An Act for the Gradual Abolition of Slavery, passed by the Fifth Pennsylvania General Assembly on 1 March 1780, prescribed an end for slavery in the Commonwealth of Pennsylvania in the United States. It was the first slavery abolition act in the course of human history to be adopted by an elected body.
This state legislative action prohibited the further importation of children and adults into the Commonwealth of Pennsylvania for the purposes of enslaving them, required Pennsylvania slaveholders to annually register the names of the individuals they were continuing to enslave (with forfeiture for noncompliance, and manumission for the enslaved), and established that all children born in Pennsylvania were free persons regardless of the condition or race of their parents.
Individuals who had been enslaved in Pennsylvania before the 1780 law came into effect remained enslaved for life. Pennsylvania's "gradual abolition"—rather than Massachusetts's 1783 "instant abolition"—became a model for freeing enslaved people in other northern states.
A draft bill for the Gradual Abolition of Slavery was initially presented on August 21, 1778. It eventually passed on March 1, 1780. Matthew Hughes (1733-1810) of Buckingham Township, Bucks County, is credited as the author and chief advocate of the legislation. He was the great-grandson of Judge William Biles, an early Pennsylvania legislator and justice of the first Supreme Court for Pennsylvania. He was also a great-grandson of Governor Samuel Jenings, the first elected governor of West New Jersey.
The 1780 Act prohibited the further importation of children and adults into the Commonwealth of Pennsylvania for the purpose of enslavement, but also preserved what were considered, at that time, to be the "property rights" of Pennsylvanians who were engaged in the practice of chattel slavery by not freeing enslaved people already held in bondage. It changed the legal status of future children born to enslaved Pennsylvania mothers from "slave" to "indentured servant," but required those children to continue working for their mothers' enslavers until the age of 28. To verify that no additional enslaved individuals were imported, the Act created a registry of all enslaved children and adults in the commonwealth. Pennsylvanians who failed to annually register the individuals they were continuing to enslave, or who handled those registrations improperly, were required by law to set the individuals they were enslaving free by manumission. [1]
The 1780 Act specifically exempted members of the U.S. Congress, allowing those elected officials to continue their enslavement of children and adults for their own purposes. At that time, the U.S. Congress was the only branch of the federal government operating under the Articles of Confederation; it met in Philadelphia.
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An Amendment, created to explain and to close loopholes in the 1780 Act, was passed in the Pennsylvania legislature on March 29, 1788. The Amendment prohibited Pennsylvanians from transporting pregnant enslaved women out-of-state so that their children would be born enslaved, and also prohibited Pennsylvanians from separating enslaved husbands from wives and enslaved children from parents. It required Pennsylvanians to register, within six months, the births of children to enslaved mothers. It prohibited all Pennsylvanians from participating in, building or equipping ships for, or providing material support to the slave trade. [5]
The 1780 Act initially allowed non-resident slaveholders visiting Pennsylvania to hold enslaved people in bondage within the commonwealth for up to six months; however, a loophole was soon identified and exploited. It enabled non-resident slaveholders to void this residency requirement by taking the individuals they were enslaving out of Pennsylvania before the six-month deadline took effect. This meant that the residency requirement could be easily voided by simply relocating enslaved individuals to neighboring states for one day before returning them to Pennsylvania. The 1788 Amendment, however, prohibited this rotation of enslaved people in and out-of-state to subvert Pennsylvania law.
The 1780 Act had exempted members of the U.S. Congress from prohibitions on the practice of chattel slavery. By 1790, when Philadelphia became the temporary national capital, there were three branches of the federal government operating under the U.S. Constitution. There was confusion about whether or not the Pennsylvania law extended to all federal officials; members of Congress (legislative branch) remained exempt, but there was uncertainty regarding whether justices of the U.S. Supreme Court (judicial branch) and the U.S. President and the U.S. Cabinet (executive branch) would also be exempt. When United States Attorney General Edmund Randolph was required by Pennsylvania law to manumit the individuals he had been enslaving, he conveyed this advice to President George Washington through the president's secretary, Tobias Lear:
This being the case, the Attorney General conceived, that after six months residence, your slaves would be upon no better footing than his. But he observed, that if, before the expiration of six months, they could, upon any pretense whatever, be carried or sent out of the State, but for a single day, a new era would commence on their return, from whence the six months must be dated for it requires an entire six months for them to claim that right. [6]
Washington argued privately that his presence in Philadelphia was solely a consequence of the city being the temporary national capital, and that he remained a citizen of Virginia and subject to its laws on slavery. Still, he was careful not to spend six continuous months in Pennsylvania, which might be interpreted as establishing legal residency. Litigating the issue might have clarified his legal status and that of other slaveholding federal officials, but it also would have called attention to his slaveholding in the President's House and put him at risk of losing those slaves to manumission. [7] It was thought that he followed Randolph's advice and knowingly and repeatedly violated the state's 1788 Amendment by rotating the enslaved Africans in his presidential household into and out of Pennsylvania. [8]
There is no record of Washington being challenged. According to Lear, the Pennsylvania Abolition Society seems to have turned a blind eye to the President's actions:
That the Society in this city for the abolition of slavery, had determined to give no advice and take no measures for liberating those Slaves which belonged to the Officers of the general Government or members of Congress. But notwithstanding this, there were not wanting persons who would not only give them (the Slaves) advise [ sic ], but would use all means to entice them from their masters. [6]
Other slaveholding officers of the executive and judicial branches faced a similar dilemma. Secretary of State Thomas Jefferson swore that he would eventually free his enslaved cook, James Hemings, if Hemings would agree not take advantage of Pennsylvania's abolition law. [9]
Philadelphia's hostile environment for slaveholders was one of the reasons that the Constitution was written to give Congress exclusive control "over such District... as may... become the seat of the government of the United States". [10] [ failed verification ]
Those enslaved in Pennsylvania before its 1780 Act became law continued to be lifelong slaves, unless manumitted. Also, the 1780 Act and its 1788 Amendment did not apply to fugitive slaves from other states or their children. Pennsylvania tried to extend rights to fugitive slaves through an 1826 personal liberty law, but it and the 1788 Amendment were ruled unconstitutional by the US Supreme Court in Prigg v. Pennsylvania (1842).
Although slavery steadily declined in Pennsylvania, the state that had initially led the way toward abolition tolerated it for decades after it ended in Massachusetts. The 1840 U.S. Census listed 47,854 (99.87%) of the state's blacks as free, and 64 (0.13%) as slaves. [11]
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New Jersey's gradual abolition law freed future children at birth, but male children of enslaved women could be held until age twenty-five and females until age twenty-one. Those enslaved before passage of the 1804 law remained enslaved for life. The last vestiges of slavery remained in New Jersey until December 6, 1865, when ratification of the Thirteenth Amendment to the United States Constitution ended slavery in the United States. New Jersey's legislature did not approve the Thirteenth Amendment until February 1866, two months after it had been ratified by three-fourths of the states.
Abolitionism, or the abolitionist movement, is the movement to end slavery and liberate slaves around the world.
The legal institution of human chattel slavery, comprising the enslavement primarily of Africans and African Americans, was prevalent in the United States of America from its founding in 1776 until 1865, predominantly in the South. Slavery was established throughout European colonization in the Americas. From 1526, during the early colonial period, it was practiced in what became Britain's colonies, including the Thirteen Colonies that formed the United States. Under the law, an enslaved person was treated as property that could be bought, sold, or given away. Slavery lasted in about half of U.S. states until abolition in 1865, and issues concerning slavery seeped into every aspect of national politics, economics, and social custom. In the decades after the end of Reconstruction in 1877, many of slavery's economic and social functions were continued through segregation, sharecropping, and convict leasing.
In the United States before 1865, a slave state was a state in which slavery and the internal or domestic slave trade were legal, while a free state was one in which they were prohibited. Between 1812 and 1850, it was considered by the slave states to be politically imperative that the number of free states not exceed the number of slave states, so new states were admitted in slave–free pairs. There were, nonetheless, some slaves in most free states up to the 1840 census, and the Fugitive Slave Clause of the U.S. Constitution, as implemented by the Fugitive Slave Act of 1793 and the Fugitive Slave Act of 1850, provided that a slave did not become free by entering a free state and must be returned to his or her owner.
In the United States, fugitive slaves or runaway slaves were terms used in the 18th and 19th centuries to describe people who fled slavery. The term also refers to the federal Fugitive Slave Acts of 1793 and 1850. Such people are also called freedom seekers to avoid implying that the enslaved person had committed a crime and that the slaveholder was the injured party.
Prigg v. Pennsylvania, 41 U.S. 539 (1842), was a United States Supreme Court case in which the court held that the Fugitive Slave Act of 1793 precluded a Pennsylvania state law that prohibited Blacks from being taken out of the free state of Pennsylvania into slavery. The Court overturned the conviction of slavecatcher Edward Prigg as a result.
In the context of slavery in the United States, the personal liberty laws were laws passed by several U.S. states in the North to counter the Fugitive Slave Acts of 1793 and 1850. Different laws did this in different ways, including allowing jury trials for escaped slaves and forbidding state authorities from cooperating in their capture and return. States with personal liberty laws included Connecticut, Massachusetts, Michigan, Maine, New Hampshire, Ohio, Pennsylvania, Wisconsin, and Vermont.
The fugitive slave laws were laws passed by the United States Congress in 1793 and 1850 to provide for the return of enslaved people who escaped from one state into another state or territory. The idea of the fugitive slave law was derived from the Fugitive Slave Clause which is in the United States Constitution. It was thought that forcing states to deliver fugitive slaves back to enslavement violated states' rights due to state sovereignty and was believed that seizing state property should not be left up to the states. The Fugitive Slave Clause states that fugitive slaves "shall be delivered up on Claim of the Party to whom such Service or Labour may be due", which abridged state rights because forcing people back into slavery was a form of retrieving private property. The Compromise of 1850 entailed a series of laws that allowed slavery in the new territories and forced officials in free states to give a hearing to slave-owners without a jury.
Compensated emancipation was a method of ending slavery, under which the enslaved person's owner received compensation from the government in exchange for manumitting the slave. This could be monetary, and it could allow the owner to retain the slave for a period of labor as an indentured servant. Cash compensation rarely was equal to the slave's market value.
Slavery in New Jersey began in the early 17th century, when Dutch colonists trafficked African slaves for labor to develop the colony of New Netherland. After England took control of the colony in 1664, its colonists continued the importation of slaves from Africa. They also imported "seasoned" slaves from their colonies in the West Indies and enslaved Native Americans from the Carolinas.
Ona "Oney" Judge Staines was a biracial woman who was enslaved by the Washington family, first at the family's plantation at Mount Vernon and later, after George Washington became president, at the President's House in Philadelphia, then the nation's capital city. In her early twenties, she absconded, becoming a fugitive slave, after learning that Martha Washington had intended to transfer ownership of her to her granddaughter, known to have a horrible temper. She fled to New Hampshire, where she married, had children, and converted to Christianity. Though she was never formally freed, the Washington family ultimately stopped pressing her to return to Virginia after George Washington's death.
The New-York Manumission Society was an American organization founded in 1785 by U.S. Founding Father John Jay, among others, to promote the gradual abolition of slavery and manumission of slaves of African descent within the state of New York. The organization was made up entirely of white men, most of whom were wealthy and held influential positions in society. Throughout its history, which ended in 1849 after the abolition of slavery in New York, the society battled against the slave trade, and for the eventual emancipation of all the slaves in the state. It founded the African Free School for the poor and orphaned children of slaves and free people of color.
Slavery was practiced in Massachusetts bay by Native Americans before European settlement, and continued until its abolition in the 1700s. Although slavery in the United States is typically associated with the Caribbean and the Antebellum American South, enslaved people existed to a lesser extent in New England: historians estimate that between 1755 and 1764, the Massachusetts enslaved population was approximately 2.2 percent of the total population; the slave population was generally concentrated in the industrial and coastal towns. Unlike in the American South, enslaved people in Massachusetts had legal rights, including the ability to file legal suits in court.
When the Dutch and Swedes established colonies in the Delaware Valley of what is now Pennsylvania, in North America, they quickly imported enslaved Africans for labor; the Dutch also transported them south from their colony of New Netherland. Enslavement was documented in this area as early as 1639. William Penn and the colonists who settled in Pennsylvania tolerated slavery. Still, the English Quakers and later German immigrants were among the first to speak out against it. Many colonial Methodists and Baptists also opposed it on religious grounds. During the Great Awakening of the late 18th century, their preachers urged slaveholders to free their slaves. High British tariffs in the 18th century discouraged the importation of additional slaves, and encouraged the use of white indentured servants and free labor.
Hercules Posey was an enslaved African owned by George Washington, at his plantation Mount Vernon in Virginia. "Uncle Harkless," as he was called by George Washington Parke Custis, served as chief cook at the Mansion House for many years. In November 1790, Hercules was one of eight enslaved Africans brought by President Washington to Philadelphia, Pennsylvania, then the temporary national capital, to serve in the household of the third presidential mansion.
Christopher Sheels, was a slave and house servant at George Washington's plantation, Mount Vernon, in Virginia, United States.
Slavery in Maryland lasted over 200 years, from its beginnings in 1642 when the first Africans were brought as slaves to St. Mary's City, to its end after the Civil War. While Maryland developed similarly to neighboring Virginia, slavery declined in Maryland as an institution earlier, and it had the largest free black population by 1860 of any state. The early settlements and population centers of the province tended to cluster around the rivers and other waterways that empty into the Chesapeake Bay. Maryland planters cultivated tobacco as the chief commodity crop, as the market for cash crops was strong in Europe. Tobacco was labor-intensive in both cultivation and processing, and planters struggled to manage workers as tobacco prices declined in the late 17th century, even as farms became larger and more efficient. At first, indentured servants from England supplied much of the necessary labor but, as England's economy improved, fewer came to the colonies. Maryland colonists turned to importing indentured and enslaved Africans to satisfy the labor demand.
In the United States, abolitionism, the movement that sought to end slavery in the country, was active from the late colonial era until the American Civil War, the end of which brought about the abolition of American slavery, except as punishment for a crime, through the Thirteenth Amendment to the United States Constitution.
Gradual emancipation was a legal mechanism used by some states to abolish slavery over some time, such as An Act for the Gradual Abolition of Slavery of 1780 in Pennsylvania.
In the District of Columbia, the slave trade was legal from its creation until it was outlawed as part of the Compromise of 1850. That restrictions on slavery in the District were probably coming was a major factor in the retrocession of the Virginia part of the District back to Virginia in 1847. Thus the large slave-trading businesses in Alexandria, such as Franklin & Armfield, could continue their operations in Virginia, where slavery was more secure.
Following the creation of the United States in 1776 and the ratification of the U.S. Constitution in 1789, the legal status of slavery was generally a matter for individual U.S. state legislatures and judiciaries As such, slavery flourished in some states, and withered on the vine in others. On the whole, the former Thirteen Colonies abolished slavery relatively slowly, if at all, with several Northern states using gradual emancipation systems in which freedom would be granted after so many years of life or service.