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
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.
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 labour: 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.
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.
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.
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.
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 thousand
eight hundred and seven, knowing at the time of such purchase or sale, such
negro, mulatto or person of colour, was so brought within the jurisdiction of
the United States, as aforesaid, such purchaser and seller shall severally
forfeit 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 this act, and the constitution of the United 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 of 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 hereof, 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.
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.
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 sold 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 having 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.
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 unlading 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.
SOURCE: Richard Peters, Editor, The Public Statutes at Large of the United States of America,
Volume 2, p. 426-30
