United States Statutes at Large/Volume 3/15th Congress/1st Session/Chapter 91
Chap. XCI.—An Act in addition to “An act to prohibit the introduction (importation) of slaves into any port or place within the jurisdiction of the United States, from and after the first day of January, in the year of our Lord one thousand eight hundred and eight,” and to repeal certain parts of the same.
Act of March 2, 1807, ch. 22.
Act of March 3, 1819, ch. 77.
Act of May 15, 1820, ch. 113.
Negroes not to be imported, with intent to hold them as slaves.
Vessels in which they are imported forfeited.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That from and after the passing of this act, it shall not be lawful to import or bring, in any manner whatsoever, into the United States, or territories thereof, from any foreign kingdom, place, or country, any negro, mulatto, or person of colour, with intent to hold, sell, or dispose of, any such negro, mulatto, or person of colour, as a slave, or to be held to service or labour; and any ship, vessel, or other water craft, employed in any importation as aforesaid, shall be liable to seizure, prosecution, and forfeiture, in any district in which it may be found; one half thereof for the use of the United States, and the other half to the use of him or them who shall prosecute the same to effect.
No person to equip vessels for the slave trade in the ports of the United States.Sec. 2. And be it further enacted, That no citizen or citizens of the United States, or any other person or persons, shall, after the passing of this act, as aforesaid, for himself, themselves, or any other person or persons whatsoever, either as master, factor, or owner, build, fit, equip, load, or otherwise prepare, any ship or vessel, in any port or place within the jurisdiction of the United States, nor cause any such ship or vessel to sail from any port or place whatsoever, within the jurisdiction of the same, for the purpose of procuring any negro, mulatto, or person or colour, from any foreign kingdom, place, or country, to be transported to any port or place whatsoever, to be held, sold, or otherwise disposed of, as slaves, to be held to service or labour;Vessels equipped for the slave trade forfeited, &c.
Half to the person suing, &c. and if any ship or vessel shall be so built, fitted out, equipped, laden, or otherwise prepared, for the purpose aforesaid, every such ship or vessel, her tackle, apparel, furniture, and lading, shall be forfeited, one moiety to the use of the United States, and the other to the use of the person or persons who shall sue for said forfeiture, and prosecute the same to effect; and such ship or vessel shall be liable to be seized, prosecuted, and condemned, in any court of the United States having competent jurisdiction.
Persons concerned in fitting out vessels for the slave trade, &c. subject to a fine.Sec. 3. And be it further enacted, That every person or persons so building, fitting out, equipping, loading, or otherwise preparing, or sending away, or causing any of the acts aforesaid to be done, with intent to employ such ship or vessel in such trade or business, after the passing of this act, contrary to the true intent and meaning thereof, or who shall, in any wise, be aiding or abetting therein, shall, severally, on conviction thereof, by due course of law, forfeit and pay a sum not exceeding five thousand dollars, not less than one thousand dollars, one moiety to the use of the United States, and the other to the use of the person or persons who shall sue for such forfeiture and prosecute the same to effect, and shall moreover be imprisoned for a term not exceeding seven years, nor less than three years.Imprisonment, &c.
Citizens or residents liable to a fine and to imprisonment, for transporting persons not held to service, &c. by the laws of the United States, &c.Sec. 4. And be it further enacted, That if any citizen or citizens of the United States, or other person or persons resident within the jurisdiction of the same, shall, from and after the passing of this act, take on board, receive, or transport, from any of the coasts or kingdoms of Africa, or from any other foreign kingdom, place, or country, or from sea, any negro, mulatto, or person of colour, not being an inhabitant, nor held to service by the laws of either of the states or territories of the United States, in any ship, vessel, boat, or other water craft, for the purpose of holding, selling, or otherwise disposing of, such person as a slave, or to be held to service or labour, or be aiding or abetting therein, every such person or persons, so offending, shall, on conviction, by due course of law, severally forfeit and pay a sum not exceeding five thousand, nor less than one thousand dollars, one moiety to the use of the United States, and the other to the use of the person or persons who shall sue for such forfeiture and prosecute the same to effect, and, moreover, shall suffer imprisonment, for a term not exceeding seven years nor less than three years; and every ship or vessel,Vessel, &c. forfeited. boat, or other water craft, on which such negro, mulatto, or person of colour, shall have been taken on board, received, or transported, as aforesaid, her tackle, apparel, and furniture, and the goods and effects which shall be found on board the same, or shall have been imported therein in the same voyage, shall be forfeited, one moiety to the use of the United States, and the other to the use of the person or persons who shall sue for and prosecute the same to effect; and every such ship or vessel shall be liable to be seized, prosecuted, and condemned, in any court of the United States having competent jurisdiction.
Slaves imported in violation of this act, to be disposed of as the territorial authorities may prescribe, &c.Sec. 5. And be it further enacted, That neither the importer or the importers, nor any person or persons claiming from or under him or them, shall hold any right, interest, or title whatsoever, in or to any negro, mulatto, or person of colour, nor to the service or labour thereof, who may be imported or brought into the United States or the territories thereof in violation of the provisions of this act, but the same shall remain subject to any regulations, not contravening said provisions, which the legislatures of the several states or territories may at any time heretofore have made, or hereafter may make, for disposing of any such negro, mulatto, or person of colour.
Persons bringing in any negro, &c. from a foreign place, &c. or holding, selling, such negro, &c. when brought in, as a slave, forfeit not more than ten, nor less than one, thousand dolls. and are subject to imprisonment.Sec. 6. And be it further enacted, That if any person or persons whatsoever shall, from and after the passing of this act, bring within the jurisdiction of the United States, in any manner whatsoever, any negro, mulatto, or person of colour, from any foreign kingdom, place, or country, or from sea, or shall hold, sell, or otherwise dispose of, any such negro, mulatto, or person of colour, so brought in, as a slave, or to be held to service of labour, or be in any wise aiding or abetting therein, every person so offending shall, on conviction thereof by due course of law, forfeit and pay, for every such offence, a sum not exceeding ten thousand nor less than one thousand dollars, one moiety to the use of the United States, and the other to the use of the person or persons who shall sue for such forfeiture, and prosecute the same to effect; and, moreover, shall suffer imprisonment, for a term not exceeding seven years nor less than three years.
Persons holding, buying, or selling, &c. any negro, &c. brought as a slave, in any way, from a foreign place, or from adjoining foreign dominions.Sec. 7. And be it further enacted, That if any person or persons whatsoever shall hold, purchase, sell, or otherwise dispose of, any negro, mulatto, or person of colour, for a slave or to be held to service or labour, who shall have been imported or brought, in any way, from any foreign kingdom, place, or country, or from the dominions of any foreign state immediately adjoining to the United States, into any port or place within the jurisdiction of the United States, from and after the passing of this act, every person so offending, and every person aiding or abetting therein, shall severally forfeit and pay, for every negro, mulatto, or person of colour, so held, purchased, sold, or disposed of, one thousand dollars, one moiety to the use of the United States, and the other to the use of the person r persons who may sue for such forfeiture, and prosecute the same to effect, and to stand committed until the said forfeiture be paid: Provided,Proviso; the forfeiture not to extend to the seller or purchaser of any negro, &c. under the lawful regulations of a state, &c. That the aforesaid forfeiture shall not extend to the seller or purchaser of any negro, mulatto, or person of colour, who may be sold or disposed of in virtue of any regulations which have been heretofore, or shall hereafter be, lawfully made by any legislature of any state or territory in pursuance of this act and the constitution of the United States.
Onus probandi on the defendant.Sec. 8. And be it further enacted, That in all prosecution under this act, the defendant or defendants shall be holden to prove that the negro, mulatto, or person of colour, which he or they shall be charged with having brought into the United States, or with purchasing, holding, selling, or otherwise disposing of, and which, according to the evidence in such case, the said defendant or defendants shall have brought in aforesaid, or otherwise disposed of, was brought into the United States at least five years previous to the commencement of such prosecution, or was not brought in, holden, purchased, or otherwise disposed of,In failure of proof the defendant to be guilty. contrary to the provisions of this act; and in failure thereof, the said defendant or defendants shall be adjudged guilty of the offence of which he or they may stand accused.
Sec. 9. And be it further enacted, That any prosecution, Prosecutions may be sustained within five years.information, or action, may be sustained, for any offence under this act, at any time within five years after such offence shall have been committed, any law to the contrary notwithstanding.
The first six sections of the act of 2d March, 1807, repealed.
Act of March 2, 1807, ch. 22.Sec. 10. And be it further enacted, That the first six section of the act to which this is in addition, shall be and the same are hereby repealed: Provided, That all offences committed under the said sections of the act aforesaid, before the passing of this act, shall be prosecuted and punished, and any forfeitures which have been incurred under the same shall be recovered and distributed, as if this act had not been passed.
Approved, April 20, 1818.