Restrictions in Pennsylvania and Delaware in the United States
Restrictions in Pennsylvania and Delaware (the Farming Colonies)
In the book “The Suppression of the African Slave Trade to the United States of America 1638-1870” (1), W. E. B. Du Bois explained the following: One of the first American protests against the slave-trade came from certain German Friends, in 1688, at a Weekly Meeting held in Germantown, Pennsylvania. “These are the reasons,” wrote “Garret henderich, derick up de graeff, Francis daniell Pastorius, and Abraham up Den graef,” “why we are against the traffick of men-body, as followeth: Is there any that would be done or handled at this manner?… Now, tho they are black, we cannot conceive there is more liberty to have them slaves, as it is to have other white ones. There is a saying, that we shall doe to all men like as we will be done ourselves; making no difference of what generation, descent or colour they are. And those who steal or robb men, and those who 29buy or purchase them, are they not all alike?”20 This little leaven helped slowly to work a revolution in the attitude of this great sect toward slavery and the slave-trade. The Yearly Meeting at first postponed the matter, “It having so General a Relation to many other Parts.”21 Eventually, however, in 1696, the Yearly Meeting advised “That Friends be careful not to encourage the bringing in of any more Negroes.”22 This advice was repeated in stronger terms for a quarter-century,23 and by that time Sandiford, Benezet, Lay, and Woolman had begun their crusade. In 1754 the Friends took a step farther and made the purchase of slaves a matter of discipline.24 Four years later the Yearly Meeting expressed itself clearly as “against every branch of this practice,” and declared that if “any professing with us should persist to vindicate it, and be concerned in importing, selling or purchasing slaves, the respective Monthly Meetings to which they belong should manifest their disunion with such persons.”25 Further, manumission was recommended, and in 1776 made compulsory.26 The effect of this attitude of the Friends was early manifested in the legislation of all the colonies where the sect was influential, and particularly in Pennsylvania.
One of the first duty acts (1710) laid a restrictive duty of 40s. on slaves, and was eventually disallowed.27 In 1712 William Southeby petitioned the Assembly totally to abolish slavery. This the Assembly naturally refused to attempt; but the same year, in response to another petition “signed by many hands,” they passed an “Act to prevent the Importation of Negroes and Indians,”28—the first enactment of its kind in30 America. This act was inspired largely by the general fear of insurrection which succeeded the “Negro-plot” of 1712 in New York. It declared: “Whereas, divers Plots and Insurrections have frequently happened, not only in the Islands but on the Main Land ofAmerica, by Negroes, which have been carried on so far that several of the inhabitants have been barbarously Murthered, an Instance whereof we have lately had in our Neighboring Colony of New York,”29 etc. It then proceeded to lay a prohibitive duty of £20 on all slaves imported. These acts were quickly disposed of in England. Three duty acts affecting Negroes, including the prohibitory act, were in 1713 disallowed, and it was directed that “the Depty Govr Council and Assembly of Pensilvania, be & they are hereby Strictly Enjoyned & required not to permit the said Laws … to be from henceforward put in Execution.”30 The Assembly repealed these laws, but in 1715 passed another laying a duty of £5, which was also eventually disallowed.31 Other acts, the provisions of which are not clear, were passed in 1720 and 1722,32 and in 1725–1726 the duty on Negroes was raised to the restrictive figure of £10.33 This duty, for some reason not apparent, was lowered to £2 in 1729,34 but restored again in 1761.35 A struggle occurred over this last measure, the Friends petitioning for it, and the Philadelphia merchants against it, declaring that “We, the subscribers, ever desirous 31to extend the Trade of this Province, have seen, for some time past, the many inconveniencys the Inhabitants have suffer’d for want of Labourers and artificers, … have for some time encouraged the importation of Negroes;” they prayed therefore at least for a delay in passing the measure.36 The law, nevertheless, after much debate and altercation with the governor, finally passed.
These repeated acts nearly stopped the trade, and the manumission or sale of Negroes by the Friends decreased the number of slaves in the province. The rising spirit of independence enabled the colony, in 1773, to restore the prohibitive duty of £20 and make it perpetual.37 After the Revolution unpaid duties on slaves were collected and the slaves registered,38 and in 1780 an “Act for the gradual Abolition of Slavery” was passed.39 As there were probably at no time before the war more than 11,000 slaves in Pennsylvania,40 the task thus accomplished was not so formidable as in many other States. As it was, participation in the slave-trade outside the colony was not prohibited until 1788.41
It seems probable that in the original Swedish settlements along the Delaware slavery was prohibited.42 This measure had, however, little practical effect; for as soon as the Dutch got control the slave-trade was opened, although, as it appears, to no large extent. After the fall of the Dutch Delaware came into English hands. Not until 1775 do we find any legislation on the slave-trade. In that year the colony attempted 32to prohibit the importation of slaves, but the governor vetoed the bill.43 Finally, in 1776 by the Constitution, and in 1787 by law, importation and exportation were both prohibited.44