Ch. 5.8. Primary Sources: The U.S. Slave Trade Acts of 1794 to 1807

In a series of laws passed between 1794 and 1803 the U.S. restricted American participation in the international slave trade, even though the importation of slaves into the U.S. by foreigners remained legal. The Constitution (1.9.1) guaranteed that states could continue to import slaves until at least 1808 (i.e., Congress could not prohibit such imports until then). Georgia and South Carolina imported about 100,000 new slaves between 1800 and 1808.

The Slave Trade Act of 1794 prohibited any direct involvement by American ships or ports in the international slave trade.

An Act to Prohibit the Carrying on the Slave Trade from the United States to any Foreign Place or Country.

SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled: That no citizen or citizens of the United States, or foreigner, or any other persons coming into, or residing within the same, shall, for himself or any other person whatsoever, either as master, factor or owner, build, fit, equip, load or otherwise prepare any ship or vessel, within any port or place of the said United States nor shall cause any ship or vessel to sail from any port or place within the same, for the purpose of carrying on any trade or traffic in slaves, to any foreign country; or for the purpose of procuring, from any foreign kingdom, place or country, the inhabitants of such kingdom, place or country, to be transported to any foreign country, port, or place whatever, to be sold or disposed of, as slaves…

SEC. 3. And be it further enacted: That the owner, master or factor of each and every foreign ship or vessel, clearing out for any of the coasts or kingdoms of Africa, or suspected to be intended for the slave trade, and the suspicion being declared to the officer of the customs, by any citizen, on oath or affirmation, and such information being to the satisfaction of the said officer, shall first give bond with sufficient sure ties, to the treasurer of the United States, that none of the natives of Africa, or any other foreign country or place, shall be taken on board the said ship or vessel, to be transported, or sold as slaves, in any other foreign port or place whatever, within nine months thereafter.

The Slave Trade Act of 1800 prohibited Americans from participating in the slave trade as individual investors in foreign ships, or as sailors or merchants on foreign ships.

The Slave Trade Act of 1803 added new fines for anyone who brought newly imported slaves into states that prohibited the slave trade.

Jefferson’s Speech. On December 2, 1806, in his annual message to Congress, President Jefferson denounced the international slave trade and called for its prohibition as soon as possible:

I congratulate you, fellow-citizens, on the approach of the period at which you may interpose your authority constitutionally, to withdraw the citizens of the United States from all further participation in those violations of human rights which have been so long continued on the unoffending inhabitants of Africa, and which the morality, the reputation, and the best interests of our country, have long been eager to proscribe.

The Slave Trade Act of March, 1807, finally outlawed the slave trade to the U.S., effective January 1, 1808. This law outlawed the slave trade to the U.S. as soon as it was possible based on the Constitution (1.9.1). Because enforcement was difficult, some slaves continued to be imported. Also, this prohibition did not affect the domestic trade in slaves within and among the states.

An Act to Prohibit the Importation of Slaves into any Port or Place Within the Jurisdiction of the United States, March 2, 1807.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled: That from and after the first day of January, one thousand eight hundred and eight, it shall not be lawful to import or bring into the United States or the territories thereof from any foreign kingdom, place, or country, any negro, mulatto, or person of colour, with intent to hold, sell, or dispose of such negro, mulatto, or person of colour, as a slave, or to be held to service or labour.

SEC 2. And be it further enacted: That no citizen or citizens of the United States, or any other person, shall, from and after the first day of January, in the year of our Lord one thousand eight hundred and eight, for himself, or themselves, or any other person 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 shall cause any ship or vessel to sail from any port or place within the same, for the purpose of procuring any negro, mulatto, or person of colour, from any foreign kingdom, place, or country, to be transported to any port or place whatsoever, within the jurisdiction of the United States, to be held, sold, or disposed of as slaves, or to be held to service or labour…

Sources: for the acts of 1794 and 1807, see Yale Law School’s Avalon Project, under An Act to Prohibit the Carrying on the Slave Trade from the United States…; and An Act to Prohibit the Importation of Slaves into any Port or Place Within the Jurisdiction of the United States…; the Avalon transcript of the act of 1807 is also at Teaching American History.org, under Act to Prohibit the Importation of Slaves.