The Domestic Slave Trade of the Southern States

by Winfield H. Collins

In 1792 South Carolina passed a law to prohibit for two years the importation of slaves from Africa, or from "other places beyond the seas;" it also prohibited the introduction of slaves who were bound for a term of years in any of the United States. An exception, however, was made of citizens who might acquire slaves by marriage, or actual settlers in the State and of travellers.[308] This act was revised in 1794 and extended to 1797. As revised it totally prohibited the introduction of slaves into South Carolina from all places from without the United States.[309] In 1796 it was extended to 1799;[310] again extended in 1798 to 1801 (a); and in 1800 it was again extended to 1803. In 1800, also, an act was passed totally prohibiting the introduction of slaves into the State except by immigrants,[311] and in 1801 it was made even more stringent: Any slaves brought in were to be sold by the sheriff of the district in which they were found upon the order of the court.[312] It was found that the acts of 1800 and 1801 were too rigorous and inconvenient. In 1802 that part of the laws which prevented citizens of other States from carrying their own slaves through South Carolina was repealed. It was provided that any one who wished to pass through the State with slaves might do so; but near the place where he was to enter the State he should take the following oath before a magistrate or quorum:

"I, A.B., do swear that the slaves which I am carrying through this State are bona fide my property, and that I will not sell, hire or dispose of said slaves, or either of them, to any resident or citizen, or body corporate or public, or any other person or persons whomsoever, within the State of South Carolina, but will travel directly to the place where I intend to move."[313]

In 1803 an act repealing and amending former acts on the importation of slaves was enacted. The introduction of negroes from the West Indies or South America was prohibited; and from any of the other States unless with a certificate of good character. There was no restriction with respect to Africa.[314]

No more laws regarding importation were passed until 1816. Then it was enacted that no slave should be brought into the State "from any of the United States or territories or countries bordering thereon." The only exception was in favor of travellers with not more than two slaves, or settlers on their way to other States, who, before entering South Carolina, were required to take an oath with regard to their slaves similar to that required by the law of 1802.[315] This law was amended in 1817 in part as follows:

"That every inhabitant of this State who was bona fide entitled in his or her own right or in the right of his wife, to any slave or slaves on the 19th day of December, 1816, or hereafter shall become entitled to any such slave, by inheritance or marriage, shall be permitted to bring them in" on certain conditions.[316] Both the law of 1816 and that of 1817 were repealed in 1818.[317]

In 1823 South Carolina made it lawful to bring into the State any slave from the "West Indies, South America, or from Europe, or from any sister State which may be situated to the North of the Potomac River or the City of Washington." No slave was allowed to return to South Carolina who had been carried out of the State and had visited any of these places. The penalty was severe, it being $1,000 and forfeiture of the slave.[318] This law was re-enacted in 1835,[319] and in 1847 it was amended to allow slaves to return who should go to Cuba, on board of any steamboat in the capacity of steward, cook, fireman, engineer, pilot, or mariner, provided he had visited none of the other restricted places.[320] It was amended again in 1848 and Baltimore and all ports on the Chesapeake Bay in the State of Maryland were placed on the same footing with regard to the importation of slaves as the States south of the Potomac.[321]

NORTH CAROLINA.

In 1786 North Carolina passed her first law to restrict the importation of slaves from other States. It was as follows:

"Every person who shall introduce into this State any slave from any of the United States, which have passed laws for the liberation of slaves, shall, on complaint thereof before any justice of the peace be compelled by such justice to enter into bond with sufficient surety, in the sum of $100 current money for each slave, for the removing of such slave to the State from whence such slave was brought, within three months thereafter, the penalty to be recovered, one-half for the use of the State, the other half for the use of the prosecutor, or failure of a compliance therewith; and the person introducing such slave shall also, in case of such failure, forfeit and pay the sum of $200, to be recovered by any person suing for the same and applied to their use."[322]

A law of 1794 prohibited the introduction of slaves and indentured servants of color. Exceptions were made of slave owners coming to the States to reside and of citizens of North Carolina inheriting slaves in other States.[323] In 1795 emigrants from the West Indies, Bahama Islands, French, Dutch and Spanish settlements on the southern coast of America, were prevented from bringing in slaves who were more than fifteen years of age. An act of 1776, however, allowed slaves to be brought in who belonged to residents near the Virginia and South Carolina boundaries.[324] A law was passed in 1816 which provided that slaves brought into North Carolina from foreign countries contrary to the act of Congress of 1807, to be sold. No more laws concerning importation were passed after the repeal of the laws against importation about 1818.