| Date | 1789 |
|---|---|
| Law/Legislation | Law |
| Jurisdiction | DE |
| Title | An additional Supplementary Act to an act, intituled, An act to prevent the exportation of ?laves, and for other purpo?es |
| Description/Full Text | Preamble, WHEREAS it is incon?i?tent with that ?pirit of general liberty which pervades the con?titu tion of this ?tate, that veffels ?hould be fitted out, or equipped, in any of the ports thereof, for the pur- pofe of receiving and traniporting the natives of A- frica to places where they are held in Navery ; or that any acts fhould be deemed lawful, which tend to en- courage or promote ?uch iniquitous traffic among us : Ve??els equipped for the ?lave trade ?hall be forfeited. Section 1. BE it therefore enabled by the General A?- ?embly of Delaware, That if any owner or owners, ma?ter, agent, or factor, ?hall fit out, equip, man, or otherwi?e prepare, any thip or ve??el within any port or place in this ?tate, or thall cau?e any thip, or other ve??el, to ?ail from any port or place in this ?tate, for the purpo?e of carrying on a trade or traffic in ?laves, to, from, or between, Europe, A?ia, Africa, or America, or any places or countries whatever, or of tran?porting llaves to, or from, one port or place to another, in any part or parts of the world ; ?uch ?hip or ve??el, her tackle, furniture, apparel, and other appurtenances, ?hall be forfeited to this ?tate, and mall be liable to be ?eized, and profecuted, by any Officer of the Cu?toms, by informacion to the Ju?tices of the Court of Common Pleas for the county wherein ?uch ?eizure ?hall be made ; whereupon ?uch proceedings ?hall be had, both unto, and after judg- ment, as in and by the laws of this ?tate, relating to Every per?on fitting out ?uch ve??el shall forfeit 500 l [pounds?] ca?es of ?eizure is directed: And moreover, all and every per?on and per?ons ?o fitting out, manning, e- quipping, or otherwi?e preparing, or ?ending away, any ?hip or ve??el, intending that the ?ame ?hall be em- ployed in ?uch trade or bu?ine?s, contrary to the true intent and meaning of this act, or anywi?e aiding or abetting therein, ?hall ?everally forfeit and pay the ?um of Five Hundred Pounds ; one moiety thereof to the u?e of the ?tate, and the other moiety thereof to the u?e of him or her who will fue for the ?ame, by action of debt, bill, plaint, or information. Exporting a ?lave without permit, Sect. 2. And whereas it has been found by experi- ence,' that the act, intituled, An act to prevent the ex-, portation of flaves, and for otber purpo?es, has not pro- duced a}l the good effects expected therefrom ; for re- médy whereof, Be it enacted, That if any per?on or per?ons, after the pafling of this act, ?hall export, or Tell with an intention to export, to the places herein after prohibited, or ?hall carry out for ?ale any Negro or Mulaito fave from this ?tate, to Maryland, Vir- ginia, either of the Carolinas, Georgia, or the We?t- Indies, without licence or permit fir?t had and ob- , tained from five Ju?tices of the Peace, of the county where the owner or owners of ?uch Negro or Mulauto or attempting the ?ame, the penalty Have ?hall re?ide, in open ?e??ions, ?hall forfeit and pay for every Negro or Mulatto ?lave ?o exported, fold, or carried out of this ?tate for ?ale, the ?um of One Hundred Pounds; and for every attempt ?o to do, the ?um of Twerty Pounds; one moiety thereof to be applied to the u?e of the ?tate, and the other moiety to ?uch per?on or per?ons who will ?ue for the fame; to be recovered in any Court of Record in this ?tate, by action of debt, bill, plaint, or information ; any law, u?age, or cu?tom, to the contrary notwith- ?tanding. Slaves ?hall be tried for capital offences, by jury. Sect. 3. And whereas it is but ju?t and rea?onable that Negro and Mulatto Naves ?hould receive a trial by jury, in capital ca?es; Be it therefore enacted, That all Negro and Mulatto flaves, after the pa??ing of this act, ?hall be tried, for all capital offences, in the Court jury. of General Quarter Se??ions of the Peace for the fe- veral counties, where the ?ame offences ?hall be com- mitted, by the u?ual mode of proceeding in the ?aid courts for the puni?hment of crimes again?t the ?tate, now cognizable in faid courts. Expences of trial to be paid by the county. Sect. 4. And be it enafted, That the expence of the trial of Negro or Mulatto ?aves, for capital offences, Ihall be borne and paid by the county; any law, u?age, or cu?tom to the contrary notwith?tanding. Former act repealed Sect. 5. And be it enacted, That ?o much of an act, intituled, An act for the trial of Negroes, as gives to two Ju?tices of the Peace, and ?ix freeholders, the power of trying, determining, and convicting, any Negro, Mulatto, or other flave, and puni?hing the ?ame with death, for any capital offence what?oever, be, and the ?ame is hereby repealed, and made 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 | – |
If you are citing this record, please use the following format:
[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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