Chapter 5

FOOTNOTES:[255]Featherstonhaugh: Excursion Through the Slave States, Vol. I., p. 128.[256]Liberator: Feb. 16, 1833. Buckingham: Slave States, Vol. II., p. 485.[257]Reed and Matheson: Visit to Am. Churches, Vol. I., p. 32.[258]Andrews: Slavery and the Domestic Slave Trade, PP. 135-7.[259]Sturge: A Visit to the United States, p. 107.[260]Miner: Speech in Congress, Jan. 6, 1829.Gales and Seaton's Register of Debates in Congress, Vol. V., p. 167.[261]Whittier: A Letter in Emancipator, Nov. 23, 1843.[262]Andrews: Slavery and the Domestic Trade, p. 164.[263]Christian Freeman, Sept. 10, 1845.[264]African Repository, Vol. V., p. 381, cited from Mercantile Advertiser of New Orleans, Jan. 21, 1830.Tower: Slavery Unmasked, p. 304.[265](Ingraham): The Southwest, Vol. II., p. 192.[266]Ibid., p. 201.[267]Christian Freeman, Jan. 2, 1845; quoted from Western Citizen by C.F.[268]Buckingham: Slave States of Am. II., p. 485.Liberator, Feb. 16, 1833. Abdy: Journal of a Residence in the United States, Vol. II., p. 100.[269]Andrews: Sl. and the Domestic Sl. Trade, p. 142.[270]Ibid.: p. 78.Buckingham: Slave States, Vol. II., p. 485.Liberator, Feb. 16, 1833.Featherstonhaugh: Excursion Through the Slave States, Vol. I., p. 120.[271]Niles' Reg., Sept. 5, 1829.Featherstonhaugh: Excursion Through the Slave States, Vol. I., p. 122.Niles' Reg., Oct. 14, 1826; Nov. 18, 1826; May 20, 1826.[272](Ingraham): The Southwest, Vol. II., p. 238.[273]Adams: Southern View of Slavery, p. 77.[274]The Christian Citizen, Oct. 26, 1844.Featherstonhaugh: Excursion Through the Slave States, Vol. I., pp. 120-122.Palmer: Journal of Travels in the U.S., p. 142.Birkbeck: Notes on a Journey from the Coast of Va., p. 25.[275](Paulding): Letters From the South, Vol. I., p. 128. (Ed. 1817.)[276]Buckingham: Slave States of America, Vol. II., p. 533.(Blane): An Excursion Through the U.S. and Canada, p. 226.[277](Ingraham): The Southwest, Vol. II., p. 238.[278]Ibid.: Vol. II., p. 30.[279]Ashworth: A Tour in the U.S., Cuba and Canada, p. 81; also Sequel to Mrs. Kemble's Journal, p. 8 in (Y.) Sl. Pamp., Vol. XVII.(Ingraham): The Southwest, Vol. II., p. 201.[280](Ingraham): The Southwest, Vol. II., p. 201.[281]Christian Freeman: April 10, 1845.Christian Citizen, Nov. 23, 1844.[282]Shaffner: The War in America, p. 293.[283]Tower: Slavery Unmasked, p. 127-8.Andrews: Sl. and Domestic Slave Trade, p. 105.[284]Andrews: Slavery and Domestic Sl. Trade, p. 164.[285]Liberator, May 6, 1853.Sequel to Mrs. Kemble's Journal, p. 11, in (Yale) Sl. Pamp., Vol. XVII.[286]Adams: Southern View of Slavery, p. 72.[287](Ingraham): The Southwest, Vol. II., p. 201.[288](Paulding): Letters from the South, Vol. I., p. 126; (Ed. 1817).Torrey: A Portraiture of Domestic Slavery in U.S., p. 145.[289]Olmsted: Cotton Kingdom, Vol. I., p. 336.[290]Andrews: Slavery and Domestic Sl. Trade, p. 118.[291]Candler: A Summary View of Am., p. 276.Liberator, June 18, 1847.(Blane): Excursion Through the U.S., p. 209.Tower: Slavery Unmasked, p. 304-7.[292]Stowe: Key to Uncle Tom's Cabin, p. 169.[293]Liberator, July 7, 1837.[294]Quarterly Anti-Slavery Magazine, Vol. II., p. 409, July, 1837.[295](Ingraham): The Southwest, Vol. II., p. 245.[296]Andrews: Slavery and the Domestic Slave Trade, pp. 136, 150.Note:—It is interesting to compare Featherstonhaugh's characterization of Armfield, which is: "I looked steadily at the fellow, and recollecting him, found no longer any difficulty in accounting for such a compound of everything vulgar and revolting and totally without education. I had now a key to his manner and the expression of his countenance."—Featherstonhaugh: Excursion Through the Slave States, Vol. I., p. 167.[297]Andrews: Sl. and Domestic Sl. Trade, p. 150.[298]Featherstonhaugh: Excursion Through the Slave States, Vol. I., p. 128.[299]Finch: Travels in the U.S. and Canada, p. 241.[300]Adams: Southern View of Slavery, p. 77.

FOOTNOTES:

[255]Featherstonhaugh: Excursion Through the Slave States, Vol. I., p. 128.

[256]Liberator: Feb. 16, 1833. Buckingham: Slave States, Vol. II., p. 485.

[257]Reed and Matheson: Visit to Am. Churches, Vol. I., p. 32.

[258]Andrews: Slavery and the Domestic Slave Trade, PP. 135-7.

[259]Sturge: A Visit to the United States, p. 107.

[260]Miner: Speech in Congress, Jan. 6, 1829.Gales and Seaton's Register of Debates in Congress, Vol. V., p. 167.

[260]Miner: Speech in Congress, Jan. 6, 1829.

Gales and Seaton's Register of Debates in Congress, Vol. V., p. 167.

[261]Whittier: A Letter in Emancipator, Nov. 23, 1843.

[262]Andrews: Slavery and the Domestic Trade, p. 164.

[263]Christian Freeman, Sept. 10, 1845.

[264]African Repository, Vol. V., p. 381, cited from Mercantile Advertiser of New Orleans, Jan. 21, 1830.Tower: Slavery Unmasked, p. 304.

[264]African Repository, Vol. V., p. 381, cited from Mercantile Advertiser of New Orleans, Jan. 21, 1830.

Tower: Slavery Unmasked, p. 304.

[265](Ingraham): The Southwest, Vol. II., p. 192.

[266]Ibid., p. 201.

[267]Christian Freeman, Jan. 2, 1845; quoted from Western Citizen by C.F.

[268]Buckingham: Slave States of Am. II., p. 485.Liberator, Feb. 16, 1833. Abdy: Journal of a Residence in the United States, Vol. II., p. 100.

[268]Buckingham: Slave States of Am. II., p. 485.

Liberator, Feb. 16, 1833. Abdy: Journal of a Residence in the United States, Vol. II., p. 100.

[269]Andrews: Sl. and the Domestic Sl. Trade, p. 142.

[270]Ibid.: p. 78.Buckingham: Slave States, Vol. II., p. 485.Liberator, Feb. 16, 1833.Featherstonhaugh: Excursion Through the Slave States, Vol. I., p. 120.

[270]Ibid.: p. 78.

Buckingham: Slave States, Vol. II., p. 485.

Liberator, Feb. 16, 1833.

Featherstonhaugh: Excursion Through the Slave States, Vol. I., p. 120.

[271]Niles' Reg., Sept. 5, 1829.Featherstonhaugh: Excursion Through the Slave States, Vol. I., p. 122.Niles' Reg., Oct. 14, 1826; Nov. 18, 1826; May 20, 1826.

[271]Niles' Reg., Sept. 5, 1829.

Featherstonhaugh: Excursion Through the Slave States, Vol. I., p. 122.

Niles' Reg., Oct. 14, 1826; Nov. 18, 1826; May 20, 1826.

[272](Ingraham): The Southwest, Vol. II., p. 238.

[273]Adams: Southern View of Slavery, p. 77.

[274]The Christian Citizen, Oct. 26, 1844.Featherstonhaugh: Excursion Through the Slave States, Vol. I., pp. 120-122.Palmer: Journal of Travels in the U.S., p. 142.Birkbeck: Notes on a Journey from the Coast of Va., p. 25.

[274]The Christian Citizen, Oct. 26, 1844.

Featherstonhaugh: Excursion Through the Slave States, Vol. I., pp. 120-122.

Palmer: Journal of Travels in the U.S., p. 142.

Birkbeck: Notes on a Journey from the Coast of Va., p. 25.

[275](Paulding): Letters From the South, Vol. I., p. 128. (Ed. 1817.)

[276]Buckingham: Slave States of America, Vol. II., p. 533.(Blane): An Excursion Through the U.S. and Canada, p. 226.

[276]Buckingham: Slave States of America, Vol. II., p. 533.

(Blane): An Excursion Through the U.S. and Canada, p. 226.

[277](Ingraham): The Southwest, Vol. II., p. 238.

[278]Ibid.: Vol. II., p. 30.

[279]Ashworth: A Tour in the U.S., Cuba and Canada, p. 81; also Sequel to Mrs. Kemble's Journal, p. 8 in (Y.) Sl. Pamp., Vol. XVII.(Ingraham): The Southwest, Vol. II., p. 201.

[279]Ashworth: A Tour in the U.S., Cuba and Canada, p. 81; also Sequel to Mrs. Kemble's Journal, p. 8 in (Y.) Sl. Pamp., Vol. XVII.

(Ingraham): The Southwest, Vol. II., p. 201.

[280](Ingraham): The Southwest, Vol. II., p. 201.

[281]Christian Freeman: April 10, 1845.Christian Citizen, Nov. 23, 1844.

[281]Christian Freeman: April 10, 1845.

Christian Citizen, Nov. 23, 1844.

[282]Shaffner: The War in America, p. 293.

[283]Tower: Slavery Unmasked, p. 127-8.Andrews: Sl. and Domestic Slave Trade, p. 105.

[283]Tower: Slavery Unmasked, p. 127-8.

Andrews: Sl. and Domestic Slave Trade, p. 105.

[284]Andrews: Slavery and Domestic Sl. Trade, p. 164.

[285]Liberator, May 6, 1853.Sequel to Mrs. Kemble's Journal, p. 11, in (Yale) Sl. Pamp., Vol. XVII.

[285]Liberator, May 6, 1853.

Sequel to Mrs. Kemble's Journal, p. 11, in (Yale) Sl. Pamp., Vol. XVII.

[286]Adams: Southern View of Slavery, p. 72.

[287](Ingraham): The Southwest, Vol. II., p. 201.

[288](Paulding): Letters from the South, Vol. I., p. 126; (Ed. 1817).Torrey: A Portraiture of Domestic Slavery in U.S., p. 145.

[288](Paulding): Letters from the South, Vol. I., p. 126; (Ed. 1817).

Torrey: A Portraiture of Domestic Slavery in U.S., p. 145.

[289]Olmsted: Cotton Kingdom, Vol. I., p. 336.

[290]Andrews: Slavery and Domestic Sl. Trade, p. 118.

[291]Candler: A Summary View of Am., p. 276.Liberator, June 18, 1847.(Blane): Excursion Through the U.S., p. 209.Tower: Slavery Unmasked, p. 304-7.

[291]Candler: A Summary View of Am., p. 276.

Liberator, June 18, 1847.

(Blane): Excursion Through the U.S., p. 209.

Tower: Slavery Unmasked, p. 304-7.

[292]Stowe: Key to Uncle Tom's Cabin, p. 169.

[293]Liberator, July 7, 1837.

[294]Quarterly Anti-Slavery Magazine, Vol. II., p. 409, July, 1837.

[295](Ingraham): The Southwest, Vol. II., p. 245.

[296]Andrews: Slavery and the Domestic Slave Trade, pp. 136, 150.Note:—It is interesting to compare Featherstonhaugh's characterization of Armfield, which is: "I looked steadily at the fellow, and recollecting him, found no longer any difficulty in accounting for such a compound of everything vulgar and revolting and totally without education. I had now a key to his manner and the expression of his countenance."—Featherstonhaugh: Excursion Through the Slave States, Vol. I., p. 167.

[296]Andrews: Slavery and the Domestic Slave Trade, pp. 136, 150.

Note:—It is interesting to compare Featherstonhaugh's characterization of Armfield, which is: "I looked steadily at the fellow, and recollecting him, found no longer any difficulty in accounting for such a compound of everything vulgar and revolting and totally without education. I had now a key to his manner and the expression of his countenance."—Featherstonhaugh: Excursion Through the Slave States, Vol. I., p. 167.

[297]Andrews: Sl. and Domestic Sl. Trade, p. 150.

[298]Featherstonhaugh: Excursion Through the Slave States, Vol. I., p. 128.

[299]Finch: Travels in the U.S. and Canada, p. 241.

[300]Adams: Southern View of Slavery, p. 77.

CHAPTER VII.

LAWS OF THE SOUTHERN STATES WITH REFERENCE TO IMPORTATION AND EXPORTATION OF SLAVES.

VIRGINIA.

The General Assembly of Virginia, 1778, enacted that "no slaves shall hereafter be imported into this commonwealth, by sea or land, nor shall any slave or slaves 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 after their removal:

"I. A.B. do swear that my removal to the State of Virginia was with no intention to evade the act for preventing the further importation ofslaves 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."[301]

This act did not apply to persons claiming slaves by descent, 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 travellers having slaves as necessary attendants.[302]

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 in 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 norsold. 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.[303]

In 1806 a law was passed totally prohibiting the introduction of slaves into Virginia.[304]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.[305]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. Any one 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 for evading the laws.[306]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.[307]

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 travellers.[308]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.[309]In 1796it was extended to 1799;[310]again extended in 1798 to 1801 (a); 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,[311]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.[312]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 any one 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, A.B., do swear that the slaves which I am carrying through this State are bona fide my property, and that I will not sell, hire or dispose ofsaid 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."[313]

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.[314]

No more laws regarding importation were passed until 1816. Then it was enacted that no slave 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 travellers 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 similarto that required by the law of 1802.[315]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 day 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.[316]Both the law of 1816 and that of 1817 were repealed in 1818.[317]

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 $1,000 and forfeiture of the slave.[318]This law was re-enacted in 1835,[319]and in 1847 it was amended to allow slaves to return who should go to Cuba, on board of any steamboat in the capacity of steward, cook, fireman, engineer, pilot, or mariner, provided he had visited none of the other restricted places.[320]It was amended again in 1848 and Baltimore and all ports on the Chesapeake Bay in the State of Maryland were placed on the same footing with regard to the importation of slaves as the States south of the Potomac.[321]

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 surety, in the sum of $100 current money for each slave, for the removing of such slave to the State from whencesuch 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 failure of a compliance therewith; and the person introducing such slave shall also, in case of such failure, forfeit and pay the sum of $200, to be recovered by any person suing for the same and applied to their use."[322]

A 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.[323]In 1795 emigrants 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.[324]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.[325]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."[326]

In 1817 the following was enacted:

"It shall not be lawful, except in cases hereinauthorized 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, lend, or mortgage. The act was not to extend to travellers.[327]This act was repealed in 1824 and slaves then were imported and disposed of without restriction.[328]The law of 1817 was revised in 1829; modified in 1836; again repealed in 1841; revived again in 1842.[329]

In 1835 a law was enacted making any one subject to fine and imprisonment who should bring into Georgia any male slave who had beento a non-slave-holding State or to any foreign country.[330]

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 slave-holding 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.[331]In 1852 so much of this law as had reference to importation of slaves was repealed and the act of 1817 was revived.[332]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.[333]

MARYLAND.

In 1783 Maryland prohibited the importation of slaves. It was amended in 1791 and also in1794.[334]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 thereupon immediately cease to be the property of the person or persons 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.[335]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 the State.[336]

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 peace 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, with a certificate endorsed thereupon under the seal of the county of the same being duly recorded."[337]

The following year (1818) a law was passed which provided that any slave convicted of a crime, which, in the judgment of the court shouldnot be punished by hanging, might be transported for sale.[338]In 1846 the legislature enacted that slaves, sentenced to the penitentiary should be publicly sold at the expiration of their service and transported.[339]

In 1831 a very restrictive law was enacted. It prohibited the introduction of slaves into the State either for sale or residence.[340]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.[341]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, accordingto age.[342]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.[343]

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.[344]Maryland continued open to the introduction of slaves.[345]

DELAWARE.

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."[346]

In 1787 a law was passed regulating the exportation of slaves. A permit was required to export negroes.[347]A law permitting the introduction of slaves who were devised or inherited was enacted. The law against exportation was made more severe.[348]

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.[349]In 1828 courts were given the right to sentence slaves for certain offenses to be exported. Those thus exported were not allowed to return to the State.[350]There were re-enactments in 1827 and in 1829 concerning the exportation of slaves.[351]In 1833 a law was passed to enable farmers to carry slavesinto Maryland to cultivate land without incurring any penalty.[352]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.[353]An act of Louisiana in 1810 was to prevent the introducing of slaves who had been guilty of crime.[354]

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 persons 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 immigrantscould bring in their own slaves, but were not allowed to hire, exchange or sell them within two years after such importation.[355]This act was repealed in 1828,[356]but in 1829 another law was passed which required that any one who should introduce slaves above twelve 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 ten years of age could not be brought in separate from their mother.[357]This was repealed March 24, 1831.[358]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.[359]It was amended during the same session and the States of Tennessee, Kentucky and Missouri were included in the prohibition.[360]It was repealed in 1834[361]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,[362]and the constitution of 1817 excluded slaves guilty of "high crimes in other States."[363]

The territorial act of 1808 made it unlawful"to expose for sale any slave above fifteen years of age without having previously exhibited to the chief justice of the Orphans' Court of the county where offered for sale, a certificate signed by two respectable freeholders 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 freeholders.... Such certificates aforesaid shall be registered with the register of the orphans' court where such slaves are sold, the seller taking oath that he believes said certificate is just and true."[364]

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 twenty dollars each. A certificate was required as in thelaw 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.[365]An act of 1822 reduced into one the several acts concerning slaves, free negroes and mulattoes, but no important changes were made with regard to the importation of slaves.[366]

The new constitution of 1832, like that of 1817, excluded slaves guilty of "high crime 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 eighteen hundred and thirty-three."[367]

This provision of the constitution gave rise to a great deal of litigation;[368]nor 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 into this State as merchandise, or for sale be, and the same is 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 collectable.[369]This law was repealed in 1846.[370]

ALABAMA.

The first law passed by Alabama concerning the importation of slaves was for the purpose of carrying into effect the laws of 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.[371]

But on January 13, 1827, it was enacted that "if any person or persons, 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 after 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 suingfor 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 five hundred dollars for each offense and shall be imprisoned not exceeding three months, at the discretion of the jury trying such offense."

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.[372]This law was repealed in 1829.[373]

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 thirty 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 travellers, nor to citizens temporarily removed from the State.[374]This was repealed December 4, 1832,[375]and no other prohibitive law was enacted.

KENTUCKY.

The laws passed by Virginia concerning importation of slaves prior to 1790 were in force in Kentucky until 1798.[376]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.[377]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."[378]

In 1833 it was enacted "That each and every person who shall hereafter import into this State any slave or slaves, or who 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 $600 for each slave so imported, sold or bought or whose service has been so contracted for."[379]

It was not to apply to immigrants provided they took the required oath; nor to citizens of Kentucky who derived their "title by will, descent, distribution, marriage, gift, or in consideration of marriage;" nor to travellers who could proveto the satisfaction of a jury that the slaves were for necessary attendance.[380]

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 cession of Tennessee to the United States in 1790 were continued in force in Tennessee.[381]

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 or slaves to this State with any view to the securing of the same against any rebellion or apprehension of rebellion, so help me God."[382]

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.[383]This act continued in force until 1855 when so much of it was repealed as related to the importation of slaves as merchandise.[384]

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 bringingfrom any of the United States, or from any of their territories, such persons as may there be deemed to be slaves, so long as any persons 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 this 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 heretofore may have been, or who hereafter may be imported from any foreign country into the United States or any territory thereof in contravention of any existing statue of the United States."[385]

The first constitutions of most of the other Southern States had provisions somewhat similar to these among which are Arkansas,[386]Florida,[387]and Texas.[388]

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[389]and against kidnapping in 1845.[390]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.[391]

Texas[392]and Florida[393]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 tobe 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 within 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."[394]

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