The Domestic Slave Trade of the Southern States

by Winfield H. Collins

LOUISIANA.

The act of Congress in 1804 erecting Louisiana into a territory prohibited the introduction of slaves into it from without the United States. Only slaves imported before May 1, 1798, could be introduced, and those had to be slaves of actual settlers.[353] An act of Louisiana in 1810 was to prevent the introducing of slaves who had been guilty of crime.[354]

It was not until 1826 that Louisiana as a State passed any law against the introduction of slaves as merchandise. But this year it was enacted "That no person or persons shall after the first day of June 1826, bring into this State any slave or slaves with the intention to sell or hire the same." Citizens of Louisiana and immigrants could bring in their own slaves, but were not allowed to hire, exchange or sell them within two years after such importation.[355] This act was repealed in 1828,[356] but in 1829 another law was passed which required that any one who should introduce slaves above twelve years of age to have a certificate for each slave, signed by two respectable and well known freeholders of the county from which the slaves were brought, accompanied with their declaration on oath that the slaves had never been guilty of crime, and that they were of good character. Children under ten years of age could not be brought in separate from their mother.[357] This was repealed March 24, 1831.[358] Almost immediately after the Southampton Massacre in Virginia, Louisiana called an extra session of her legislature. The only important act of the session was an act prohibiting importation of slaves for sale or hire. Immigrants and citizens were prohibited from bringing in slaves from Alabama, Mississippi, Florida and Arkansas. Those permitted to be brought in could not be sold or hired within five years. A certificate as in the law of 1829 was also required.[359] It was amended during the same session and the States of Tennessee, Kentucky and Missouri were included in the prohibition.[360] It was repealed in 1834[361] and no other law with respect to the importation of slaves was ever enacted by Louisiana.

MISSISSIPPI.

The Act of Congress in 1798, establishing a government in the Mississippi Territory prohibited the importation of slaves from without the United States,[362] and the constitution of 1817 excluded slaves guilty of "high crimes in other States."[363]

The territorial act of 1808 made it unlawful "to expose for sale any slave above fifteen years of age without having previously exhibited to the chief justice of the Orphans' Court of the county where offered for sale, a certificate signed by two respectable freeholders living in the county from whence the slave was brought, describing the stature, complexion, sex, name, and not to have been guilty of any murder, crime, arson, burglary, felony, larceny to their knowledge or belief where he came from, which certificate shall be signed and acknowledged before the clerk of the county from whence he came, and certification by said clerk that those whose names are prefixed are respectable freeholders.... Such certificates aforesaid shall be registered with the register of the orphans' court where such slaves are sold, the seller taking oath that he believes said certificate is just and true."[364]

In 1819 another act was passed to amend the law of 1808. Slaves brought into the State as merchandise were made subject to a tax of twenty dollars each. A certificate was required as in the law of 1808, but it was not to apply to those brought in for their own use by citizens and immigrants except those from Louisiana and the Alabama territory.[365] An act of 1822 reduced into one the several acts concerning slaves, free negroes and mulattoes, but no important changes were made with regard to the importation of slaves.[366]

The new constitution of 1832, like that of 1817, excluded slaves guilty of "high crime in other States." It declared, also, that "The introduction of slaves into this State as merchandise, or for sale, shall be prohibited from and after the first day of May eighteen hundred and thirty-three."[367]

This provision of the constitution gave rise to a great deal of litigation;[368] nor was it effective in prohibiting importation of slaves. The latter appears from the fact that in 1837 by an act of the legislature "the business of introducing or importing slaves into this State as merchandise, or for sale be, and the same is hereby prohibited." The penalty was $500 and six months' imprisonment for each slave so brought in, and notes which might be given for slaves were not collectable.[369] This law was repealed in 1846.[370]

ALABAMA.