Act Prohibiting the Importation of Slaves
3/2/1807
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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.)
Twenty years later, President Thomas Jefferson, who himself held deeply contradictory beliefs about the morality and legality of slavery, signed this act "to prohibit the importation of slaves in any port or place within the jurisdiction of the United States, from and after the first day of January [1808.]" Jefferson and Congress hoped to settle finally one aspect of the contentious issue of slavery by ending the international slave trade.
The Act imposed heavy penalties on international traders, but did not end slavery itself or the domestic sale of slaves. Not only did it drive trade underground, but ships caught illegally trading were often brought into the United States and its passengers sold into slavery.
The Act imposed heavy penalties on international traders, but did not end slavery itself or the domestic sale of slaves. Not only did it drive trade underground, but ships caught illegally trading were often brought into the United States and its passengers sold into slavery.
Transcript
NINTH CONGRESS OF THE UNITED STATES;
At the Second Session,
Begun and held at the city of Washington, in the territory of Columbia, on Monday the first of December, one thousand eight hundred and six.
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.
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 in the coast thereof, having on board any negro, mulatto, or person of color 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 if 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 cruize on any port 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 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 seized, presented, 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 color, 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 color, 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 color, to the overseers of the [illegible] 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 color, and a descriptive list of the same, that he may give directions respecting such negroes, mulattoes, or persons of color.
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 color, to any port or place whatever, 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 labor, on penalty of forfeiting for every such negro, mulatto, or person of color, 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 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 color, (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 color, for the purpose of transporting them to be sold or disposed of as slaves, or to be held to service or labor, shall previous to the departure of such ship or vessel, make out and subscribe duplicate manifests of every such negro, mulatto, or person of color, 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 color, 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 labor; 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 the destination. And if any ship or vessel, being laden and destined as aforesaid, shall deposit 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 color, on board each 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 the arrival at the port of the destination, take on board any negro, mulatto, or person of color, other than specified in the manifests as aforesaid every such ship or vessel, together with the 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 moreever forfeit, for every such negro, mulatto, or person of color, 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 an 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 color, to sell or dispose of as slaves, or to be held to service or labor, 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 where 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 color, 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 described, or shall land, or put on shore any negro, mulatto, or person of color, 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 the use of any person or persons who shall sue for and prosecute the same to effect.
March 2, 1807.
Approved
[signed] Th. Jefferson
I certify that this act did originate in the Senate
[signed] Sam A. Otis Secretary
[signed] Nathl Macon Speaker of the House of Representatives
[signed] Geo Clinton, Vice President of the United States, and President of the Senate.
[upside down] 22
This primary source comes from the General Records of the United States Government.
National Archives Identifier: 7873517
Full Citation: An Act of March 2, 1807, 9th Congress, 2nd Session, 2 STAT 426, to Prohibit the Importation of Slaves; 3/2/1807; Folder 9, Leaf 87, Public Law, 9th Cong., 2nd Sess.: An Act to Prohibit the Importation of Slaves into Any Port or Place Within the Jurisdiction of the U.S. From and After Jan. 1, 1808, March 2, 1807; Enrolled Acts and Resolutions of Congress, 1789 - 2011; General Records of the United States Government, Record Group 11; National Archives Building, Washington, DC. [Online Version, https://docsteach.org/documents/document/act-prohibit-importation-slaves, April 25, 2025]Activities that use this document
- From Slavery to Juneteenth: Emancipation and Ending Enslavement
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