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An Act to Prohibit the Importation of Slaves (1807)
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 arid 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 Unified 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 im 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
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The U. S. Constitution
