Act Prohibiting the Importation of Slaves

By the time of the Constitutional Convention in 1787, only Georgia still participated in the international slave trade, which had been abolished during the Revolution as part of the ban against trade with England. Nonetheless, Southern states were determined to protect the slave trade. A compromise, Article 1, Section 9 of the Constitution placed a possible time limit on the international trade, but did not end it. (It stated that Congress could not prohibit the "importation" of persons prior to 1808.)

Transcript

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 color, with intent to hold, sell, or dispose of such negro, mulatto, or person of color, as a slave, or to be held to service or labor.

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 color, 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, persecuted, 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, filling 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 tot he 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 color, 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 labor, 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 color 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 the 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 color, nor to the service or labor 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 regulation, 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 color.

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 color, with intent to sell him, her, or them, for a slave or slaves, or to be held to services or labor, 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 color, so transported as aforesaid, for a slave, or to be held to a service or labor, 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 color, for a slave or to be held to service or labor, 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 color, 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 color, 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 color, 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 pursuant of this act, and the constitution of the United States.