| Date | 1787 |
|---|---|
| Law/Legislation | Law |
| Jurisdiction | DE |
| Title | CHAP. CXLV. b. An Act to prevent the exportation of ?laves, and for other purpo?es |
| Description/Full Text | Preamble WHEREAS the General A??einbly have receiv- ed information, that ?undry Negroes and Mulattoes, as well freemen as ?laves, have been ex- ported, and ?old into other ?tates, contrary to the principles of humanity and ju?tice, and derogatory to the honour of this ?tate : Per?ons exporting a ?lave, without permit, ?hall forfeit 100 [pounds?] SECTION 1. BE it enacted by the General A??embly of Delaware, That if any per?on or per?ons, after the pa??ing of this act, ?hall export, fell, or carry out for iale, or attempt to export, ?ell, or carry out for ?ale, any Negro or Mulatto flave from this ?tate to either of the Carolinas, Georgia, or the We?t Indies, without a licence or permit fir?t had and obtained therefor, from any three Ju?tices of the Peace in the county where the owner or owners of ?uch Negro or Mulatto flave refides, ?hall forfeit and pay, for every Negro or Mulatto llave ?o exported, fold, or carried out of this ?tate for ?ale, or attempted ?o to be, the ?um of One Hundred Pounds lawful money, one moiety thereof to be applied for the u?e of the Itate, and the other moiety to ?uch per?on or per?ons who will fue for the ?ame, to be recovered in any Court of Record in this ?tate by action of debt, bill, plaint, or informa- tion. Exporting a negro or mulatto, who is or may be entitled to freedom, the penalty Sect. 2. And be it enacted, That if any per?on or per?ons ?hall ?eize and export, fell, or carry out of this ftate for ?ale, or attempt to to do, any Negro or Mu- latto, who either hath by contract enjoyed his freedom and liberty, or is hereafter to enjoy the ?ame, ?hall, ?uch offence, forfeit the ?um of One Hun- dred Pounds lawful money, to be applied to the u?e afore?aid, and recovered in manner before directed. Sect. 3. And whereas ?ome doubts have aro?e, whether a Negro or Mulatto llave, heretofore manu- mitted by his ma?ter or mi?tre?s, by writing, la?t will, or otherwi?e, without having entered into the ?ecuri- ty to indemnify the county, required by the ?everal laws of this ?tate, could be entitled to his or her free- dom; to remove all ?uch doubts, Be it enacted, That where any ma?ter or mi?tre?s may have heretofore ma. numitted and fet free any Negro or Mulatio flave, that is now above the age of twenty-one years, and Slaves heretofore manumitted, without ?ecurity given, declared free. who at the time of ?uch manumiffion was not above the age of thirty-five years, and who was healthy and no ways decrepit, or rendered incapable of get- ting his or her living, without having given the ?ecu- rities to indemnify the county, required by the laws of this ?tate, Thail and is hereby declared to be ab- ?olutely fice, in as full and ample a manner to all in- tents and purposes, as if the ?ecurity afore?aid, re, quired by ihe laws afore?aid, had been given. No ?uch manumi??on to affect creditors; Sect. 4. Provided, That no nanumillión made by any maiter or mi?tre?s as afore?aid, thall affect or pre- judice his or her creditor or creditors, who are ?uch at the time of in anumi??ion, where the ma?ter or mil- tre?s ?o inanumitting, hath not ?ufficient real or per- ?onal e?tate to ?atisfy the bona fide debts of ?uch credi- tor or creditors. or to di?charge the e?tates of ma?ters from ?upporting tho?e who are decrepit Sect. 5. Provided al?o, That nothing in this act contained ?hall extend, or be con?trucd to extend, to di?charge the e?tate or e?tates of ?uch ma?ter's or mil- tre?les, who may have manumitted any Negro or Mulatto ?larve as afore?aid without having given the ?ecurity required by law, from maintaining and ?up- porting any ?uch Negro or Mulatto, who may now be decrepit, or incapable of getting his or her liveli- hood ; any thing in this act to the contrary notwith- ?tanding, Future manumi??ions valid, without giving ?ecurity Sect. 6. And be it enacted, That any ma?ter or after the pa??ing of this act, may by any la?t will in writing, or otherwi?e, manumir and ?et at li- berty any Negro or Mulatto flave above the age of eighteen years, and under the age of thirty-five years, who is healthy, and no ways decrepit, or rendered in- capabie of getting his or her living, without giving the ?ecurity required by any of the laws of this ltare; any law, u?age, or cu?tom to the contrary in any wile notwith?tanding. Per?ons bringing a ?lave into this ?tate ?hall forfeit 20 [pounds?] and the ?lave be free. Sect. 7. And be it enacted, That if any per?on or per?ons ?hall, after the pa??ing of this act, bring any Negro or Mulatto flave into this ?tate for ?ale, or otherwi?e, the ?aid Negro or Mulatto flave is here- by declared free to all intents and purpo?es, and the per?on or per?ons bringing the ?aid Negro or Mulatto fave into the ?tate as afore?aid, ?hall forfeit and pay the ?um of Twenty Pounds, to be recovered in any Court of Record in this ?tate, by action of debt, bill; plaint, or information, one moiety thereof to be ap- plied to the u?e of the ?tate, and the other to the per- fon or per?ons who will ?ue for the ?ame. Privileges of manumitted ?laves and their i??ue Sect. 8. And be it enacted, That no llave manu- mitted agreeable to the laws of this ?tate, or made free in con?equence of this act, or the it?ue of any ?uch ?lave, ?hall be entitled to the privilege of voting at elections, or of being elected or appointed to any office of tru?t or profit, or to give evidence again?t any white per?on, or to enjoy any other rights of a freeman, other than hold property, and to obtain redre?s in law and equity for any injury to his or her per?on or property. Being convicted of hor?e-?tealing ?hall ?uffer tran?portation. Sect. 9. Provided al?o neverthele?s, and be it en- a?ted, That any Negro or Mulatto Nave, who may obtain his or her freedom, or have the ?ame confirm- ed by this act, or who have heretofore, or hereafter may, come into this ?tate from any other ?tate or county, and be convicted in any court or juri?dic- tion impowered to hear, determine, and convict, any Negro or Mulatto of hor?e ?tealing, in lieu of the pu- ni?hment pre?cribed by the laws of the ?tate for ?uch offences, ?hall by the ?aid court or juri?diction, be adjudged to be tran?ported to the We?t Indies, or fome other place where they may be received, and and be there ?old for a term of years. there di?po?ed of for a term not exceeding fourteen years, which adjudication the Sheriff of the county, where the ?ame may happen, is hereby directed to execute within three months after the adjudication, Monies ari?ing from the ?ale how appropriated. and to pay over to the Trea?urer of the ?tate, for the u?e of the ?tate, the neat proceeds of ?uch fale, after de- ducting the nece??ary expences attending ?uch tranf- portation, and ten per cent. on the neat proceeds of ?uch ?ale for his trouble therein; and in ca?e the Sheriff ?hall neglect or refu?e to account and pay as afore?aid, then the State Trea?urer, for the time be- ing, is hereby impowered and directed to recover the ?ame 'from ?uch Sheriff by action or ?uit, in the name of the Delaware State, for money had and received as afore?aid. To whom this act ?hall not extend. Sect. 10. Provided always, That nothing in this act ?hall be con?trued to extend, or affect, any per?on or per?ons who may move into this ?tate, from any other ?tate, with his or her family, and become re?i- dents thereof, or who may be travelling through the ?ame with his or her ?ervants or ?laves, or any in- habitants of this ?tate moving with his or her family into any other ?tate. Repeal of former laws. Sect. Il. And be it enaEted, That ?o much of all and every of the laws of this ?tate, as are hereby al- tered and changed, are hereby repealed, and made null and void. |
| Additional Information | – |
| Source | Delaware., Delaware. General Assembly. (1797). Laws of the State of Delaware. Wilmington, Del. Slavery & Freedom in Delaware 1639-1865, William H. Williams |
| Transcriber Notes | – |
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[Author (if known)], Laws and Legislation Related to Slavery and Free Blacks in Delaware, Maryland, and Virginia (1642-1860), [Date (if known)], Enduring Connections: Exploring Delmarva’s Black History, Nabb Research Center, Salisbury University.
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