Abigail Smith Adams to John Adams, September 22, 1774

Boston Garison Sepbr. 22 1774

I have just returnd from a visit to my Brother, with my Father who carried me there the day before yesterday, and call'd here in my return to see this much injured Town. I view it with much the same sensations that I should the body of a departed Friend, only put of[f] its present Glory, for to rise finally to a more happy State. I will not despair, but will believe that our cause being good we shall finally prevail. The Maxim in time of peace prepair for war, (if this may be call'd a time of peace) resounds throughout the Country. Next tuesday they are warned at Braintree all above 15 and under 60 to attend with their arms, and to train once a fortnight from that time, is a Scheme which lays much at heart with many.

Scot has arrived, and brings news that he expected to find all peace and Quietness here as he left them at home. You will have more particuliars than I am able to send you, from much better hands. There has been in Town a conspiracy of the Negroes. At present it is kept pretty private and was discoverd by one who endeavourd to diswaid them from it—he being threatned with his life, applied to justice Quincy for protection. They conducted in this way—got an Irishman to draw up a petition letting to the Govener telling him they would fight for him provided he would arm them and engage to liberate them if he conquerd, and it is said that he attended so much to it as to consult Pircy upon it, and one [Lieut.?] Small has been very buisy and active. There is but little said, and what Steps they will take in consequence of it I know not. I wish most sincerely there was not a Slave in the province. It allways appeard a most iniquitious Scheme to me—fight ourselfs for what we are daily robbing and plundering from those who have as good a right to freedom as we have. You know my mind upon this Subject.

I left all our little ones well, and shall return to them to night. I hope to hear from you by the return of the bearer of this and by Revere. I long for the Day of your return, yet look upon you much safer where you are, but know it will not do for you. Not one action has been brought to this court, no buisness of any sort in your way. All law ceases, and the Gosple will soon follow, for they are supporters of each other. Adieu. My Father hurries me. Yours most sincerely,

Abigail Adams

SOURCE: Massachusetts Historical Society, The Adams Family Papers: An Electronic Archive, https://www.masshist.org/digitaladams/archive/doc?id=L17740922aa, accessed April 29, 2024

 

Diary of William Howard Russell: May 30, 1861

Wrote in the heat of the day, enlivened by my neighbor, a wonderful mocking-bird, whose songs and imitations would make his fortune in any society capable of appreciating native-born genius. His restlessness, courage, activity, and talent, ought not to be confined to Mr. Mure's cage, but he seems contented and happy. I dined with Madame and M. Milten-berger, and drove out with them to visit the scene of our defeat in 1815, which lies at the distance of some miles down the river.

A dilapidated farm-house surrounded by trees and negro huts, marks the spot where Pakenham was buried, but his body was subsequently exhumed and sent home to England. Close to the point of the canal which constitutes a portion of the American defences, a negro guide came forth to conduct us round the place, but he knew as little as most guides of the incidents of the fight. The most remarkable testimony to the severity of the fire to which the British were exposed, is afforded by the trees in the neighborhood of the tomb. In one live-oak there are no less than eight round shot embedded; others contain two or three, and many are lopped, rent, and scarred by the flight of cannon-ball, The American lines extended nearly three miles, and were covered in the front by swamps, marshes, and water cuts, their batteries and the vessels in the river enfiladed the British as they advanced to the attack.

Among the prominent defenders of the cotton bales was a notorious pirate and murderer named Lafitte, who with his band was released from prison on condition that he enlisted in the defence, and did substantial service to his friends and deliverers.

Without knowing all the circumstances of the case, it would be rash now to condemn the officers who directed the assault; but so far as one could judge from the present condition of the ground, the position must have been very formidable, and should not have been assaulted till the enfilading fire was subdued, and a very heavy covering fire directed to silence the guns in front. The Americans are naturally very proud of their victory, which was gained at a most trifling loss to themselves, which they erroneously conceive to be a proof of their gallantry in resisting the assault. It is one of the events which have created a fixed idea in their minds that they are able to “whip the world.”

On returning from my visit I went to the club, where I had a long conversation with Dr. Rushton, who is strongly convinced of the impossibility of carrying on government, or conducting municipal affairs, until universal suffrage is put down. He gave many instances of the terrorism, violence, and assassinations which prevail during election times in New Orleans. M. Miltenberger, on the contrary, thinks matters are very well as they are, and declares all these stories are fanciful. Incendiarism rife again. All the club windows crowded with men looking at a tremendous fire, which burned down three or four stores and houses.

SOURCE: William Howard Russell, My Diary North and South, p. 242-3

James A. Garfield’s Inaugural Address, March 4, 1881

fellow-citizens — We stand to-day upon an eminence which overlooks a hundred years of national life, a century crowded with perils, but crowned with triumphs of liberty and love. Before continuing the onward march let us pause on this height for a moment to strengthen our faith and renew our hope by a glance at the pathway along which our people have traveled.

It is now three days more than a hundred years since the adoption of the first written Constitution of the United States, the Articles of Confederation and Perpetual Union. The new Republic was then beset with danger on every hand. It had not conquered a place in the family of Nations. The decisive battle of the war for independence, whose centennial anniversary will soon be gratefully celebrated at Yorktown, had not yet been fought. The colonists were struggling, not only against the armies of Great Britain, but against the settled opinions of mankind, for the world did not believe that the supreme authority of government could be safely intrusted to the guardianship of the people themselves. We can not overestimate the fervent love, the intelligent courage, the saving common sense with which our fathers made the great experiment of self-government.

When they found, after a short time, that the Confederacy of States was too weak to meet the necessities of a glorious and expanding Republic, they boldly set it aside, and in its stead established a National Union, founded directly upon the will of the people, endowed with powers of self-preservation, and with ample authority for the accomplishment of its great objects.

Under this Constitution the boundaries of freedom are enlarged, the foundations of order and peace have been strengthened, and the growth in all the better elements of National life have vindicated the wisdom of the founders and given new hope to their descendants.

Under this Constitution our people long ago made themselves safe against danger from without, and secured for their mariners and flag equality of rights on all the seas. Under this Constitution twenty-five States have been added to the Union, with constitutions and laws framed and enforced by their own citizens to secure the manifold blessings of local and self-government.

The jurisdiction of this Constitution now covers an area fifty times greater than that of the original thirteen states, and a population twenty times greater than that of 1780. The trial of the Constitution came at last under the tremendous pressure of civil war.

We ourselves are witnesses that the Union emerged from the blood and fire of that conflict, purified and made stronger for all the beneficent purposes of good government, and now at the close of this, the first century of growth, with the inspirations of its history in their hearts, our people have lately reviewed the condition of the Nation, passed judgment upon the conduct and opinions of the political parties, and have registered their will concerning the future administration of the Government. To interpret and to execute that will in accordance with the Constitution is the paramount duty of the Executive. Even from this brief review it is manifest that the Nation is resolutely facing to the front, a resolution to employ its best energies in developing the great possibilities of the future. Sacredly preserving whatever has been gained to liberty and good government during the century, our people are determined to leave behind them all those bitter controversies concerning things which have been irrevocably settled, further discussion of which can only stir up strife and delay the onward march. The supremacy of the Nation and its laws should be no longer the subject of debate. That discussion, which for half a century threatened the existence of the Union, was closed at last in the high court of war by a decree from which there is no appeal: that the Constitution and the laws made in pursuance thereof shall continue to be the supreme law of the land, binding alike on the States and the people. This decree does not disturb the autonomy of the States, nor interfere with any of their necessary rules of local self-government, but it does fix and establish the permanent supremacy of the Union.

The will of the Nation, speaking with the voice of battle and through the amended Constitution, has fulfilled the great promise of 1776 by proclaiming “Liberty throughout the land to all the inhabitants thereof.”

The elevation of the negro race from slavery to full rights of citizenship, is the most important political change we have known since the adoption of the Constitution of 1776.

No thoughtful man can fail to appreciate its beneficent effect upon our people. It has freed us from the perpetual danger of war and dissolution; it has added immensely to the moral and industrial forces of our people; it has liberated the master as well as the slave from a relation which wronged and enfeebled both.

It has surrendered to their own guardianship the manhood of more than five millions of people, and has opened to each of them a career of freedom and usefulness. It has given new inspiration to the power of self-help in both races by making labor more honorable to one and more necessary to the other.

The influence of this force will grow greater and bear richer fruit with coming years. No doubt the great change has caused serious disturbance to the Southern community — this is to be deplored, though it was unavoidable; but those who resisted the change should remember that in our institutions there was no middle ground for the negro race between slavery and equal citizenship. There can be no permanent disfranchised peasantry in the United States. Freedom can never yield its fullness of blessing as long as law or its administration places the smallest obstacle in the pathway of any virtuous citizenship.

The emancipated race has already made remarkable progress. With unquestionable devotion to the Union, with a patience and gentleness not born of fear, they have followed the light as God gave them to see the light.'

They are rapidly laying the material foundation for self-support, widening their circle of intelligence, and beginning to enjoy the blessings that gather around the homes of the industrious poor. They deserve the generous encouragement of all good men.

So far as my authority can lawfully extend, they shall enjoy full and equal protection of the Constitution and laws. The free enjoyment of equal suffrage is still in question, and a frank statement of the issue may aid its solution.

It is alleged that in many communities negro citizens are practically denied freedom of the ballot. In so far as the truth of this allegation is admitted, it is answered that in many places honest local government is impossible if the mass of uneducated negroes are allowed to vote. These are grave allegations.

So far as the latter is true, it is no palliation that can be offered for opposing the freedom of the ballot. Bad local government is certainly a great evil which ought to be prevented, but to violate the freedom and sanctity of suffrage is more than an evil, it is a crime, which, if persisted in, will destroy the Government itself. Suicide is not a remedy.

If in other lands it be high treason to compass the death of a king, it should be counted no less a crime here to strangle our sovereign power and stifle its voice. It has been said that unsettled questions have no pity for the repose of nations. It should be said, with the utmost emphasis, that this question of suffrage will never give repose or safety to the States or to the Nation, until each, within its own jurisdiction, makes and keeps the ballot free and pure by strong sanctions of law.

But the danger which arises from ignorance in voters can not be denied. It covers a field far wider than that of negro suffrage and the present condition of that race. It is a danger that lurks and hides in the sources and fountains of power in every State. We have no standard by which to measure the disaster that may be brought upon us by ignorance and vice in citizens when joined to corruption and fraud in suffrage. The voters of the Union, who make and unmake constitutions, and upon whose will hangs the destiny of our government, can transmit their supreme authority to no successor save the coming generation of voters, who are the sole heirs of sovereign power. If that generation comes to its inheritance blinded by ignorance and corrupted by vice, the fall of the Republic will be certain and remediless. The census has already sounded the alarm in appalling figures, which mark how dangerously high the tide of illiteracy has arisen among our voters and their children. To the South the question is of supreme importance, but the responsibility for its existence and for slavery does not rest upon the South alone.

The Nation itself is responsible for the extension of suffrage, and is under special obligations to aid in removing the illiteracy which it has added to the voting population. For North and South alike there is but one remedy: All the Constitutional power of the Nation and of the States, and all the volunteer forces of the people, should be summoned to meet this danger by the saving influence of universal education. It is the high privilege and sacred duty of those now living to educate their successors, and fit them, by intelligence and virtue, for the inheritance which awaits them. In this beneficent work section and race should be forgotten, and partisanship should be unknown. Let our people find a new meaning in the divine oracle which declares that “a little child shall lend them,” for our little children will soon control the destinies of the Republic.

My countrymen, we do not now differ in our judgment concerning the controversies of the past generations, and fifty years hence our children will not be divided in their opinions concerning our controversies; they will surely bless their fathers — and their fathers’ God — that the Union was preserved; that slavery was overthrown, and that both races were made equal before the law. We may hasten on, we may retard, but we can not prevent the final reconciliation.

Is it not possible for us now to make a truce with time by anticipating and accepting its inevitable verdict? Enterprises of the highest importance to our moral and material well-being invite us, and offer ample scope for the enjoyment of our best powers.

Let all our people, leaving behind them the battle-fields of dead issues, move forward, and in the strength of liberty and restored union win the grandest victories of peace. The prosperity which now prevails is without parallel in our history. Fruitful seasons have done much to secure it, but they have not done all.

The preservation of public credit and the resumption of specie payments, so successfully obtained by the administration of my predecessors, have enabled our people to secure the blessings which the seasons brought.

By the experience of commercial relations in all ages it has been found that gold and silver afforded the only safe foundation for a monetary system. Confusion has recently been created by variations in the relative value of the two metals; but I confidently believe that arrangements can be made between the leading commercial nations which will secure the general use of both metals. Congress should provide that the compulsory coinage of silver, now required by law, may not disturb our monetary system by driving either metal out of circulation.

If possible, such adjustment should be made that the purchasing power of every coined dollar will be exactly equal to its debt-paying power in all the markets of the world. The chief duty of a National Government, in connection with the currency of the country, is to coin and declare its value. Grave doubts have been entertained whether Congress is authorized by the Constitution to make any form of paper money legal-tender.

The present issue of United States notes has been sustained by the necessities of war; but such paper should depend for its value and currency upon its convenience in use and its prompt redemption in coin at the will of the holder, and not upon its compulsory circulation. These notes are not money, but promises to pay money. If the holders demand it, the promises should be kept. The refunding of the National' debt at a low rate of interest should be accomplished without compelling the withdrawal of National bank notes, and thus disturbing the business of the country.

I venture to refer to the position I have occupied on the financial question during a long service in Congress, and to say that time and experience have strengthened the opinions I have so often expressed on these subjects. The finances of the Government shall suffer no detriment which it may be possible for my administration to prevent.

The interests of agriculture deserve more attention from the Government than they have yet received. The farms of the United States afford homes and employment for more than one-half of our people, and furnish much the largest part of all our exports. As the Government lights our coasts for the protection of the mariners and the benefit of our commerce, so it should give to the tillers of the soil the lights of practical science and experience.

Our manufacturers are rapidly making us industrially independent, and are opening to capital and labor new and profitable fields of employment. This steady and healthy growth should still be maintained. Our facilities for transportation should be promoted by the continued improvement of our harbors and the great interior water-ways and by the increase of our tonnage on the ocean.

The development of the world's commerce has led to an urgent demand for a shortening of the great sea voyage around Cape Horn by constructing ship-canals or railways across the Isthmus which unites the two continents. Various plans to this end have been suggested and will need consideration, but none of them have been sufficiently matured to warrant the United States in extending pecuniary aid.

The subject is one which will immediately engage the attention of the Government with a view to a thorough protection of American interests. We will argue no narrow policy, nor seek peculiar or exclusive privileges in any commercial route; but, in the language of my predecessors, I believe it to be “the right and duty of the United States to assert and maintain such supervision and authority over any inter-oceanic canal across the Isthmus that connects North and South America as will protect our National interests.”

The Constitution guarantees absolute religious freedom. Congress is prohibited from making any laws respecting the establishment of religion or prohibiting free exercise thereof.

The Territories of the United States are subject to the direct legislative authority of Congress, and hence the General Government is responsible for any violation of the Constitution in any of them. It is, therefore, a reproach to the Government that in the most populous of the Territories this constitutional guarantee is not enjoyed by the people, and the authority of Congress is set at naught. The Mormon Church not only offends the moral sense of mankind by sanctioning polygamy, but prevents the administration of justice through the ordinary instrumentalities of the law.

In my judgment it is the duty of Congress, while respecting to the utmost the conscientious convictions and religious scruples of every citizen, to prohibit within its jurisdiction all criminal practices, especially of that class which destroy family relations and endanger social order. Nor can any ecclesiastical organization be safely permitted to usurp in the smallest degree the functions and powers of the National Government.

The Civil Service can never be placed on a satisfactory basis until it is regulated by law, for the good of the service itself. For the protection of those who are intrusted with the appointing power against a waste of time and obstruction of public business, caused by the inordinate pressure for place, and for the protection of incumbents against intrigue and wrong, I shall, at the proper time, ask Congress to fix the tenure of minor offices of the several Executive Departments, and prescribe the grounds upon which removals shall be made during the terms for which the incumbents have been appointed.

Finally, acting always within the authority and limitations of the Constitution, invading neither the rights of States nor the reserved rights of the people, it will be the purpose of my administration to maintain the authority, and in all places within its jurisdiction, to enforce obedience to all laws of the Union; in the interests of the people, to demand rigid economy in all the expenditures of the Government, and to require honest and faithful service of all executive officers, remembering that offices were created not for the benefit of the incumbents or their supporters, but for the service of the Government.

And now, fellow-citizens, I am about to assume the great trust which you have committed to my hands. I appeal to you for that earnest and thoughtful support which makes this Government in fact, as it is in law, a government of the people. I shall greatly rely upon the wisdom and patriotism of Congress and of those who may share with me the responsibilities and duties of the administration, and upon our efforts to promote the welfare of this great people and their Government I reverently invoke the support and blessing of Almighty God.

SOURCE: Burke A. Hinsdale, Editor, The Works of James Abram Garfield, Volume 2, p. 788-95

Alexander Hamilton to John Jay, March 14, 1779

Head Quarters, March 14, 1779.

Dear Sir:

Colonel Laurens, who will have the honor of delivering you this letter, is on his way to South Carolina, on a project which I think, in the present situation of affairs there, is a very good one, and deserves every kind of support and encouragement. This is, to raise two, three, or four battalions of negroes, with the assistance of the government of that State, by contributions from the owners, in proportion to the number they possess. If you should think proper to enter upon the subject with him, he will give you a detail of his plan. He wishes to have it recommended by Congress to the State; and, as an inducement, that they would engage to take their battalions into Continental pay.

It appears to me, that an expedient of this kind, in the present state of Southern affairs, is the most rational that can be adopted, and promises very important advantages. Indeed, I hardly see how a sufficient force can be collected in that quarter without it: and the enemy's operations there are growing infinitely serious and formidable. I have not the least doubt, that the negroes will make very excellent soldiers, with proper management: and I will venture to pronounce, that they cannot be put in better hands than those of Mr. Laurens. He has all the zeal, intelligence, enterprise, and every other qualification, requisite to succeed in such an undertaking. It is a maxim with some great military judges, that, with sensible officers, soldiers can hardly be too stupid: and, on this principle, it is thought that the Russians would make the best soldiers in the world, if they were under other officers than their own. The King of Prussia is among the number who maintains this doctrine, and has a very emphatic saying on the occasion, which I do not exactly recollect. I mention this because I have frequently heard it objected to the scheme of embodying negroes, that they are too stupid to make soldiers. This is so far from appearing to me a valid objection, that I think their want of cultivation (for their natural faculties are as good as ours), joined to that habit of subordination which they acquire from a life of servitude, will enable them sooner to become soldiers than our white inhabitants. Let officers be men of sense and sentiment; and the nearer the soldiers approach to machines, perhaps the better.

I foresee that this project will have to combat much opposition from prejudice and self-interest. The contempt we have been taught to entertain for the blacks, makes us fancy many things that are founded neither in reason nor experience; and an unwillingness to part with property of so valuable a kind, will furnish a thousand arguments to show the impracticability, or pernicious tendency, of a scheme which requires such sacrifices. But it should be considered, that if we do not make use of them in this way, the enemy probably will; and that the best way to counteract the temptations they will hold out, will be, to offer them ourselves. An essential part of the plan is, to give them their freedom with their swords. This will secure their fidelity, animate their courage, and, I believe, will have a good influence upon those who remain, by opening a door to their emancipation. This circumstance, I confess, has no small weight in inducing me to wish the success of the project; for the dictates of humanity, and true policy, equally interest me in favor of this unfortunate class of men.

While I am on the subject of southern affairs, you will excuse the liberty I take in saying, that I do not think measures sufficiently vigorous are pursuing for our defence in that quarter. Except the few regular troops of South Carolina, we seem to be relying wholly on the militia of that and the two neighboring States. These will soon grow impatient of service, and leave our affairs in a miserable situation. No considerable force can be uniformly kept up by militia; to say nothing of the many obvious and well-known inconveniences that attend this kind of troops. I would beg leave to suggest, Sir, that no time ought to be lost in making a draught of militia to serve a twelvemonth, from the States of North and South Carolina and Virginia. But South Carolina, being very weak in her population of whites, may be excused from the draught, on condition of furnishing the black battalions. The two others may furnish about three thousand five hundred men, and be exempted, on that account, from sending any succors to this army. The States to the northward of Virginia, will be fully able to give competent supplies to the army here; and it will require all the force and exertions of the three States I have mentioned, to withstand the storm which has arisen, and is increasing in the South.

The troops draughted, must be thrown into battalions, and officered in the best possible manner. The supernumerary officers may be made use of as far as they will go. If arms are wanted for their troops, and no better way of supplying them is to be found, we should endeavor to levy a contribution of arms upon the militia at large. Extraordinary exigencies demand extraordinary means. I fear this southern business will become a very grave one.

With the truest respect and esteem,

I am, Sir, your most obedient servant,

Alex. Hamilton.

His Excell'y John Jay,

President of Congress.

SOURCE: John C. Hamilton, Editor, The Works of Alexander Hamilton, Volume 1, p. 76-78

An Act to Prohibit the Importation of Slaves

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