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Act Prohibiting Importation of Slaves

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Act Prohibiting Importation of Slaves

The Act Prohibiting Importation of Slaves of 1807 (2 Stat. 426, enacted March 2, 1807) is a United States federal law that prohibits the importation of slaves into the United States. It took effect on January 1, 1808, the earliest date permitted by the United States Constitution.

This legislation was promoted by President Thomas Jefferson, who called for its enactment in his 1806 State of the Union Address. He and others had promoted the idea since the 1770s. It reflected the general trend toward abolishing the international slave trade, which Virginia, followed by all the other states, had prohibited or restricted since then (South Carolina, however, had reopened its trade). Congress first regulated against the trade in the Slave Trade Act of 1794, which made it illegal for American ships to participate in the trade. The 1807 law took matters further by criminalizing all importation from abroad, even on foreign ships.

The domestic slave trade within the United States was not affected by the 1807 law. Indeed, with the legal supply of imported slaves terminated, the domestic trade increased in importance. In addition, some smuggling of slaves persisted.

The Act affected only the import or export of slaves, and did not affect the internal trade in states or between states. During the American Revolution, all of the Thirteen Colonies prohibited their involvement in the international slave trade (some also internally abolished slavery), but three states later reopened the international slave trade (North Carolina banned slave imports in 1794, and strengthened the law in 1795. Georgia received transatlantic slave ships until 1798. South Carolina reopened the transatlantic slave trade in December 1803 and imported 39,075 enslaved people of African descent between 1804 and 1808). Article 1 Section 9 of the United States Constitution protected a state's involvement in the Atlantic slave trade for twenty years from federal prohibition. Article 5 said that this clause could not be affected by constitutional amendment. Only starting on January 1, 1808, could there be a federal law to abolish the international slave trade in all states, although individual states could and did ban it before such time.

The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.

By 1775, Africans both free and enslaved made up 20% of the population in the Thirteen Colonies, which made them the second-largest ethnic group after English Americans. In 1774, the influential, revolutionary Fairfax Resolves, called for an end to the "wicked, cruel, and unnatural" Atlantic slave trade. During the Revolutionary War, the United Colonies all pledged to ban their involvement in the transatlantic slave trade. This was done for a variety of economic, political, and moral reasons depending on the colony. After the American victory in 1783, South Carolina reopened its involvement in the slave trade until prohibiting it again in 1787, but then reopened it in 1803; while North Carolina allowed the trade beginning after the Treaty of Paris (1783) until abolishing its involvement in slave trading in 1794; and Georgia allowed the slave trade between 1783, until it closed its international trade in 1798. By 1807, only South Carolina allowed the Atlantic slave trade.

On March 22, 1794, Congress passed the Slave Trade Act of 1794, which prohibited making, loading, outfitting, equipping or dispatching of any ship to be used in the trade of slaves, essentially limiting the trade to foreign ships. On August 5, 1797, John Brown of Providence, Rhode Island became the first American to be tried in federal court under the 1794 law. Brown was convicted and was forced to forfeit his ship Hope. In the 1798 act creating the Mississippi Territory, Congress allowed slaves to be transferred from the rest of the United States to Mississippi Territory, and exempted the territory from the part of the 1787 Northwest Ordinance that abolished slavery in the Northwest Territory (modern-day Midwest) after 1800. However, the same act also abolished the importation of slaves to the Mississippi Territory from "foreign parts" (foreign nations). The penalty for illegally importing slaves from abroad to the territory was a fine of $300. In the Slave Trade Act of 1800, Congress outlawed U.S. citizens' investment in the trade and the employment of U.S. citizens on ships involved in the trade.

On March 3, 1805, Joseph Bradley Varnum submitted a Massachusetts Proposition to amend the Constitution and Abolish the Slave Trade. This proposition was tabled until 1807.

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