The Suppression of the African Slave Trade to the United States of America Part 33

Bettle, _Notices of Negro Slavery_, in _Penn. Hist. Soc. Mem._ (1864), I. 386.

~1712, June 7. Pennsylvania: Prohibitive (?) Duty Act.~

"A supplementary Act to an act, ent.i.tuled, An impost act, laying a duty on Negroes, rum," etc. Disallowed by Great Britain, 1713. Carey and Bioren, _Laws_, I. 87, 88. Cf. _Colonial Records_ (1852), II. 553.

~1712, June 7. Pennsylvania: Prohibitive Duty Act.~

"An act to prevent the Importation of Negroes and Indians into this Province."

"Whereas Divers Plots and Insurrections have frequently happened, not only in the Islands, but on the Main Land of _America_, by Negroes, which have been carried on so far that several of the Inhabitants have been thereby barbarously Murthered, an instance whereof we have lately had in our neighboring Colony of _New York_. And whereas the Importation of Indian Slaves hath given our Neighboring _Indians_ in this Province some umbrage of Suspicion and Dis-satisfaction. For Prevention of all which for the future,

"_Be it Enacted_ ..., That from and after the Publication of this Act, upon the Importation of any Negro or Indian, by Land or Water, into this Province, there shall be paid by the Importer, Owner or Possessor thereof, the sum of _Twenty Pounds per head_, for every Negro or Indian so imported or brought in (except Negroes directly brought in from the _West India Islands_ before the first Day of the Month called _August_ next) unto the proper Officer herein after named, or that shall be appointed according to the Directions of this Act to receive the same,"

etc. Disallowed by Great Britain, 1713. _Laws of Pennsylvania, collected_, etc. (ed. 1714), p. 165; _Colonial Records_ (1852), II. 553; Burge, _Commentaries_, I. 737, note; _Penn. Archives_, I. 162.

~1713, March 11. New Jersey: 10 Duty Act.~

"An Act for laying a Duty on Negro, Indian and Mulatto Slaves, imported and brought into this Province."

"_Be it Enacted_ ..., That every Person or Persons that shall hereafter Import or bring in, or cause to be imported or brought into this Province, any Negro Indian or Mulatto Slave or Slaves, every such Person or Persons so importing or bringing in, or causing to be imported or brought in, such Slave or Slaves, shall enter with one of the Collectors of her Majestie's Customs of this Province, every such Slave or Slaves, within Twenty Four Hours after such Slave or Slaves is so Imported, and pay the Sum of _Ten Pounds_ Money as appointed by her Majesty's Proclamation, for each Slave so imported, or give sufficient Security that the said Sum of _Ten Pounds_, Money aforesaid, shall be well and truly paid within three Months after such Slave or Slaves are so imported, to the Collector or his Deputy of the District into which such Slave or Slaves shall be imported, for the use of her Majesty, her Heirs and Successors, toward the Support of the Government of this Province." For seven years; violations incur forfeiture and sale of slaves at auction; slaves brought from elsewhere than Africa to pay 10, etc. _Laws and Acts of New Jersey, 1703-1717_ (ed. 1717), p. 43; _N.J.

Archives_, 1st Series, XIII. 516, 517, 520, 522, 523, 527, 532, 541.

~1713, March 26. Great Britain and Spain: The a.s.siento.~

"The a.s.siento, or Contract for allowing to the Subjects of Great Britain the Liberty of importing Negroes into the Spanish America. Signed by the Catholick King at Madrid, the 26th Day of March, 1713."

Art. I. "First then to procure, by this means, a mutual and reciprocal advantage to the sovereigns and subjects of both crowns, her British majesty does offer and undertake for the persons, whom she shall name and appoint, That they shall oblige and charge themselves with the bringing into the West-Indies of America, belonging to his catholick majesty, in the s.p.a.ce of the said 30 years, to commence on the 1st day of May, 1713, and determine on the like day, which will be in the year 1743, _viz._ 144000 negroes, _Piezas de India_, of both s.e.xes, and of all ages, at the rate of 4800 negroes, _Piezas de India_, in each of the said 30 years, with this condition, That the persons who shall go to the West-Indies to take care of the concerns of the a.s.siento, shall avoid giving any offence, for in such case they shall be prosecuted and punished in the same manner, as they would have been in Spain, if the like misdemeanors had been committed there."

Art. II. a.s.sientists to pay a duty of 33 pieces of eight (_Escudos_) for each Negro, which should include all duties.

Art. III. a.s.sientists to advance to his Catholic Majesty 200,000 pieces of eight, which should be returned at the end of the first twenty years, etc. John Almon, _Treaties of Peace, Alliance, and Commerce, between Great-Britain and other Powers_ (London, 1772), I. 83-107.

~1713, July 13. Great Britain and Spain: Treaty of Utrecht.~

"Treaty of Peace and Friendship between the most serene and most potent princess Anne, by the grace of G.o.d, Queen of Great Britain, France, and Ireland, Defender of the Faith, &c. and the most serene and most potent Prince Philip V the Catholick King of Spain, concluded at Utrecht, the 2/13 Day of July, 1713."

Art. XII. "The Catholick King doth furthermore hereby give and grant to her Britannick majesty, and to the company of her subjects appointed for that purpose, as well the subjects of Spain, as all others, being excluded, the contract for introducing negroes into several parts of the dominions of his Catholick Majesty in America, commonly called _el Pacto de el a.s.siento de Negros_, for the s.p.a.ce of thirty years successively, beginning from the first day of the month of May, in the year 1713, with the same conditions on which the French enjoyed it, or at any time might or ought to enjoy the same, together with a tract or tracts of Land to be allotted by the said Catholick King, and to be granted to the company aforesaid, commonly called _la Compania de el a.s.siento_, in some convenient place on the river of Plata, (no duties or revenues being payable by the said company on that account, during the time of the abovementioned contract, and no longer) and this settlement of the said society, or those tracts of land, shall be proper and sufficient for planting, and sowing, and for feeding cattle for the subsistence of those who are in the service of the said company, and of their negroes; and that the said negroes may be there kept in safety till they are sold; and moreover, that the ships belonging to the said company may come close to land, and be secure from any danger. But it shall always be lawful for the Catholick King, to appoint an officer in the said place or settlement, who may take care that nothing be done or practised contrary to his royal interests. And all who manage the affairs of the said company there, or belong to it, shall be subject to the inspection of the aforesaid officer, as to all matters relating to the tracts of land abovementioned. But if any doubts, difficulties, or controversies, should arise between the said officer and the managers for the said company, they shall be referred to the determination of the governor of Buenos Ayres. The Catholick King has been likewise pleased to grant to the said company, several other extraordinary advantages, which are more fully and amply explained in the contract of the a.s.siento, which was made and concluded at Madrid, the 26th day of the month of March, of this present year 1713. Which contract, or _a.s.siento de Negros_, and all the clauses, conditions, privileges and immunities contained therein, and which are not contrary to this article, are and shall be deemed, and taken to be, part of this treaty, in the same manner as if they had been here inserted word for word." John Almon, _Treaties of Peace, Alliance, and Commerce, between Great-Britain and other Powers_, I. 168-80.

~1714, Feb. 18. South Carolina: Duty on American Slaves.~

"An Act for laying an additional duty on all Negro Slaves imported into this Province from any part of America." t.i.tle quoted in Act of 1719, --30, _q.v._

~1714, Dec. 18. South Carolina: Prohibitive Duty.~

"An additional Act to an Act ent.i.tled 'An Act for the better Ordering and Governing Negroes and all other Slaves.'"

--9 "And _whereas_, the number of negroes do extremely increase in this Province, and through the afflicting providence of G.o.d, the white persons do not proportionally multiply, by reason whereof, the safety of the said Province is greatly endangered; for the prevention of which for the future,

"_Be it further enacted_ by the authority aforesaid, That all negro slaves from twelve years old and upwards, imported into this part of this Province from any part of Africa, shall pay such additional duties as is hereafter named, that is to say:--that every merchant or other person whatsoever, who shall, six months after the ratification of this Act, import any negro slaves as aforesaid, shall, for every such slave, pay unto the public receiver for the time being, (within thirty days after such importation,) the sum of two pounds current money of this Province." Cooper, _Statutes_, VII. 365.

~1715, Feb. 18. South Carolina: Duty on American Negroes.~

"_An additional Act_ to an act ent.i.tled _an act for raising the sum of 2000, of and from the estates real and personal of the inhabitants of this Province, ratified in open a.s.sembly the 18th day of December, 1714_; and for laying an additional duty on all Negroe slaves imported into this Province from any part of America." t.i.tle only given. Grimke, _Public Laws_, p. xvi, No. 362.

~1715, May 28. Pennsylvania: 5 Duty Act.~

"An Act for laying a Duty on _Negroes_ imported into this province."

Disallowed by Great Britain, 1719. _Acts and Laws of Pennsylvania, 1715_, p. 270; _Colonial Records_ (1852), III. 75-6; Chalmers, _Opinions_, II. 118.

~1715, June 3. Maryland: 20s. Duty Act.~

"An Act laying an Imposition on Negroes ...; and also on Irish Servants, to prevent the importing too great a Number of Irish Papists into this Province." Supplemented April 23, 1735, and July 25, 1754. _Compleat Collection of the Laws of Maryland_ (ed. 1727), p. 157; Bacon, _Laws_, 1715, ch. x.x.xvi. --8; 1735, ch. vi. ----1-3; _Acts of a.s.sembly, 1754_, p.

10.

~1716, June 30. South Carolina: 3 Duty Act.~

"An Act for laying an Imposition on Liquors, Goods and Merchandizes, Imported into and Exported out of this Province, for the raising of a Fund of Money towards the defraying the publick charges and expences of the Government." A duty of 3 was laid on African slaves, and 30 on American slaves. Cooper, _Statutes_, II. 649.

~1716. New York: 5 oz. and 10 oz. plate Duty Act.~

"An Act to Oblige all Vessels Trading into this Colony (except such as are therein excepted) to pay a certain Duty; and for the further Explanation and rendring more Effectual certain Clauses in an Act of General a.s.sembly of this Colony, Int.i.tuled, An Act by which a Duty is laid on Negroes, and other Slaves, imported into this Colony." The act referred to is not to be found. _Acts of a.s.sembly, 1691-1718_, p. 224.

~1717, June 8. Maryland: Additional 20s. Duty Act.~

"An Act for laying an Additional Duty of Twenty Shillings Current Money per Poll on all Irish Servants, ... also, the Additional Duty of Twenty Shillings Current Money per Poll on all Negroes, for raising a Fund for the Use of Publick Schools," etc. Continued by Act of 1728. _Compleat Collection of the Laws of Maryland_ (ed. 1727), p. 191; Bacon, _Laws_, 1728, ch. viii.

~1717, Dec. 11. South Carolina: Prohibitive Duty.~

"A further additional Act to an Act ent.i.tled An Act for the better ordering and governing of Negroes and all other Slaves; and to an additional Act to an Act ent.i.tled An Act for the better ordering and governing of Negroes and all other Slaves."

-- 3. "And _whereas_, the great importation of negroes to this Province, in proportion to the white inhabitants of the same, whereby the future safety of this Province will be greatly endangered; for the prevention whereof,

"_Be it enacted_ by the authority aforesaid, That all negro slaves of any age or condition whatsoever, imported or otherwise brought into this Province, from any part of the world, shall pay such additional duties as is hereafter named, that is to say:--that every merchant or other person whatsoever, who shall, eighteen months after the ratification of this Act, import any negro slave as aforesaid, shall, for every such slave, pay unto the public receiver for the time being, at the time of each importation, over and above all the duties already charged on negroes, by any law in force in this Province, the additional sum of forty pounds current money of this Province," etc.

-- 4. This section on duties to be in force for four years after ratification, and thence to the end of the next session of the General a.s.sembly. Cooper, _Statutes_, VII. 368.