Slaves Virginia The General Assembly of Virginia, 1778, enacted that no slave shall hereafter be imported into this Commonwealth by sea or land, nor shall any slave or slave so imported be sold or bought by any person whatever, under penalty of one thousand pounds for every slave imported, and five hundred pounds for every one either sold or bought, and the slave himself to be free. It was provided, however, that persons removing to the state from other states with the intention of becoming citizens of Virginia might bring their slaves with them upon taking the following oath within ten days of their arrival. I, AB, do swear that my removal to the state of Virginia was with no intention to evade the act for preventing the further importation of slaves within this Commonwealth, nor have I brought with me, nor have any of the slaves now in my possession been imported from Africa or any of the West India Islands since the first day of November, 1778, so help me God. This act did not apply to persons claiming slaves by dissent, marriage or divorce, or to any citizen of Virginia who was then the actual owner of slaves within any of the United States, nor to transient travelers having slaves as necessary attendants. In 1785, a law was passed declaring free the slaves who should afterward be imported and kept in the state a year, whether at one time or at several times. A, the same exceptions were made as the law of 1778. In 1796, these acts were amended, making it lawful for any citizen of the United States residing in Virginia or owning lands there to carry out any slaves born in the state and bring them back, provided they had neither been hired nor sold. If, however, they were entitled to freedom in the state to which they were removed, they could not again be held as slaves in Virginia. In 1806, a law was passed totally prohibiting the introduction of slaves into Virginia. It was amended, however, in 1811 in favor of residents of the state, as it restored to them the same privileges concerning the importation of slaves which they had under the law of 1778. An act of January 9, 1813, further amended and extended to immigrants the right of bringing in slaves. They were allowed to introduce only such slaves as they had owned for two years or acquired by marriage or inheritance. Anyone introducing slaves was put under obligation not to sell them within two years. Those thus importing slaves were required also to exhibit before a justice of the peace a written statement with the name, age, sex and description of each slave and to take oath that the account was true and that they were not introduced for the purpose of sale or with the intention of evading the laws. The last act of Virginia regarding the importation of slaves was that of 1819. This law permitted the importation of slaves not convicted of crime from any of the United States. South Carolina. In 1792, South Carolina passed a law to prohibit for two years the importation of slaves from Africa or from other places beyond the seas. It also prohibited the introduction of slaves who were bound for a term of years in any of the United States. An exception, however, was made of citizens who might acquire slaves by marriage or actual settlers in the state and of travelers. This act was revised in 1794 and extended to 1797. As revised, it totally prohibited the introduction of slaves into South Carolina from all places from without the United States. In 1796 it was extended to 1799. Again, extended in 1798 to 1801 and in 1800 it was again extended to 1803. In 1800 also an act was passed totally prohibiting the introduction of slaves into the state except by immigrants and in 1801 it was made even more stringent. Any slaves brought in were to be sold by the sheriff of the district in which they were found upon the order of the court. It was found that the acts of 1800 and 1801 were too rigorous and inconvenient. In 1802 that part of the laws which prevented citizens of other states from carrying their own slaves through South Carolina was repealed. It was provided that anyone who wished to pass through the state with slaves might do so but near the place where he was to enter the state he should take the following oath before a magistrate or quorum. I, AB, do swear that the slaves which I am carrying through the state are bona fide to my property and that I will not sell, hire or dispose of said slaves or either of them to any resident or citizen or body corporate or public or any other person or persons whomsoever within the state of South Carolina but will travel directly to the place where I intend to move. In 1803 an act repealing and amending former acts on the importation of slaves was enacted. The introduction of Negroes from the West Indies or South America was prohibited and from any of the other states unless with a certificate of good character there was no restriction with respect to Africa. No more laws regarding importation were passed until 1816. Then it was enacted that no slaves should be brought into the state from any of the United States or territories or countries bordering thereon. The only exception was in favor of travelers with not more than two slaves or settlers on their way to other states who before entering South Carolina were required to take an oath with regard to their slaves similar to that required by the law of 1802. This law was amended in 1817 in part as follows that every inhabitant of this state who was bona fide entitled in his or her own right or in the right of his wife to any slave or slaves on the 19th of December 1816 or hereafter shall become entitled to any such slave by inheritance or marriage shall be permitted to bring them in on certain conditions. Both the law of 1816 and that of 1817 were repealed in 1818. In 1823 South Carolina made it lawful to bring into the state any slave from the West Indies, South America or from Europe or from any sister state which may be situated to the north of the Potomac River or the city of Washington. No slave was allowed to return to South Carolina who had been carried out of the state and had visited any of these places. The penalty was severe, it being a thousand dollars and forfeiture of the slave. This law was reenacted in 1835. And in 1847 it was amended to allow slaves to return who could go to Cuba on board of any steamboat in the capacity of Stuart, Cook, Fireman, Engineer, Pilot or Mariner provided he had visited none of the other restricted places. It was amended again in 1848 and Baltimore and all ports on the Chesapeake Bay and the state of Maryland were placed on the same footing with regard to the importation of slaves as the states south of the Potomac. North Carolina. In 1786 North Carolina passed her first law to restrict the importation of slaves from other states. It was as follows, every person who shall introduce into this state any slave from any of the United States which have passed laws for the liberation of slaves shall, on complaint thereof, before any justice of the peace be compelled by such justice to enter into bond with sufficient surity in the sum of a hundred dollars current money for each slave for the removing of such slave to the state from which such slave was brought within three months thereafter the penalty to be recovered one half for the use of the state, the other half for the use of the prosecutor, or a failure of a compliance therewith. And the person introducing such slave shall also, in case of such failure, forfeit and pay the sum of two hundred dollars to be recovered by any person suing for the same and applied to their use. The law of 1794 prohibited the introduction of slaves and indentured servants of color. Exceptions were made of slave owners coming to the states to reside and of citizens of North Carolina inheriting slaves in other states. In 1795 immigrants from the West Indies, Bahama Islands, French, Dutch, and Spanish settlements on the southern coast of America were prevented from bringing in slaves who were more than fifteen years of age. An act of 1776, however, allowed slaves to be brought in who belonged to residents near the Virginia and South Carolina boundaries. A law was passed in 1816 which provided that slaves brought into North Carolina from foreign countries contrary to the act of Congress of 1807 to be sold. No more laws concerning importation were passed after the repeal of the laws against importation about 1818. Georgia. Georgia passed a law against the importation of slaves in 1793. This seemed to apply only to slaves imported from without the United States. In 1798 a new constitution was framed which provided that there shall be no importation of slaves into this state from Africa or any foreign place after the first of October next. In 1817 the following was enacted. It shall not be lawful except in cases herein authorized and allowed for any person or persons whatever to bring, import, or introduce into this state to aid or assist or knowingly to become concerned or interested in bringing, importing or introducing into this state either by land or by water or in any manner whatsoever, any slave or slaves. Citizens of Georgia and those of other states coming to Georgia to live were permitted to bring in slaves for their own use. Before importing them they were required to make oath before the proper authorities that they were not imported for sale or hire, land or mortgage. The act was not to extend to travelers. This act was repealed in 1824 and slaves then were imported and disposed of without restriction. The law of 1817 was revised in 1829, modified in 1836, again repealed in 1841, revived again in 1842. In 1835 a law was enacted making anyone subject to fine and imprisonment who should bring into Georgia any male slave who had been to a non-slaveholding state or to any foreign country. In 1849 all laws and parts of laws, civil and criminal, forbidding or in any manner restricting the importation of slaves into this state from any other slaveholding state were repealed. Cities and towns were given the right to regulate the sale of slaves by traders and to prescribe the places in their jurisdiction where slaves might be kept and sold. In 1852 so much of this law as had reference to importation of slaves was repealed and the act of 1817 was revived but the Penitentiary Imprisonment Clause was eliminated. The law of 1852 was repealed by the legislature of 1855-6 and the act of 1849 was revived thus again opening the state to the unrestricted importation of slaves. Maryland. In 1783 Maryland prohibited the importation of slaves. It was amended in 1791 and also in 1794. In 1796 the General Assembly of Maryland 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 there upon immediately cease to be the property of the person or person so importing or bringing such slave within the state and shall be free. Immigrants to the state were allowed to bring in their own slaves at the time of removal or within one year afterward. It was required that these slaves should have been within the United States three years. In 1797 this law was modified in favor of those coming into Maryland to reside. In 1810 a law was passed to prevent those who were slaves for a limited time from being sold out of state. In 1817 a law was passed regulating the exportation of slaves as follows that whenever any person shall purchase any slave or slaves within this state for the purpose of exporting or removing the same beyond the limits of this state it shall be their duty to take from the seller a bill of sale for said slave or slaves in which the age and distinguishing marks as nearly as may be and the name of such slave or slaves shall be inserted and the same shall be acknowledged before some justice of the piece of the county where the sale shall be made and lodged to be recorded in the office of the clerk of the said county within twenty days and the clerk shall immediately on the receipt thereof actually record the same and deliver a copy thereof on demand to the purchaser and a certificate endures thereupon under the seal of the county of the same being duly recorded. The following year, 1818, a law was passed which provided that any slave convicted of a crime which in the judgment of the court should not be punished by hanging might be transported for sale. In 1846 the legislature enacted that slaves sentenced to the penitentiary should be publicly sold at the expiration of their service and transported. In 1831 a very restrictive law was enacted. It prohibited the introduction of slaves into the state either for sale or residence. The restrictive policy did not continue long for in 1833 the barrier to the introduction of slaves for residence was withdrawn. Persons removing to the state with the intention of becoming citizens were required to pay a tax on every slave introduced for the benefit of the state colonization society. This act was supplemented by another in 1839. Immigrants were required to make affidavit that it was their intention to become citizens of the state and to pay a tax on their slaves imported from five to fifteen dollars according to age. In 1847 a provision was made to allow guardians, executors and trustees residing in the state to bring in slaves appointed by a last will. In 1850 all laws against the importation of life slaves was repealed except such as extended to those who were slaves for a term of years or those convicted of crime in another state. Delaware has the distinction of being the only one of the original southern states to embody a declaration unfavorable to the importation of slaves in her first constitution. In that of 1776 she says, no person hereafter imported into this state from Africa ought to be held in slavery under any pretense whatever and no Negro, Indian or mulatto ought to be brought into this state for sale from any part of the world. In 1787 a law was passed regulating the exportation of slaves. A permit was required to export Negroes. A law permitting the introduction of slaves who were devised or inherited was enacted. The law against exportation was made more severe. In 1793 another law was enacted to further regulate the exportation of slaves. It only made a slight change. Any Negro exported contrary to the act was to have his freedom. In 1828 courts were given the right to sentence slaves for certain offenses to be exported. Thus those exported were not allowed to return to the state. There were reenactments in 1827 and 1829 concerning the exportation of slaves. In 1833 a law was passed to enable farmers to carry slaves into Maryland to cultivate land without incurring any penalty. There seems to have been no more enactments of Delaware concerning importation or exportation of slaves. Louisiana. The act of Congress in 1804 erecting Louisiana into a territory prohibited the introduction of slaves into it from without the United States. Only slaves imported before May 1, 1798 could be introduced and those had to be slaves of actual settlers. An act of Louisiana in 1810 was to prevent the introducing of slaves who had been guilty of crime. It was not until 1826 that Louisiana as a state passed any law against the introduction of slaves as merchandise. But this year it was enacted that no person or person shall after the first day of June 1826 bring into this state any slave or slaves with the intention to sell or hire the same. Citizens of Louisiana and immigrants could bring in their own slaves but were not allowed to hire, exchange or sell them within two years after such importation. This act was repealed in 1828 but in 1829 another law was passed which required that anyone who should introduce slaves above 12 years of age to have a certificate for each slave signed by two respectable and well-known freeholders of the county from which the slaves were brought accompanied with their declaration on oath that the slaves had never been guilty of crime and that they were of good character. Children under 10 years of age could not be brought in separate from their mother. This was repealed March 24, 1831. Almost immediately after the Southampton massacre in Virginia Louisiana called an extra session of her legislature. The only important act of the session was an act prohibiting importation of slaves for sale or hire. Immigrants and citizens were prohibited from bringing in slaves from Alabama, Mississippi, Florida and Arkansas. Those permitted to be brought in could not be sold or hired within five years. A certificate, as in the law of 1829, was also required. It was amended during the same session and the states of Tennessee, Kentucky and Missouri were included in the prohibition. It was repealed in 1834 and no other law with respect to the importation of slaves was ever enacted by Louisiana, Mississippi. The act of Congress in 1798 establishing a government in the Mississippi territory prohibited the importation of slaves from without the United States and the Constitution of 1817 excluded slaves guilty of high crimes in other states. The territorial act of 1808 made it unlawful to expose for sale in a slave above 15 years of age without having previously exhibited to the Chief Justice of the Orphan's Court of the County where offered for sale a certificate signed by two respectable free holders living in the county from whence the slave was brought describing the stature, complexion, sex, name and not to have been guilty of any murder, crime, arson, burglary, felony, larceny to their knowledge or belief where he came from which certificate shall be signed and acknowledged before the clerk of the county from whence he came and certification by said clerk that those whose names are prefixed are respectable free holders. Such certificates aforesaid shall be registered with the register of the Orphan's Court where such slaves are sold the seller taking oath that he believes said certificate is just and true. In 1819 another act was passed to amend the law of 1808. Slaves brought into the state as merchandise were made subject to a tax of $20 each. A certificate was required as in the law of 1808 but it was not to apply to those brought in for their own use by citizens and immigrants except those from Louisiana and the Alabama territory. An act of 1822 reduced into one the several acts concerning slaves Free Negroes and Mulattos but no important changes were made with regard to the importation of slaves. The new constitution of 1832 like that of 1817 excluded slaves guilty of high crimes in other states. It declared also that the introduction of slaves into this state as merchandise or for sale shall be prohibited from and after the first day of May 1833. This provision of the constitution gave rise to a great deal of litigation. Now was it effective in prohibiting importation of slaves? The latter appears from the fact that in 1837 by an act of the legislature the business of introducing or importing slaves to this state as merchandise or for sale be and the same time as hereby prohibited. The penalty was $500 and six months imprisonment for each slave so brought in and notes which might be given for slaves were not collectible. The law was repealed in 1846. Alabama The first law passed by Alabama concerning the importation of slaves was for the purpose of carrying into effect the United States prohibiting the slave trade. This was enacted in 1823 and provided that slaves imported should be employed on public works or sold for the state. But on January 13, 1827 it was enacted that if any person or person shall bring into this state any slave or slaves for the purpose of sale or hire or shall sell or hire any slave or slaves brought into this state to the first day of August next such person or persons shall forfeit and pay the sum of $1,000 for each Negro so brought in one half thereof to the person suing for the same and the other half to the use of the state and moreover any person thus offending shall be subject to indictment and on conviction shall be liable to be fined a sum not exceeding $500 for each offence and shall be imprisoned not exceeding $3 months at the discretion of the jury trying such offence. Citizens of the state however were allowed to purchase Negroes for their own use but could not sell them until two years after being brought into the state. This law was repealed in 1829. Another prohibitive law was passed January 16, 1832 but immigrants were allowed to bring their own slaves with them and citizens of the state could import slaves for their own use when these introduced slaves returns were to be made upon oath to the county courts within 30 days describing them and declaring that they were not introduced for the purpose of sale or hire. Citizens of Alabama could import slaves which might have become theirs by inheritance or marriage. The provisions of the law did not apply to travelers or to citizens temporarily removed from the state. This was repealed December 4, 1832 and no other prohibitive law was enacted. Kentucky. The laws passed by Virginia concerning importation of slaves prior to 1790 were enforced in Kentucky until 1798. This year an act reducing into one, several acts concerning slaves, free Negroes, mulattoes, and Indians was passed. No slaves could be imported into Kentucky who were introduced into the United States from foreign countries except by immigrants who did not violate this provision. Citizens could do the same but no slaves might be imported as merchandise. An act amending this was approved February 8, 1815. No one was allowed to bring slaves into Kentucky except those intending to settle in the state and they were required to take the following oath. I, A.B., do swear or affirm that my removal to the state of Kentucky was with an intention to become a citizen thereof and that I have brought with me no slave or slaves and will bring no slave or slaves to this state with the intention of selling them. In 1833 it was enacted that each and every person who shall hereafter import into this state any slave or slaves or shall sell or buy or contract for the sale or purchase for a longer term than one year of the service of any such slave or slaves knowing the same to have been imported as aforesaid, he, she, or they so offending shall forfeit six hundred dollars for each slave so imported, sold, or bought or whose service has been so contracted for. It was not to apply to immigrants provided they took the required oath nor to citizens of Kentucky who derive their title by will, descent, distribution, marriage, gift or in consideration of marriage nor to travelers who could prove to the satisfaction of a jury that the slaves were for necessary attendance. There were minor acts and quite a number of acts of a private character. Tennessee. Tennessee was originally a part of North Carolina and the laws of North Carolina which were in force at the time of the session of Tennessee to the United States in 1790 were continued in force in Tennessee. The first law passed by Tennessee with reference to importation of slaves was in 1812. It prohibited their importation as merchandise for a term of five years. Persons coming as settlers or residents who had acquired slaves by descent, devise, marriage, or purchase for their own use were permitted to import them. Immigrants were obliged to take the following oath. I, A.B., do solemnly swear or affirm that I have removed myself and slaves to the state of Tennessee with the full and sole view of becoming a citizen and that I have not brought my slave to the securing of the same against any rebellion or apprehension of rebellion, so help me God. No other law concerning importation was enacted until 1826. It was practically the same as that of 1812 except that it was a perpetual act and no one was allowed to introduce slaves which had been guilty of crimes in other states. This act continued in force until 1855 and much of it was repealed as related to the importation of slaves as merchandise. Missouri, Arkansas, Florida, and Texas. The Constitution of Missouri, 1820, circumscribed the powers of the legislature with reference to importation of slaves as follows. The General Assembly shall have no power to pass laws to prevent bona fide immigrants to this state or actual settlers therein from bringing from any of the United States or from any of their territories such persons as may be deemed to be slaves so long as any person of the same description are allowed to be held as slaves by the laws of this state. They shall have power to pass laws to prohibit the introduction into the state of any slaves who may have committed any high crime in any other state or territory to prohibit the introduction of any slave for the purpose of speculation or as an article of trade or merchandise to prohibit the introduction of any slave or the offspring of any slave who here to for may have been or who here after may be imported from any foreign country into the United States or any territory thereof in contravention of any existing statute of the United States. The first constitutions of most of the other states had provisions somewhat similar to these among which are Arkansas, Florida and Texas. The only laws passed by Missouri regarding importation were those of 1835, 1843 and 1845. The law of 1843 simply prohibited the importation of slaves entitled to freedom at a future date and against kidnapping in 1845. The law of 1835 was the leading one. It prohibited the introduction of any slave who had elsewhere committed any infamous crime or any who had been removed from Missouri for crime or any imported into the United States contrary to law. Texas and Florida as states seem never to have prohibited the importation of slaves except those guilty of crime. The only act of Arkansas concerning importation was passed in 1838 and put in force by proclamation of the governor, March 20, 1839. It was never repealed so far as we could find and is as follows. No person shall knowingly bring or cause to be brought into this state or hold, purchase, hire, sell or otherwise dispose of within the same. First, any slave who may have committed in any other state, territory or district in the United States or any foreign country, any offense which if committed within the state would according to the laws thereof be felony or infamous crime. Or second, any slave who shall have been convicted in this state of any felony or infamous crime and ordered to be taken or removed out of this state according to the laws thereof. Or third, any slave who shall have actually been removed out of this state after a conviction of felony or other infamous crime although no order of removal shall have been made. Or fourth, any person or the descendant of any person who shall have been imported into the United States or any of the territories thereof in contravention of the laws of the United States and held as a slave. The next slide is from the Southern States by Winfield H. Collins.