Act for the Gradual Abolition of Slavery, 1780

ACT FOR THE GRADUAL ABOLITION OF SLAVERY, 1780 W hen slavery was abolished in Pennsylvania, it was done so gradually-very gradually-in a detailed piece of legislation. Any child born in Pennsylvania an r passage of the act would not be a slave, but would, in effect, be an indentured servant until the age of 28. It did not free existing slave , except that Jave owners had eight months to r gister their slaves, or those slaves would become free. 1 CHAP. CXLVI. An A..C,."I' Jrrr ~ gra(lual, A.bolttton of Slavery rr-eamble. 1 Section 1. WHEN we contemplate our abhorrence of that condition to which the arms and tyranny of Great-Britain were exerted to reduce us ; when we look back on the variety of dangers to which we have been eXJ)Offed,and how miraculomdy our wants in many instances ha.ve been supplied, and our deliverances wrought, when even hope and human fortitude have become unequal to the conflict ; we are unavoidably led to a serious and grateful sense of the manifold blessings, which we have undeservedly received from the hand of that Being from whom every good and perfect gift cometh. Impressed with these idea.CJ,we conceive t·hat it is our duty, and we rejoice that it is in our power, to extend a portion of that freedom to others, which hath been extended to us ; and relea.ctefrom that state of thraldom, to which we ourselves were tyrannically doomed, and from which we now have every prospect of being delivered. It is not for us to inquire, why, in the creation of mankind, the inhabitants of i,everal parts of the earth were distinguished by a difference in feature or complexion. It is sufficient to know that all are the work of an Almighty Hand. We find in the distribution of the human species, that the most fertile, a.CJwell a.ctthe most barren parts of the earth, are inhabited by l\len of comJJlexions different from otlrff, and from each other, from whence we may reMOnably, u well as religiously inter, that He, who placed them ln their various situation.ct,ha.th extended equally His care and protection to an and that it becometh not u., to Laws Enacted in the econd itting of the Fourth General A sembly [ 1780]," Laws Enacted tn a General Assembly of the Representation of the Freemen of the Commonrwealth of Pennsylvania (Philadelphia: John DunJap, 1777+), 296-99 (this is the Law as originally published, with added pagination of the bound volume that is continoou over years]; Records of the State$, Pa..B.2,reeJ 3 (176 -1785), microfilm in the Genealogy Section, Dallas (Texas] Public Library. A later published version may be found at <www.paJrb.us/statutesatJarge/l 700l 799/1780/0/act/0881.pdt>. Pennsylvania Geneal-Ogical Magazine Vol. 44 (2006) 229 230 Pennsylvania Genealogical Magazine Vol. 44 counteract His mercies. We ~teem it a peculiar blessing granted to us, that we are enabled thiA day to add one more !ttep to univerRal civilization. by removing a., much a., possible, the sorrowA of those who have lived in undeserved bondage, and from which, by the a.CJ.c,umed authority of the Kings of Great Britain, no effectual legal relief, could be obtained. Weaned, by a. long coul"ffeof experience, from those narrow prejudices and partialities we have imbibed, we find our hearts enlarged with kindneffff and benevolence, toward men of all condition., and nation., ; anrl we perceive ountelves at thLq particular period extraordinarily called upon, by the blessings which we have received, to manifest the sincerity of our profession, to give substantial proof of our gratitude. SEGT. 2. AND WHEREAS the condition of those pel"ffons who have heretofore been denominated Negroe and l\lulatto slave!l, has been attended with circurn.«1taI1ces, which not onlv deprived them of the common blessi~ that they were by nature intitled to, but has ca..tttthem into the deepe.c,t afflictions, by an unnatural se1>a.rationand sale of husband and wife from each other, and from their chilrlren i an injury the greatnes.q of which, can only be conceived, by supposing, that we were in the Aa.meunha.J)J>Y ca.,e. In jm,tice therefore, to pel"ffon.ctso unhapJ>ily cireum.qtanced, and who, having no prospect before them, whereon they may re.11ttheir ~rrows and hop~, have no rea.'90na.bleinducement, to r,ender their i;,ervice.ctto society, which they otherwiAe might ; and al~, in grateful commemoration of our own happy deliverance from that Atate of unconditional submisAion, to which we were doomed by the tyranny of Brita.in : no chi1d born SEC'T. 3. Ile it enactccl, and it is hercbtJ enacted, by the /leprcherea!ter to scntatives of the F-recmen of the commonwealth of Pe:rtnS1Jlbe a. t11la.n. Vanta 1n General Assembl.y 11Wt,an.cl by the autlwr1bJ a,/rrrc- sa1d., That all person.,, a.ct well Negroes anrl l\tnlattoes as otheN4, who shall be born within this State, from and after the passing of this Act, 11ha.llnot be deemed anrl con.,ldered a.., servants for life, or slaves ; and that all servitude for life, or slavery of children, in con.ttequence of the 1tlavery of their mothel"ff, in the ca..11e of all children born within this State, from a.rui after the pa.,Aing of this Act a., aforesaid, shall be, a.nd hereby i.c,.utterly taken away, extinguished and for ever abolished. Negroe and SE :T. 4. Prrnncle<l always, cuul be tt further :Mulatto autlwrUy aenant" till said, who would, in ca.qe thiA Act had not been made, have been born a servant for year,,, or lite or a. slave, shall be deemed to be and shall be, by virtue of this Act, the servant of such pei,;,on or his or her a.~ttign.,.who would in ftuch ca.,e have been lntltled to the se"ice of such child, tmtll !mCh child AhaU attain unto the age of twenty eight-yean,, in the manner and on the condltion.11whereon servant.11bound by indenture for four yean,, are or may be retained and holden; enacted, lnJ the a/orcsatd.) That every Negroe and :Mulatto child, children to be bon1 within thLc,State, alter the pa..1191.J" of thL11Act a.-.a!ore- 28 yean or age. 2006 Act for the Gradual Abolition of Slavery, 17 80 231 and Bha.11be liable to like correction and punishment, and intitled to like relief in ca.ctehe or she be evily treated by hi.ct or her ma.ctteror m.i11tress,and to like freedom duett and other privileges a.ctservants bound by indenture for four yean,, are or may be lntitl~ wlleM the pent0n to whom the service of any such child shall belong, shall abandon his or her claim to the ff&l1le, in which ca.,e the Ovel'fteers of the Poor of the city, town.11hipor district respectively, where such child shall be abandoned, shall by indenture bind out every child AO abandoned, a.ct an apprentice for a time not exceeding the age herein before limited, for the service of such children. All ~taveii to be regi11tered before l!tt Nov. next. Owneni of ~b.Te!t, though not regilY tered, to be liable for their support. SE<..'T. 5. Ancl be 1t./u-rther enactecl by the autlwrtt1J aJm-esaul, Tha.t every pen1on, who iR or Rhal] l>e the owner of any Negroe or l\lulatto slave or servant for life, or till the age of thirty-one yearA, now within this State, or his lawful Attorney, shall on or before the Haid finlt da.y of November next, deliver or cause to be delivered in writing to the C..1erkof the Peace of the county, or to C..1erkof the Court of Record of the city of Philadelphia, in which he or she shall re!ij)eetively inhabit, the name and sin'Wlle and occupation or profettsion of such owner, and the name of the county and town.Rhip, district or ward wherein he or she re11ideth, and a.IA<>the iwne and names of such slave and slaveA, and servant and servants for life or till the age of thirty-one years, together with their ages and sexe.ctseverally and respectively ffet forth and annexed, by mtch }>el'ffOM owned or sta.tedly employed, and then being within thiff State, in order to ascertain and distinguish the Rlaves and servants for llfe and years, till the age of thirty-one years, within thiA State, who Ahall be such on the ~id fintt da.y of November next, from all other ~ sons ; which particulars shall by Raid C..'lerkof the sessiorut and Clerk of the uid city court be entered in book., to be provided for that purpose by the said C..1erks; and that no Negroe or 1\lulatto, now within thi.H State, shall from and alter the said first day of November, be deemed a slave or servant for life, or till the age of thirty-one yearff, unless his or her name shall be entered a.'4aforesaid on m1ch record, except Rttch Negroe and l\lulatto slaves and servants a.c, herein excepted; the said C..1erkto be entitled to a fee of two dollars for ea.ch Alave or servant so enter,ed a.ct aforeAaid, from the Trea.c,urerof the C0\U1ty,to be allowed to him in his a.ceom1ts. SECT. 6. Provtclc<l aJ,ways, That any pel'ffon, in whom the ownership or right to the service o.f any Negroe or 1\(ulatto shall be VeRted,at the patudng of this Act, other than such a.c, are herein before excepted, his or her heil'ff, executors arlministra.tors and a.c,sigM,and all and every of them, severally, shall be liable to the OveNJeers of the Poor of the city, town.c,hip or district, to which any such Negroe or Mulatto shall become chargeable, for such necessary expen.tte, with c~t!J of suit thereon, as mtch Overseel'ft may be p\lt to, through the neglect of the owner, maffter or mistress of such Negroe or ~lula.tto ; notwithstanding the name and other 232 Pennsylvania Genealogical Magazine Vol. 44 de.,criptions of mtch Negroe or 1\lulatto, shall not be enterecl a., aforesaid, tmless hift or her ma.4'ter or owner, tthall before such i.lave or ~nrant attain hia or her twenty eighth year, execute and record in the proper county, a deed or inc1tn1ment, securing to m,ch slave or servant his or her freedom. Negr<>eflto be SEC-'T. 7. An.clbe tt further tried like other tnhabltantfil. enactecl lnJ the authortty a,/rwesaul, That the offences and crimes of Negroes and 1\[ulattoe.4',as well slaves and servants and freemen, shall be enquired of, adjudged, corrected and punished, in like manner, a., the offences and crimes of the other inhabitants of this State are, and shall be enquired of, adjudged, corrected and punished, and not otherwise ; except that a slave shall not be admitted to bear witne.4'sagain.4'ta freeman. Jury to value SEC-'T. 8. Antl be ttfurther enactecl lnJ the authority a,/rwesaul, in cai,e of That in all ca.4'es wherein sentence of death, shall be proi,entence of nounced against a slave, the Jury before whom he or she shall be tried, shall appraise and declare the value of such death. slave, and in such ca.4'esentence be executed, the court shall make an order on the State Trea.4'ttrer,payable to the owner for the same, and for the cost." of prosecution, but in ca.4'eof remission or mitigation for costs only. Reward for SEC-'T. O. An.clbe ttfurther enactecl lnJ the authority a/rwesaul, nmawayR, a.'I That the reward for taking up nma.way and absconding Negroe and 1\lulatto slaves and servants, and the penalties white Rerfor enticing away, dealing with or harboring, concealing or vant.'I. employing Negroe and l\lulatto slaves and servants, shall be the same, and shall be recovered in like manner, a.ctin ca.cteof servants bound for four years. None to be returned i,lave.'I,but thoi,e regii,- tered. Except no 11helterto nUULway,i from other StateR. SEC-'T. 10. Antl be tt further enactecl lnJ the autJwrtty a/m-esaul, That no man or woman of any nation, or color, except the Negroes or 1\lulattoe.'I who shall be registered a.ctaforesaid, shall at any time hereafter be deemed, adjudged, or holden within the territories of this (!ommonwealth, a.ctslave.ct and servants for life, but a.ctfree men and free women, and except the domestic slaves attending upon Delegates in Congress, from other American States, foreign 1\linisters and Consuls, and personct pa.ctsing through or sojourning in this State, and not becoming resident therein, and seamen employed in ships, not belonging to any inhabitant of this State, nor employed in any ship owned by rntch inhabitanttJ. Providecl such domestic slaves be not aliened or sold to any inhabitant, nor (except in the ca.cteof 1\lemben of CongreM, foreign Ministers and Consuls) retained in this State longer than six months. Pro-vtdcclai,ways, an.cl be tt fuTt,hcr enacted, by the authority a,/m-esaul, That this Act, or any-thing in it contained, shall not give any relief or shelter to any absconding, or nm.away Negroe or l\[ulatto slave or servant, who ha.ct absentecl him.-relf or shall absent hirn1'elf from his or her owner, master or mistress, residing in any other State or country, bnt such owner, ma.11teror mistres!'i, shall have like SE(,'T. 11. 2006 Act/or the Gradual Abolition o/Slavery, 1780 233 right and aid to demand, claim and take a.way his slave or servant, a..11 he might have had in ca..ctethi" Act had not been made: And that all Negroe and 1\lulatto slaves, now owned, and heretofore resirlent in thi11 State, who have arn.ented themAelves, or been clande11tinely carried away, or who may Sla.vM c.amed be employed abroad u iteamen, and have not returned or awa.y&c. been brought back to their owner, ma.11ters or mistresses, from thi~ before the pa..C1.cting of thi11Act, may, within five years be St.ate, may be registered, a..11 effectually a..ll iA on\ered by this Act concerning brought back those who are now within the State, on producing such alave, and regis,before ai,y two Ju.11ticesof the Peace, and sa.th,fying the !ia.frl terect within 5 Jm1tices by due proof, of the fonner residence, ab!feoruting, year!'. taking away, or al>!ience of such slaves a,, aforesaid; who thereupon shall direct and onier the Raid slave to be entered on the reconi a.ct af oreu.id. Preamble. SE<,'T.12. AND WHEREAS attempts may be made to evade this Act; by introducing into this State, Negroes and )lulattoeA, bound by covenant to serve for long and unrea..ctonable tenns of yean. if the same be not prevented ; No Negroes SEC,'T.13. Re it the-re/ore enactccl bu the authonty a.joresaul, or J\lulatto111, That no covelW'lt of personal servitude or apprenticeship other tlw\ what.ctoever Ahall be valid or binding on a Negroe or 1\lulatto chll~n. to be bound for longer than 11evenyears. for a longer time than seven yea.rs, unleM such servant or apprentice were at the commencement of rmch servitude or appr-entice1thip under the age of twenty-one years, in which ca..c,esuch Negroe or 1\lulatto may be holden a..c,a !-lervant or apprentice reRpeetively, according to the covenant, a..11the ca.c,eshall be, until he or !oiheAha.11 attain the age of twentyeight yean1, but no longer. SEC,'T,1-1. And he U /u'T'ther enactccl btJ the authmity a.jorcsaul, That an Act of A.11Semblyof the Province of PenmJyl- vania, p&Med in the year One thou,mnd iteven hmulred and Repeal of five, intitled, "An Act for the trial of Negroes; .. and another former Act.41. Act of A.9sembly of the uid Province, pused in the year One thou!ia.nd seven hundred and twenty-five, intitlect, ''An Act for the better regulating of Negroe11tin thi11Province;" and another Act of A.CJitembly of the ~id Province, pa.,sed in the year One thomuind seven hundred and sixty-one, intitled, An Act for laying a duty on Negroe arul :Mulatto slav~ imported into thb, Province ;" and also another Act of Affsembly of the Raid Province, pa.11fted in the year One thousa.nd seven hundred and Aeventy-three, intitled ''An Act for making perpetual an act for laying a. duty 011 Negroe and l\lulatto 11lavesimported into thiA Province, a.nd for laying an additional rluty on said Alave!-1," Ahall be and are herel>y repealed, annulled and made void. JOHN BA YARD, Speaker. Enactc<l into a law at Ph:Ua<lelphta, on We<lnesctay the first day of Af a,rch, An.no Dmntm, One thmuantl seven hu:ncl-rcclantL eighty. THOM.AS PAINE, C,1erkof the General A.,seml>ly 234 Pennsylvania Genealogical Magazine Vol. 44 AMENDMENT Eight years later, on 29 March 1788, the Act was amended "For preventing many evils and abuses arising from ill disposed persons availing themselves of certain defects in the act. "2 The majority of the act addressed issues related to the movement of persons in and out of the state. It added a provision requiring that any child born free since the Act and required to serve the twenty-eight years was to be registered by 1 April 1789 and that any future children must be registered within six months of birth. . It also addressed an issue not covered in the original Act: And whereas it has been represented to this house that vessels have been fitted out and equipped in this port for the iniquitous purpose of receiving and transporting the natives of Africa to places where they are held in bondage and it is just and proper to discourage as far as is practicable such proceedings in the future ... This provision was strong, in that it allowed the ship to be seized and forfeited to the commonwealth in addition to a £ 1000 fine, half of which would go to the commonwealth, half to the complainant. The "practice of separating which is too often exercised by the masters and mistresses of negro and mulatto slaves or servants for term of years, in separating husbands and wives and parents and children" was also addressed, but with less rigidity. It prohibited such separation "to a greater distance than ten miles" for children who were not above the age of four or adults who did not give permission. 2 NLaws Enacted in the Second Sitting of the Twelfth General Assembly (1788),~ Laws Enacted in a General Assembly, 440-44; also <www.palrb.us/statutesatlarge/ l 7001799/1788/0/act/l 345.pdf>.