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BY AUTHORITY OF CONGRESS
THE
PUBLIC STATUTES AT LARGE
OF THE
UNITED STATES OF AMERICA
FROM THE
ORGANIZATION OF THE GOVERNMENT IN 1789 TO MARCH 3, 1845.
ARRANGED IN CHRONOLOGICAL ORDER.
WITH
REFERENCES TO THE MATTER OF EACH ACT AND TO THE SUBSEQUENT ACTS ON THE SAME SUBJECT,
AND
COPIOUS NOTES OF THE DECISIONS
OF THE
COURTS OF THE UNITED STATES
CONSTRUING THOSE ACTS, AND UPON THE SUBJECTS OF THE LAWS
WITH AN
INDEX TO THE CONTENTS OF EACH VOLUME,
AND A
FULL GENERAL INDEX TO THE WHOLE WORK, IN THE CONCLUDING VOLUME,
TOGETHER WITH
THE DECLARATION OF INDEPENDENCE, THE ARTICLES OF CONFEDERATION, AND THE CONSTITUTION OF THE UNITED STATES;
AND ALSO,
TABLES IN THE LAST VOLUME, CONTAINING LISTS OF THE ACTS RELATING TO THE JUDICIARY, IMPOSTS AND TONNAGE, THE PUBLIC LANDS, ETC.
EDITED BY
RICHARD PETERS, ESQ., COUNSELLOR AT LAW.
The rights and interest of the United States in the stereotype plates from which this work is printed, are hereby recognized, acknowledged, and declared by the publishers, according to the provisions of the joint resolution of Congress, passed March 3, 1845.
VOL. II.
BOSTON,
LITTLE, BROWN AND COMPANY,
1861.
STATUTE II.
(March 2, 1807: Act of March 22, 1794, ch.11. Act of May 10, 1800,
ch. 51. Act of Feb. 28, 1803, ch. 10. Act of April 20, 1818, ch. 91. Act of May 15,
1820, ch. 113, sec. 4, 5.)
CHAP.XXII.-- 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. (See notes to act
of March 22, 1794, chap.11, vol. i. 347.)
Be it enacted by the Senate and House of Representatives of the United States
of America in Congress assembled, That from and after the first day of January,
one thousand eight hundred and eight, it shall not be lawful to import or bring into
the United States or the territories thereof from any foreign kingdom, place, or
country, any negro, mulatto, or person of colour, with intent to hold, sell, or dispose
of such negro, mulatto, or person of colour, as a slave, or to be held to service
or labour.
(Importation of slaves into the U.S. forbidden after Jan. 1, 1808.
Forfeiture of vessels fitted out for the slave trade after Jan. 1, 1808.)
SEC. 2. And be it further enacted, That no citizen or citizens of the
United States, or any other person, shall, from and after the first day of January,
in the year of our Lord one thousand eight hundred and eight, for himself, or themselves,
or any other person whatsoever, either as master, factor, or owner, build, fit, equip,
load or otherwise prepare any ship or vessel, in any port or place within the jurisdiction
of the United States, nor shall cause any ship or vessel to sail from any port or
place within the same, for the purpose of procuring any negro, mulatto, or person
of colour, from any foreign kingdom, place, or country, to be transported to any
port or place whatsoever, within the jurisdiction of the United States, to be held,
sold, or disposed of as slaves, or to be held to service or labor; and if any ship
or vessel shall be so fitted out for the purpose aforesaid, or shall be caused to
sail so as aforesaid, every such ship or vessel, her tackle, apparel, and furniture,
shall be forfeited to the United States, and shall be liable to be seized, prosecuted,
and condemned in any of the circuit courts or district courts, for the district where
the said ship or vessel may be found or seized.
(Penalties for being engaged in such expeditions.)
SEC. 3. And be it further enacted, That all and every person so building,
fitting out, equipping, loading, or otherwise preparing or sending away, any ship
or vessel, knowing or intending that the same shall be employed in such trade or
business, from and after the first day of January, one thousand eight hundred and
eight, contrary to the true intent and meaning of this act, or any ways aiding or
abetting therein, shall severally forfeit and pay twenty thousand dollars, one moiety
thereof to the use of the United States, and the other moiety to the use of any person
or persons who shall sue for and prosecute the same to effect.
(Forfeitures and penalties for importing slaves from Africa, &c.
after Jan. 1, 1808. Distribution of the forfeitures. Slaves imported to remain subject
to regulations of the states.)
SEC. 4. And be it further enacted, If any citizen or citizens of the United
States, or any person resident within the jurisdiction of the same, shall, from and
after the first day of January, one thousand eight hundred and eight, take on board,
receive or transport from any of the coasts or kingdoms of Africa, or from any other
foreign kingdom, place, or country, any negro, mulatto, or person of colour, in any
ship or vessel, for the purpose of selling them in any port or place within the jurisdiction
of the United States as slaves, or to be held to service or labour, or shall be in
any ways aiding or abetting therein, such citizen or citizens, or person, shall severally
forfeit and pay five thousand dollars, one moiety thereof to the use of any person
or persons who shall sue for
and prosecute the same to effect; and every such ship or vessel in which, such negro,
mulatto, or person of colour, shall have been taken on board, received, or transported
as aforesaid, her tackle, apparel, and furniture, and the goods and effects which
shall be found on board the same, shall
be forfeited to the United States, and shall be liable to be seized, prosecuted,
and condemned in any of the circuit courts or district courts in the district where
the said ship or vessel may be found or seized. And neither the importer, nor any
person or persons claiming from or under him, shall hold any right or title whatsoever
to any negro, mulatto, or person of colour, nor to the service or labour thereof,
who may be imported or brought within the United States, or territories thereof,
in violation of this law, but the same shall remain subject to any regulations not
contravening the provisions of this act, which the legislatures of the several states
or territories at any time hereafter may make, for
disposing of any such negro, mulatto, or person of colour. (See notes to act of March
22, 1794, chap.11, vol. i. 347, 348.)
(Further penalties on citizens and residents, &c. for bringing
slaves to the U. S. from any foreign place. Imprisonment and penalty not to exceed
$10,000.)
SEC. 5. And be it further enacted, That if any citizen or citizens
of the United States, or any other person resident within the jurisdiction of the
same, shall, from and after the first day of January, one thousand eight hundred
and eight, contrary to the true intent and meaning of this act, take on board any
ship or vessel from any of the coasts or kingdoms of Africa, or from any other foreign
kingdom, place, or country, any negro, mulatto, or person of colour, with intent
to sell him. her, or
them, for a slave, or slaves, or to be held to service or labour, and shall transport
the same to any port or place within the jurisdiction of the United States, and there
sell such negro, mulatto, or person of colour, so transported as aforesaid, for a
slave, or to be held to service or labour,
every such offender shall be deemed guilty of a high misdemeanor, and being thereof
convicted before any court having competent jurisdiction, shall suffer imprisonment
for not more than ten years nor less than five years, and be fined not exceeding
ten thousand dollars, nor less than one thousand dollars.
(Penalties for buying slaves from the neighbouring territories, &c.
Forfeiture not to extend to the seller or purchaser of any slave sold under the regulations
of the legislature of any state.)
SEC. 6. And be it further enacted, That if any person or persons whatsoever,
shall, from and after the first day of January, one thousand eight hundred and eight,
purchase or sell any negro, mulatto, or person of colour, for a slave, or to be held
to service or labour, who shall have been imported, or brought from any foreign kingdom,
place, or country, or from the dominions of any foreign state, immediately adjoining
to the United States, into any port or place within the jurisdiction of the United
States, after the last day of December, one tbousand eight hundred and seven, knowing
at the time of such purchase or sale, such negro, mulatto, or person of colour, was
sought within the jurisdiction of the United States, as aforesaid, such purchaser
and seller shall severally for fee and pay for every negro, mulatto, or person of
colour, so purchased or sold as aforesaid, eight hundred dollars; one moiety thereof
to the United States, and the other moiety to the use of any person or persons who
shall sue for and prosecute the same to effect: Provided, that the aforesaid forfeiture
shall not extend to the seller or purchaser of any negro, mulatto, or person of colour,
who may be sold or disposed of in virtue of any regulation which may hereafter be
made by any of the legislatures of the several states in that respect, in pursuance
of act, and the constitution of the United States.
(Vessels may be seized, having slaves on board. Naval force of
the U. States may be employed for the purpose of enforcing this act. Penalties, fine
and imprisonment. Proceeds of prizes divided between the U. States and the officers
and men making the seizures. Every negro and mulatto found on board any vessel captured
to be delivered to persons appointed by the respective states to receive them. An
account to be transmitted to the governors of the respective states.)
SEC. 7. And be it further enacted, That if any ship or vessel shall
be found, from and after the first day of January, one thousand eight hundred and
eight, in any river, port, bay, or harbor, or on the high seas within the jurisdictional
limits of the United States, or hovering on the coast thereof, having on board any
negro, mulatto, or person of colour for the purpose of selling them as slaves, or
with intent to land the same, in any port or place within the jurisdiction of the
United States, contrary to the prohibition of this act, every such ship or vessel,
together with her tackle, apparel, and furniture. and the goods or effects which
shall be found on board the same, shall be forfeited to the use of the United States,
and may be seized, prosecuted, and condemned, in any court of the United States,
having jurisdiction thereof. And it shall be lawful for the President of the United
States, and he is hereby authorized, should he deem it expedient, to cause any of
the armed vessels of the United States to be manned and employed to cruise on any
part the coast of the United States, or territories thereof, where he may judge attempts
will be made to violate the provisions of this act, and to instruct and direct the
commanders of armed vessels of the United States, to seize take, and bring into any
port of the United States all such ships or vessels, and moreover to seize, take,
and bring into any port of the United States all ships or vessels of the United States,
wheresoever found on the high seas, contravening the provisions of this act, to be
proceeded against, according to law, and the captain, master, or commander of every
such ship or vessel, so found and seized as aforesaid, shall be deemed guilty of
a high misdemeanor, and shall be liable to be prosecuted before any court of the
United States, having jurisdiction thereof; and being thereof convicted, shall be
fined not exceeding ten thousand dollars, and be imprisoned not less than two years,
and not exceeding four years. And the proceeds of all ships and vessels, their tackle,
apparel, and furniture, and the goods and effects on board of them, which shall be
so seized, prosecuted and condemned, shall be divided equally between the United
States and the officers and men who shall make such seizure, take, or bring the same
into port for condemnation, whether such seizure be made by an armed vessel of the
United States,or revenue cutters thereof, and the same shall be distributed in like
manner, as is provided by law for the distribution of prizes taken from an enemy:
Provided, that the officers and men, to be entitled to one half of the proceeds
aforesaid, shall safe keep every negro, mulatto, or person of colour, found on board
of any ship or vessel so by them seized, taken, or brought into port for condemnation,
and shall deliver every such negro, mulatto, or person of colour, to such person
or persons as shall be appointed by the respective states, to receive the same; and
if no such person or persons shall be appointed by the respective states, they shall
deliver every such negro, mulatto, or person of colour, to the overseers of the poor
of the port or place where such ship or vessel may be brought or found, and shall
immediately transmit to the governor or chief magistrate of the state an account
of their proceedings, together with the number of such negroes, mulattoes, or persons
of colour, and a descriptive list of the same, that he may give directions respecting
such negroes mulattoes, or persons of colour. (The district courts
have jurisdiction under the slave trade acts, to determine who are the actual captors
under a state law, made in pursuance of the 4th section of the slave trade act of
1807, and directing the proceeds of the sale of the negroes to be paid, "one
moiety for the use of the commanding officer of the capturing vessel." The Josefa
Segunda, 10 Wheat.312; 6 Cond. Rep. 111.
The offence against the laws of the United States under the 7th section of the act
of 1897, is not that of importing or bringing into the United States, persons of
colour, with intent to hold such persons as slaves, but that of hovering on the coast
of the United States with such intent. And although it forfeits the vessel and any
goods or effects found on board, it is silent as to disposing of the coloured persons
found onboard, any further than to impose a duty upon the officers of the armed vessels
who make the capture to keep them safely to be delivered to the overseers of the
poor, or the governor of the state, or persons appointed by the respective states
to receive them. United States v. Preston, 3 Peters, 57.
The persons sold as slaves under an order of the district court of Louisiana, in
a case where the decree was afterwards reversed, were illegally sold, and they are
freed. Ibid.)
(Slaves not to be transported in vessels under forty tons burthen,
to be disposed of, &c. Penalties. This section not to prohibit taking on board
or transporting on any river or bay within the jurisdiction of the U. States.)
SEC. 8. And be it further enacted, That no captain, master or commander
of any ship or vessel, of less burthen than forty tons, shall, from and after the
first day of January, one thousand eight hundred and eight, take on board and transport
any negro, mulatto, or person of colour, to any port or place whatsoever, for the
purpose of selling or disposing of the same as a slave, or with intent that the same
may be sold or disposed of to be held to service or labour, on penalty of forfeiting
for every such negro, mulatto, or person of colour, so taken on board and transported,
as aforesaid, the sum of eight hundred dollars; one moiety thereof to the use of
the United States, and the other moiety to any person or persons who shall sue for,
and prosecute the same to effect: Provided however, That nothing in this section
shall extend to prohibit the taking on board or transporting on any river, or inland
bay of the sea, within the jurisdiction of the United States, any negro, mulatto,
or person of colour, (not imported contrary to the provisions of this act) in any
vessel or species of craft whatever.
(Vessels of larger burthen, sailing coastwise, to have the names
of slaves for sale inserted in their papers, &c. The shipper to swear the negroes
were not imported into the U. States after January 1, 1808. Penalties on departing
without such list. Penalty for negro or mulatto taken on board.)
SEC. 9. And be it further enacted, That the captain, master, or commander
of any ship or vessel of the burthen of forty tons or more, from and after the first
day of January, one thousand eight hundred and eight, sailing coastwise, from any
port in the United States, to any port or place within the jurisdiction of the same,
having on board any negro, mulatto, or person of colour, for the purpose of transporting
them to be used or disposed of as slaves, or to be held to service or labour, shall,
previous to the departure of such ship or vessel, make out and subscribe duplicate
manifests of every such negro, mulatto, or person of colour, on board such ship or
vessel, therein specifying the name and sex of each person, their age and stature,
as near as may be, and the class to which they respectively belong, whether negro,
mulatto, or person of colour, with the name and place of residence of every owner
or shipper of the same, and shall deliver such manifests to the collector of the
port, if there be one, otherwise to the surveyor, before whom the captain master,
or commander, together with the owner or shipper, shall severally swear or affirm
to the best of their knowledge and belief, that the persons therein specified were
not imported or brought into the United States, from and after the first day of January,
one thousand eight hundred and eight, and that under the laws of the state, they
are held to service or labour; whereupon the said collector or surveyor shall certify
the same on the said manifests, one of which he shall return to the said captain,
master, or commander, with a permit, specifying thereon the number, names, and general
description of such persons, and authorizing him to proceed to the port of his destination.
And if any ship or vessel, being laden and destined as aforesaid, shall depart from
the port where she may then be, without the captain, master, or commander being first
made out and subscribed duplicate manifests, of every negro, mulatto, and person
of colour, on board such ship or vessel, as aforesaid, and without having previously
delivered the same to the said collector or surveyor, and obtained a permit, in manner
as herein required, or shall, previous to her arrival at the port of her destination,
take on board any negro, mulatto, or person of colour, other than those specified
in the manifests, as aforesaid, every such ship or vessel, together with her tackle,
apparel and furniture, shall be forfeited to the use of the United States, and may
be seized, prosecuted and condemned in any court of the United States, having jurisdiction
thereof; and the captain, master, or commander of every such ship or vessel, shall
moreover forfeit, for every such negro, mulatto, or person of colour, so transported
or taken on board, contrary to the provisions of this act, the sum of one thousand
dollars, one moiety thereof to the United States, and the other moiety to the use
of any person or persons who shall sue for and prosecute the same to effect.
(Manifests to be delivered to officers of customs where such slaves
carried coastwise are landed. Penalty for landing a negro or mulatto without a permit.)
SEC. 10. And be it further enacted, That the captain, master, or commander
of every ship or vessel, of the burthen of forty tons or more, from and after the
first day of January, one thousand eight hundred and eight, sailing coastwise, and
having on board any negro, mulatto, or person of colour, to sell or dispose of as
slaves, or to be held to service or labour, and arriving in any port within the jurisdiction
of the United States, from any other port within the same, shall, previous to the
unloading or putting on shore any of the persons aforesaid, or suffering them to
go on shore, deliver to the collector, if there be one, or if not, to the surveyor
residing at the port of her arrival, the manifest certified by the collector or surveyor
of the port from whence she sailed, as is herein before directed, to the truth of
which, before such officer, he shall swear or affirm, and if the collector or surveyor
shall be satisfied therewith, he shall thereupon grant a permit for unlading or suffering
such negro, mulatto, or person of colour, to be put on shore, and if the captain,
master, or commander of any such ship or vessel being laden as aforesaid, shall neglect
or refuse to deliver the manifest at the time and in the manner herein directed,
or shall land or put on shore any negro, mulatto, or person of colour, for the purpose
aforesaid, before he shall have delivered his manifest as aforesaid, and obtained
a permit for that purpose, every such captain, master, or commander, shall forfeit
and pay ten thousand dollars, one moiety thereof to the United States, the other
moiety to the use of any person or persons who shall sue for and prosecute the same
to effect.
APPROVED, March 2, 1807.
