colony; and that the "Produces designed to be raised in the Colony would not require such Labour as to make Negroes necessary for carrying them on."[2]
This policy greatly displeased the colonists, who from 1735, the date of the first law, to 1749, did not cease to clamor for the repeal of the restrictions.[3] As their English agent said, they insisted that "In Spight of all Endeavours to disguise this Point, it is as clear as Light itself, that Negroes are as essentially necessary to the Cultivation of Georgia, as Axes, Hoes, or any other Utensil of Agriculture."[4] Meantime, evasions and infractions of the laws became frequent and notorious. Negroes were brought across from Carolina and "hired" for life.[5] "Finally, purchases were openly made in Savannah from African traders: some seizures were made by those who opposed the principle, but as a majority of the magistrates were favorable to the introduction of slaves into the province, legal decisions were suspended from time to time, and a strong disposition evidenced by the courts to evade the operation of the law."[6] At last, in 1749, the colonists prevailed on the trustees and the government, and the trade was thrown open under careful restrictions, which limited importation, required a registry and quarantine on all slaves brought in, and laid a duty.[7] It is probable, however, that these restrictions were never enforced, and that the trade thus established continued unchecked until the Revolution.
5. Restrictions in South Carolina.[8] South Carolina had the largest and most widely developed slave-trade of any of
the continental colonies. This was owing to the character of her settlers, her nearness to the West Indian slave marts, and the early development of certain staple crops, such as rice, which were adapted to slave labor.[9] Moreover, this colony suffered much less interference from the home government than many other colonies; thus it is possible here to trace the untrammeled development of slave-trade restrictions in a typical planting community.
As early as 1698 the slave-trade to South Carolina had reached such proportions that it was thought that "the great number of negroes which of late have been imported into this Collony may endanger the safety thereof." The immigration of white servants was therefore encouraged by a special law.[10] Increase of immigration reduced this disproportion, but Negroes continued to be imported in such numbers as to afford considerable revenue from a moderate duty on them. About the time when the Assiento was signed, the slave-trade so increased that, scarcely a year after the consummation of that momentous agreement, two heavy duty acts were passed, because "the number of Negroes do extremely increase in this Province, and through the afflicting providence of God, the white persons do not proportionately multiply, by reason whereof, the safety of the said Province is greatly endangered."[11]
The trade, however, by reason of the encouragement abroad and of increased business activity in exporting naval stores at home, suffered scarcely any check, although repeated acts, reciting the danger incident to a "great importation of Negroes," were passed, laying high duties.[12] Finally, in 1717, an additional duty of £40,[13] although due in depreciated currency, succeeded so nearly in stopping the trade that, two years later, all existing duties were repealed and one of £10 substituted.[14] This continued during the time of resistance to the proprietary government, but by 1734 the importation had again reached large proportions. "We must therefore beg leave," the colonists write in that year, "to inform your Majesty, that, amidst our other perilous circumstances, we are subject to many intestine dangers from the great number of negroes that are now among us, who amount at least to twenty-two thousand persons, and are three to one of all your Majesty's white subjects in this province. Insurrections against us have been often attempted."[15] In 1740 an insurrection under a slave, Cato, at Stono, caused such widespread alarm that a prohibitory duty of £100 was immediately laid.[16] Importation was again checked; but in 1751 the colony sought to devise a plan whereby the slightly restricted immigration of Negroes should provide a fund to encourage the importation of white servants, "to prevent the mischiefs that may be attended by the great importation of negroes into this Province."[17] Many white servants were thus encouraged to settle in the colony; but so much larger was the influx of black slaves that the colony, in 1760, totally prohibited the slave-trade. This act was promptly disallowed by the Privy Council and
the governor reprimanded;[18] but the colony declared that "an importation of negroes, equal in number to what have been imported of late years, may prove of the most dangerous consequence in many respects to this Province, and the best way to obviate such danger will be by imposing such an additional duty upon them as may totally prevent the evils."[19] A prohibitive duty of £100 was accordingly imposed in 1764.[20] This duty probably continued until the Revolution.
The war made a great change in the situation. It has been computed by good judges that, between the years 1775 and 1783, the State of South Carolina lost twenty-five thousand Negroes, by actual hostilities, plunder of the British, runaways, etc. After the war the trade quickly revived, and considerable revenue was raised from duty acts until 1787, when by act and ordinance the slave-trade was totally prohibited.[21] This prohibition, by renewals from time to time, lasted until 1803.
6. Restrictions in North Carolina. In early times there were few slaves in North Carolina;[22] this fact, together with the troubled and turbulent state of affairs during the early colonial period, did not necessitate the adoption of any settled policy toward slavery or the slave-trade. Later the slave-trade to the colony increased; but there is no evidence of any effort to restrict or in any way regulate it before 1786, when it was declared that "the importation of slaves into this State is productive of evil consequences and highly impolitic,"[23] and a prohibitive duty was laid on them.
7. Restrictions in Virginia.[24] Next to South Carolina, Virginia had probably the largest slave-trade. Her situation,