Ch. 5.1. Primary Source: The Pennsylvania Gradual Abolition Act, 1780

This law, which became a model for most other northern states, prohibited any new imports of slaves and declared that all children born in Pennsylvania from this point on, regardless of their parents’ status, would be free. However, those who were slaves in 1780 would remain so for life. Children born to an enslaved mother would have to work as indentured servants for their masters until they turned 28.

This law meant that, while slavery in the state declined, it did so slowly. Between 1790 and 1800, the number of slaves dropped from 3,737 to 1,706 and by 1810 to 795. In 1840, there still were 64 slaves in the state, but by 1850 there were none.

 

We rejoice that it is in our power, to extend a portion of that freedom to others, which hath been extended to us … It is not for us to inquire why, in the creation of mankind, the inhabitants of the several parts of the earth were distinguished by a difference in feature or complexion. It is sufficient to know that all are the work of an Almighty Hand. We find in the distribution of the human species, that the most fertile as well as the most barren parts of the earth are inhabited by men of complexions different from ours, and from each other; from whence we may reasonably, as well as religiously, infer, that He who placed them in their various situations, hath extended equally his care and protection to all, and that it becometh not us to counteract his mercies. We esteem it a peculiar blessing granted to us, that we are enabled this day to add one more step to universal civilization, by removing, as much as possible, the sorrows of those, who have lived in undeserved bondage …

III. Be it enacted, and it is hereby enacted, That all persons as well Negroes and Mulattoes as others, who shall be born within this state from and after the passing of this act, shall not be deemed and considered as servants for life, or slaves; and that all servitude for life, or slavery of children, in consequence of the slavery of their mothers, in the case of all children born within this state from and after the passing of this act as aforesaid, shall be, and hereby is, utterly taken away, extinguished, and for ever abolished.

IV. Provided always, and be it further enacted, That every Negro and Mulatto child, born within this state after the passing of this act as aforesaid (who would, in case this act had not been made, have been born a servant for years, or life, or a slave) shall be deemed to be, and shall be, by virtue of this act, the servant of such person, or his or her assigns, who would in such case have been entitled to the service of such child, until such child shall attain unto the age of twenty-eight years, in the manner, and on the conditions, whereon servants bound by indenture for four years are or may be retained and holden…

 

Sources: Yale Law School’s Avalon Project, under: Pennsylvania – An Act for the Gradual Abolition of Slavery; and the Pennsylvania Historical and Museum Commission’s site on “Our Documentary Heritage,” under An Act for the Gradual Abolition of Slavery.

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American Legal History to the 1860s Copyright © 2020 by Richard Keyser. All Rights Reserved.

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