In 1817 a law was passed regulating the exportation of slaves as follows:
"That whenever any person shall purchase any slave or slaves within this State, for the purpose of exporting or removing the same beyond the limits of this State, it shall be their duty to take from the seller a bill of sale for said slave or slaves, in which the age and distinguishing marks as nearly as may be, and the name of such slave or slaves shall be inserted and the same shall be acknowledged before some justice of the peace of the county where the sale shall be made and lodged to be recorded in the office of the clerk of the said county, within twenty days, and the clerk shall immediately on the receipt thereof, actually record the same and deliver a copy thereof on demand to the purchaser, with a certificate endorsed thereupon under the seal of the county of the same being duly recorded."[337]
The following year (1818) a law was passed which provided that any slave convicted of a crime, which, in the judgment of the court should not be punished by hanging, might be transported for sale.[338] In 1846 the legislature enacted that slaves, sentenced to the penitentiary should be publicly sold at the expiration of their service and transported.[339]
In 1831 a very restrictive law was enacted. It prohibited the introduction of slaves into the State either for sale or residence.[340] The restrictive policy did not continue long, for in 1833 the barrier to the introduction of slaves for residence was withdrawn. Persons removing to the State with the intention of becoming citizens were required to pay a tax on every slave introduced for the benefit of the State Colonization Society.[341] This act was supplemented by another in 1839. Immigrants were required to make affidavit that it was their intention to become citizens of the State, and to pay a tax on their slaves imported from five to fifteen dollars, according to age.[342] In 1847 a provision was made to allow guardians, executors and trustees residing in the State to bring in slaves appointed by a last will.[343]
In 1850 all laws against the importation of life slaves was repealed except such as extended to those who were slaves for a term of years or those convicted of crime in another State.[344] Maryland continued open to the introduction of slaves.[345]
DELAWARE.
Delaware has the distinction of being the only one of the original Southern States to embody a declaration unfavorable to the importation of slaves in her first constitution. In that of 1776 she says:
"No person hereafter imported into this State from Africa ought to be held in slavery under any pretense whatever; and no negro, Indian, or mulatto ought to be brought into this State for sale from any part of the world."[346]
In 1787 a law was passed regulating the exportation of slaves. A permit was required to export negroes.[347] A law permitting the introduction of slaves who were devised or inherited was enacted. The law against exportation was made more severe.[348]
In 1793 another law was enacted to further regulate the exportation of slaves. It only made a slight change. Any negro exported contrary to the act was to have his freedom.[349] In 1828 courts were given the right to sentence slaves for certain offenses to be exported. Those thus exported were not allowed to return to the State.[350] There were re-enactments in 1827 and in 1829 concerning the exportation of slaves.[351] In 1833 a law was passed to enable farmers to carry slaves into Maryland to cultivate land without incurring any penalty.[352] There seems to have been no more enactments of Delaware concerning importation or exportation of slaves.