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AN’ ACT
To prohibit the importation of Slaves into any port or
place Within die juriiditticn of the Uintcd .States,
Iron* ai.fl alter the lull day ol Jai.'icrjr, in the year
ol our lord, one llioulaiid eight handrai and ..ght.
T IK %t enacted hy thr Senate and llotute of
Pi/.)i tentative* of the United Staten of Americu,
ti Conipmn an nr milled, I iiat trom c.j i after the
ii t bay ol January, one thousand eight hun
dred an i eight, it shall not he lawful to import
orbring into tlto United States or the letrito
rics thereof from any foreign kingdom, place,
or country, any negro, imilatto, or jx; rson of
color, with imcrit to hold, sell, cr dispose of
•well negro mulatto, or person oi colour, as a
bl/vc, or to he held to service or labour.
Sec. 2. And he it further enacted , That no
citizen or citizens cl the United State';, or any
other pcrs'ms, shall, from and after the first
clayolJai.uaiy, in the year ol out lord one
thousand eight hundred and eight, ibr himself
orii cm jchcsorany other person what.-,:.-ever,
c ither as master, factor, or owner, lniild, fit,
equip, load err otherwise: prepare any ship or
m .el in ant port or place within the jurisdic
tion of tin United State *, nbr shall cause any
ship or vessel to sail from r.ny port or place
■within the Hame, for the pin pose of procuring
ju.t negro, mulatto or perapp of color, lrom any
f ireign kingdom, piaecor country, to be trans
ported to any port or place whatsoever within
lac juiistiie ion ol the United States, to be held,
or disposed e;f as sieves, or to be hcW to
set lice or labour; and if any ship or vessel
shall he so fitted out for the purpose aforesaid,
< r -hall he caused to sail so as aforesaid, every
ouch ship or vessel, her tackle, apparel, and
furniture, sb il lie forfeited to the U, States,
and shall be liable to he seized, prosecuted, and
condemned in any of the < ircuit courts or dis-
Itict courts, for the district where the said ship
or vessel may he- found or seized.
Sec. 3 .dud hr it further enacted , That all
and every person so building, fitting out, equip*
iug, loading, or otherwise preparing or send
ing away, any ship or ves ;el, knowing or intend
ing that tlie same shall lie employed in such
trade or business, from and lifter the first day
of January, one thousand eight hundred and
c.giH, contrary to the true intent and meaning
of this act, or any ways aiding or abetting
thcicin, shall severally forfeit and pav twenty
thousand dollars; one moiety thereof to the
tiscof the United States, and tla: other moiety
to the use of any person e:r persons who shall
sue for and prosecute the same to effect.
Sec. 4. Aid hr it further enacted. That if
any citizen or citizens of the United States, or
any person resident within the jurisdiction of
the s..nic, shall, from and after the first day of
January, one thousand eight hundred and eight,
t.h’.e on hoard, receive, or transport frotn Afri
ca, or from any other foreign kingdom, place,
or country, any negro, mulatto, or person of
colour, in uny ship or vessel, for the purpose of
selling them in any port or place v ithin the
jurisdiction of the United States as slaves, or
1 i he held to service or labour, or shall he in
tiny ways aiding or abetting therein, such citi
zen or citizens or person shall severally forfeit
anil pay . live thousand dollars, one moiety
Hiereol lo the use of any person or persons who
shall sue ir.’ and prosecute the same to effect,
and every such ship or vessel in wliich such
in ro, mulatto, or person of colour, shall have
her i taken on board, received or transported
a, aforesaid, her tuckcl, apparel, and the goods
and effects, w hich shall be found on bouui the
Haute- shail he foifeited to the United Slates,
and shall be liable to be seized, prosecuted, and
condemned in unv of the circuit courts or dis
trict courts in the district where the said ship
or \ ei> id may he found or seized. And neith
er the importer n .’ any person or persons
claiming from or under him shah hold anv
light or title whatsoever to any negro, mulatto,
or person of colour, nor to the service or labor
tnercol, who may he imported or brought
within the United States, or territories thereof,
in viol. ni. >ii of this law, hut tin: same shall re
main subject to Any regulations not contrave
ning the provisions of this act. which the legis
-1 ■ me oi thr several states or territories at any
t” .ie hereafter may make, for disposing of any
such negro, mulatto, or person of colour.
See. 6 And or it further enacted , That if anv
ci ‘ ’eii or citizens of the United States, or am
other person resident within the jurisdiction of
thr same, shall, from and after the first <tav ot
January, one thousand eight hundred ami eight,
contrary io the true intent and meaning of this
net, lake on board any ship or vessel from
u v ol Ihe coasuor kingdoms of Africa, or from
any other foreign kidgdom, place or country,
any negro, mulatto, or person of colour, with
i lent to sell him, her, or them, foi a slave or
s .ves, or to be held, to service or labour, and
sh .11 transport the same to any port or piece
vs in the jurisdiction of the V. States, and
tin c seil such negro, mulatto, or person of
colour, so tr.n|>oi'ied as afore said, for a slave
tube held to service or lalxmr, even such ot
ic viler sli ti) Ik deemed guiltv of a high irtisile
jjnMnour, and being thereof convicted before
any court having competent jurisdiction, shall
suffer impnsnnmeni for not more than lenvears
nor Irsi ilvan five, and I* lined not exceeding
ten lhot:-mil tlollars, nor less tnau one thou
sand dollars.
See. fi. A> Jhri: farther enacted , That if ;tnv
person <>r prtvnis whatsoever, shall, front and
aber i he font day of Jamau v. one tlmtisand eight
hundred and right, purchase or sell any negro,
iMUiatt.i, or person of colour, for a slave, or to
fcf brii totr-rire or Uliour, who shall have
b*. nti puctcii, . r Brought from ar,v foreign
pg.ee, or ccuairy,or from the domin*
ifiiw, of ar.y foreign state, nr met .lately aucin
•i.-.g to the United States, into any port or place
\viti,in' , the jurisdiction of the United States,
after the la.,t day of December, one thousand
eight hundred and seven, knowing at the time
of such purchase or sale, such negro, mulatto,
or [iei on of colour, was so brought within the
jurisdiction of the United States, as aforesaid,
such purchaser and seller shall severally for
feit and pay for every negro, mulatto, or per
son of colour, so purchased or sold as aforesaid
eight bundled dollars; one moiety thereof to
the United .States, and the other rnoicty to the
use of any person or persons who shall sue for
and prosecute the same to effect; Provided,
That the aforesaid forfeiture, shall not extend
to the seller or purchaser of any negro, mulat
to, or person of colour, who tnay be sold or dis
posed of in viitue of any regulation which may
hereafter l>c math; by any of the legislatures of
the several states in that respect in pursuance
1 this act, and the constitution of the United
Suites.
Sec. 7. And hr it further enacted, That if any
ship or vessel shall he found, from and after
the first day of January, one thousand eight
hundred and eight, in any river, port, bay, or
harbour, or on the high seas, within the juris
dictional limits of the United States, or hover
ing on the coast thereof, having on board any
negro, mulatto, or person or colour, for the
purpose of selling them as slaves, or wtui
intent to land the same, in any port or place
within tlie jurisdiction of the United States,
contrary to the prohibition of this act, every
such ship or vessel, together with her tackle,
apparel, and furniture, and the goods or effects
which shall he found on board, the same shall
be forfeited to the use of the United States, and
may be seized, prosecuted, and condemned, in
any court of the United States, having juris
diction thereof And it shall he lawfid for the
President of tin- United States, and he is here
by authorised should lie deem it expedient, to
cause -any of the armed vessels of the United
States to be manned and employed to cruise
on any part of the coast of the United States
oi territories thereof, where be may judge,
attempts will be made to violate the provisions
of this act, and to instruct and direct the com
manders ol armed vessels of the United States,
to seize, take and bring into any port of the
United States all such ships or vessels, and
moreover to seize, take and bring into any port
of the United States all ships or vessels of the
United States, wheresoever found on the high
sens, contravening the provisions of this act, to
be proceeded against according to law, and the
captain master, or commander of every such
ship or vessel, so found anil seized as aforesaid,
shall he deemed guilty of a high misdemeanour
and shall he liable to he prosecuted before any
court ol the United States having jurisdiction
thereof; and being thereof convicted, shall .he
fitted not excelling ten thousand dollars, and de
imprisoned not less then two years, and not ex
ceeding four years. And the proceeds of all
ships and vessels, their tackle, append and fur
niture, and the goods and effects on board of
them, which shall lie so seized, prosecuted and
condemned, shall he divided equally between
die United States and the officers and men who
shall make such seizure, take or bring the same
into port for condemnation, whether such seizure
be made by an armed vessel of the United
States, or revenue cutters thereof, and the same
shall lie distributed in like manner, as is pro
vided by law, for the distribution of prizes taken
lrom an enemy : Provided , that the officers and
men, to be, entitled to one half of the proceeds
aforesaid, shall safe keep every negro, mulatto,
or person ol color, found on board any ship or
vessel, so by them seized, taken, or bro’ ght
into port lor condemnation, and shall deliver
every such negro, mulotto,or person of colour,
to such person or persons as shall he appointed
by the respective states, to receive the same,
and il no such person or persons shall he ap
pointed by the respective states, they shall de
liver every such negro, mulatto, or persons of
color, to the overseers of the poor of the port
or place where such ship or vessel may be
brought or found, and shall immediately trans
mit to the governor or chief magistrate of
the suite, an account ol their proceedings, to
gether with the number of such negroes, mul
attoes, or persons of colour, and a descriptive
list el the same, that he may give directions
respecting such negroes, mulattoes or persons
of colour.
Sec. 8. And be it further enacted , That no
captain, master or commander ofahy ship or
vessel, of less burthen then forty tons, shall,
lrom and after the first day ol January, one
thousand eight hundred and eight, take on board
and transport any negro, mulatto, or person of
color to any port or place whatsoever, for the
purpose of selling or disposing of the same as
a slave, or with intent that the same may he
void or disposed of to be held to service or la
bor, on penalty of forfeiting for every such ne
groc, mulatto, or person of colour,’ so taken
on board and transported as aforesaid, the sum
ot eight hundred dollars ; one moiety thereof,
to the use of the United States, and the other
moiety to any person or persons, who shall sue
for, and prosecute the same to effect: Provid
ed. however, that nothing in this section shall
extend to prohibit the taking on board or trans
porting on any river or inland bay of the sea,
within the jurisdiction of the United States, any
negro, mulatto, or person of colour, (not im
ported contrary to the provisions of this act) in
any vessel or sneries of c aft whatever. •
kee ft. Ar.d be it further enacted, That the captain,
matter or commander of any lliipor veiTel, of thr bur
then of forty tor, or more, from and after the tirlt day
of January, one thousand eight iiundrrd and
tailing coallwile from any port in sh.- United State-,to
anv other port or place within the iurifdidion of the
I .mr, having on h-ard any negro. mulatto, qj per on
of colour, tor the purpose cf traefporting diem to be
i
fold t.r difoofed of a; (laves, cr to be fr Id to service
or labtr.r, (ball, previous to the <!cf at tu. e cf such (k.p
or vtffel, make out and fubferibs duplicate manifeft,
if every such fiegro, mulatto or person of colt ur, on
board iuch (hip or vtffel, therein fpecifyi: g the name
and set of eacit pci foil, their age and (latere, as ne-r
as may be, and the dafs to which they reiprdti vely he
lour, whether negro, mulatto or person of colour,
with the name and place of ref; den re of every owner,
or (hipper of the fame, and (hall deliver inch manifests
lo the collector of the port, if there he one, otherwiie
to the surveyor, before whom the capta.n, mailer cr
commander, together with the owner or (hipper lhali
feverully swear or affirm, to the tied of their know -
ledge and belief, that the person, therein fpecifitd were
not imported or brought into the United States, ft cm
and aftet the firft day of January, one th.oufand eight
hundred and eight, and that under the law*, of the .’.ate
they are held to service or labour; whereupon the laid
collector or lurveyor (hall certify the lame upon the said
man.(cits, one of which he (hall return to the laid cap
tain, maftcr or commander, w ith a permit fpecifying
thereon the number, names and general delcription of
such perforin, and authoriftng him to proceed to the
port of his dellination. And if any (hip or veffcl, be
ing laden and dailiiiei as aforefaid, (hall depart from
tlie port where (lie may then he, without the captain,
mailer or commander, having firit made out and fub
feribed duplicate manifelis of every negro, mulatto ar.d
person of colour on board such (hip or veffe! as afore
laid, and without having previoudy delivered the fame
to the said collector or surveyor, and obtained a permit,
in manner as herein required, or (hall, previous to her
arrival at thfe port of her dellination, take on board any
negro, mulatto or perion of colour, other than thefb
ippeified in the man fells as aforefaid, every such (hip
or vcfl’el, together with her tackle, apparel and fur
niture, (hall be forfeited to the life of the United States,
and tnav he seized, prefect]ted and condemned in any
court ot the United States having jurifdiclion thereof
And the captain, mailer or commander of every such
(hip or veffelihall moreover forfeit,for everyfuch “egro,
mulatto or person oi colour, io transported cr taken on
board, contrary to the provisions of this act, the lum
of one thoufuiid dollars; one moiety thereof to the
United Matts, and the other moiety to the uie of any
perion or perfuns who fliall sue for and prolecute the
fame to -ffict.
Sec. 10. And be it further ena&cd, That the captain,
mailer cr comm.nder of every (hip or veflel, of the
burthen of forty ton, or more, from and alter tlie firit
of January, one thoufrml eight hu idred and eight,
f.tiiing coaftwife, and having on board any negro, mu
latto or pel ion cf colour, to Jell or diipofe of as Caves,
or to be held to service cr labor, ar.d arriving at any
port within the jurildiClion of the United States, from
any othep port within the inme, (hall, previous to the
unlading or p>uttmg on ihore any of the perion* afore
faid, or fuffei ing them to go oil Ihore, deliver to the
collector, :i there be one, or if not, to the surveyor
refidir.g at the port of her arrival, the niamfeit certi
fied by the colledlor or surveyor of the port from
whence (lie failed, as is herein before direded ; to the
truth of which, before luch officer, lie (hall lwear or
affirm, and if the coiieflor or surveyor ihi.il be Crushed
therewith, he (hall thereupon grant a permit lor uil
ladiug or fullering such negro, mulatto or person of
col,nr to be put on shore. And if the captain, mailer
or commander of any luch Clip or veflei, being laden as
aforefaid, (hali uegleA or refule to deliver tiie maiiifell,
at the time and in the manner herein directed, or (hail
land or put on fliore any negro, mulatto or perion of
colour, f.,r the purpose uforelaid, before- he (ball have
delivered his uiumleft as aforefaid, and obtained a pei
mit for that purpose, every such captain, mailer or
commander, ffiaii forfeit and pay ten thotiland dollars,
one moiety thereof to the United States, the other
moiety to the uie of any ptrfon or perfoas v-ho lhail
lue for and prolecute the lame to effect.
NATHANIEL MACON,
Speaker of the House of Representatives,
GEORGE CLINTON,
Vice-President of the U. S. and President of the Senate.
March , ISo7—Approved,
THOMAS JEFFERSON,
Frefider.t of the United States.
•Mv r m
SPEECH OF LORD HO WICK,
IN THE BRITISH HOUSE OF COMMONS, JAN. 5,
ON THE NEGOCIATION WITH FRANCE.
IIIS lordship began by observing, that the
papers which had been laid on the table must
have by this time undergone the serious and
deliberate examination ot the members of the
house. It now became his duty to propose
that the house, as oil similar occasions they had
been accustomed to do, should in an luimbie
address to his majesty, express the feelings by
which they were actuated. In rising to per
form his duty, it was impossible for him not
to experience many painful sensations ; in the
first place he felt a deep and vast regret at the
failure of the efforts which had been sincerely
directed towards the restoration of peace ; anil
he also felt great anxiety and pain at the diffi
culties which the rapid succession of disastrous
events had recently thrown in the way of the
acr.omplishinent of such a desirable event.
But he had also painful feelings, which were
more pecliuai Iy his own ; it was impossible for
him not to recollect the great man who was
now no more ! whose loss was to him irrepa
rable as it was by the country to be lamented !
At this moment he more strongly felt the se
verity of the loss, when he was called upon to
detail and defend a transaction to which that it*
lustrious statesman alone was equal, and to
which he felt that his own powers were insuffi
cient. Il any thing could support him in the
execution of this task, it was his knowledge of
the principles which his revered friend held on
this subject, to the lust moments cf his exis
tence, of the anxiety which he felt to secure,
if possible, the peace and prosperity of the
country. Could he trust that the general con
currence of sentiment which prevailed abroad
on the subject of the negociation prevailed in
that house—could he trust to the impression
made hy the Unanimous vote of the other house
ot parliament on this occasion, his task would
he easy ; but he knew well the severity of cri
ticism which he had to apprehend from the
lion, gentleman opposite, and the fundamental
difference of opinion which existed between
them on this subject. lie would endeavour,
however, by a clear and detailed statement, to
shew that'government had neither oh the one
lu;id compronuied, in a single instance, the
hm ref the crown, f 7 any iir.prefsf ernees
biens or s..i ; ii-ces—nor, on ti e other, i.ijdvc
ted tr.y means of concluding such a peace aa
v oum be consistent w uii the in.c.csts nu p,os
peri* yof the country. He v.ds net un. wait th..t
it was necessary for him to shew, ti.at at me
commencement of the negotiation peace \vs
desirable. It always was so ; peace v.-s mo
only legitimate cntl cf honourable war. ’me
question rather was, had the negotiation bet a
opened at a favourable time, and when it cotiicf
be ieason.blv hoped that equitable terms of
peace might he obtained ? Auer the failure of
the third coalition, in consequence ot the un
fortunate battle of Austeriitz, it could hardy
be denied, that could peace have bet ii oblan,cu,‘
on terms-not in themselves dangerous, were it
even hut for a temporary repose, it would
luve been desirable. If on such terms desira
ble, lie could not understand on what j rincipltj
the terms proposed in the late ncgocfoiioii
could be objected to. Recurring to Mr. box's
first answer to M. Talleyrand’s original leuci,
he repeated the passages which stated vfoi
principle on which peace could be obtained.-
Out of that principle grew these conditions t
l'irst, that wu could riot treat hut in coiijunc
tiqa with Use emperor cf Russia. Secondly, •
that the ncgocjaiipri should be conducted on
the basis of actual possession ; because a f.e‘-
gocialjon to be honorable must be equal, and
to be equal each party must acknowledge tne
other not to be unuer the necessity of put
chasing peace by concession. On the first day
of U.e session, a light honorable gentleman
(Mr. Canning) had stated three points,V. Rich
it appeared to him to bo necessary that bivjjiia
jesty’s ministers should make out. The first
was that the overture for negociation had pro
ceeded from the enemy ;.thc second, that the
negociation had been instituted on the basis of
actual possession ; and the third, that we had
acted in conceit w ith our allies. As to tho
first overture having been received from the
enemy, that fact could scarcely he doubted - r
for he did not suppose that the right hon. gen
t!emm would rv cur to the fanciful supposition,
tiial any pacific proposition i;.cl been made pri
or to Mr. Fox’s letter lespccting the assassins-’
lion. The answer contained specific senti
ments ; “but (it may be said) it proved a uif-”
ferent basis ; it proposed the stipulation of tivot
treaty of Amiens—True—but what was tno
reply ? that that was a basis on which the; e
could be no hope that the negotiation could oe
conducted to a salutary end, because it was sor
undefined ar.d liable to dispute that the first bu
siness of the negociation must be to determine*
what was the basis of that treaty iiseif.’ In ids’
answer, M. Talleyrand gives'up that basis ia.
effect and almost in words, w ith an iiiroiicaUoii,;
’ that he is willing to treat on the basis 01 actual:
possession. He “says, that France desires no
thing of England ; that the n.egecia ion ought
to be concluded yn the principle of eqiu. itv,
for, as France was a great power on tlie couii—
neat, so Great-Britain was a great power a?
sea. Tli'e fair construction on these expres
sions was, that the basis of actuai possession
would be admitted ; hut let it not be supposed
that he meant'to rest the case upon construct
tire evidence ;’although that evidence n.foht
fairly corroborate succeeding’offers of u mere
direct nature, in consequence of which the nc'-
gociation commenced. But the letter to which
lie had alluded insisted we should treat win
our allies. This Mr. Fox had once rejected,
determined'not to separate their interests lrom.
those of'Great-Bri.ain. In the answer to the
letter in widen this rejection was contained, M.
Talleyrand made use of arguments so absurd,
that he would not detain the house by re view
ing them. Ail his lengthened sophisms va
nished before the plain reply of Mr. 10:;, in
three or four lines. Any person who has read
the last paragraph in Mr. Fox’s leuci ot fiu
20. h of April, must see that he thought ta®
negociation at an end. Up to this period coiv-d
the house wish any thing to be aitc.cd. A roaM
ned gentleman had improperly, as he conceiv
ed, taunted tlie present administration’ on the
plainness and simplicity with which they pro
fessed to negotiate.—Ect him look at .Ur.
Fox’s letters, and he would there find a frank
ness and unequivocal sincerity, combined v.itn,
a profound and comprehensive policy, whiclr
would ever immortalize that illustrious states
man, and which sufficiently proved, that tho
fond expectations which the country ciitci Lin
ed from his unequalled genius and ivisdov.i
were not disappointed. Those letters, were
models of diplomatic correspondence; if ff wer©
wished to hold up a contrast between the cha
racter of this country ar.d the character -of
France, Mr. Fox’s letters would satisfy that w fi*h.
He was ’glad to find that •on this subject,- at
least, there t, .is something like a general con
currence of sentiment. From the2oth of A
pril to the -i.h of June we heard r.o more of n'e
goclation. On the 4th of June, a letter was
received from M. Talleyrand, and on the same
day, a noble lord arrived in England from Paris,
charged with official letters from the French
government. The letters proposed two'prin
ciples on w hich the negociation might be fin*
dertaken; anil there was an attempt to get iiil
of the difficulties of a joint negociation by a
reference (however mistaken) to the transac
tions during the marquis of Rockingham’s -ad.
ministration. But, as lie before observed, ; at
the s me'lime iliac this letter was received,
came, lord Yarmouth, who distinctly stated-to
hix majesty’s ministers what had been conr
firmed bv that noble lord hi his speech in that
house, a few evenings ago, tliat he was authu
ised by the French government to propose
the commencement of a negociation on tho
basis of actual possession. Did gentlemen
t qnne tiie fact. He begged them not to
iorm their judgment on the precise words m
the paper written hy lord Yarmouth, which,
was merely a memorandum, but to take a