APPENDIX B.

LEGISLATION,ETC., OF PENNSYLVANIA IN REGARD TO

THE NEGRO.

1682. Negro SerfdomRecognized. The charter ofthe Free Society of Traders of Pennsylvania recognizes theslavery of Blacks. Slaves were to be freed after fourteen yearsof service, upon condition that they cultivate land allotted tothem, and surrender two-thirds of the produce annually.--Hazard's"Annals" (Ed. 1850), 553.

1693, July 11. Tumultsof Slaves. Action of City Councilof Philadelphia against tumults by slaves.--Penna. Col. Rec., I,380-81.

1700. Slave Marriages.Penn proposes a bill regulating slave marriages; bill is lost inCouncil.--Bettle, 368; Thomas, 266.

1700, November 27. Trialof Slaves. "An Actfor the Trial of Negroes." Introduced by Penn. This actprovided that Negroes accused of high crime should be tried bytwo justices of the peace and six freeholders; rape of whitewomen to be punished by death, and attempts by castration;Negroes were not to carry arms without special license; over fourNegroes meeting together on Sundays or other days "upon nolawful business of their masters or owners" were to bewhipped. --Statutes-at-Large, ch. 56. (Disallowed January 7,1706.)

1700, November 27. Trafficwith Slaves. "An Actfor the Better Regulation of Servants in this Province andTerritories." Traffic with slaves forbidden, among otherthings.--Statutes-at-Large, ch. 49.

1700, November 27. Dutyon Slaves. "An Act forGranting an Impost upon Wines, Rum, Beer, Ale, Cider, etc.,Imported, Retorted and Sold in this Province andTerritories."
§2. . . . "for every Negro, male or female, imported, ifabove sixteen years of age, twenty shillings; for every Negrounder the age of sixteen, six shillings.--Statutes-at-Large, ch.85.

1706, January 12. Dutyon Slaves. "An Act for Raising a Supply. . . .. " Imported Negroes, except those who lived at least twoyears in Jersey, 40s. (or 10s. ?) per head.-- Statutes-at-Large,ch. 164.

1706, January 12. Trialof Negroes. "An Act for the Trial ofNegroes." Practically the same as the Act of 1700; attemptto rape and robbery of £5 or more, punished by branding andexportation.--Statutes-at-Large, ch. 143. (Repealed by Act of1780, q. v.)

1708. Protest toLegislature. Protest of Mechanics against hiring outof Negroes.--Scharf-Wescott: "History of Philadelphia,"I, 200.

1710, December 28. DutyAct. "An Impost Act, laying a Duty on Negroes.. . . "--40s. on Negroes imported.-- Carey and Bioren, I,82.

1711, February 28. DutyAct. "An Impost Act, laying a Duty on Negroes.. . ." 40s. on Negroes not imported for importers ownuse.--Statutes-at-Large, ch. 181. (Disallowed 20 February, 1714.)

1712. Petitionfor Emancipation. Petition of Southeby forAbolition of Slavery .--DuBois'"Slave Trade," p. 22.

1712. Negro Plot.Negro plot in New York.--Ibid.

1712, June 11. DutyAct. "A Supplementary Act to. . ." the Actof 1810.--Carey and Bioren, I, 87-88. (Disallowed in 1713.)

1712, June 7. ProhibitoryDuty Act. "An Act to Prevent the Importation ofNegroes and Indians into this Province." £20 prohibitoryduty laid on slaves imported, because of their plots andinsurrections.--Statutes-at-Large, ch. 192. Cf. DuBois'"Slave Trade," p. 22. (Disallowed 1713.)

1713 AssientoTreaty. Contract forimporting slaves into Spanish West Indies signed by GreatBritain.--DuBois' "Slave Trade," pp. 207-9.

1715, May 28. DutyAct. "An Act for Laying a Duty on NegroesImported into this Province." £5 duty; slaves of immigrantsnot to be sold for a year.--Statutes-at-Large, III, 121.(Disallowed 21 July, 1719.)

1718, February 22. DutyAct. "An Act for Continuing a Duty on Negroes.. . ." £5 duty; slaves of immigrants not to be sold for 16months.--Statutes-at-Large, III, 164.

1721, February 24. DutyAct. "An Act for Continuing several Acts. . .." Act of 1718 continued.--Statutes-at Large, III, 238.

1721, August 21. Trafficwith Negroes. "ASupplementary Act to a Law. . . ." On Public Houses. Noliquors to be sold Negroes or Indians withoutleave.--Statutes-at-Large, III, 250.

1721, August 26. PoliceRegulation. "An Act for Preventing Accidentsthat May Happen by Fire." Slaves shooting squibs or guns inPhiladelphia without license to be whipped.--Statutes-at-Large,III, 254.

1722, May 12. DutyAct. "An Act for Laying a Duty on Negroes. . ." £5 duty, as in 1718.--Statutes-at- Large, III, 275.

1722. Petition ofWhite Laborers. Laborerspetition General Assembly against employment of Blacks. Assemblyresolves: That the principle is dangerous and injurious to therepublic and not to be sanctioned. "Watson's Annals,"I, 98.

1726, March 5. DutyAct. "An Act for Laying a Dutyon Negroes...." Act of 1722 continued from 1726 to 1729.--Statutes-at-Large, IV, 52.

1726, March 26. Statusof Negroes Defned. "AnAct for the Better Regulation of Negroes in this Province."

"Whereas, it oftenhappens that Negroes commit felonies and other heinous crimes,which by the laws of this Province are punishable by death, butthe loss of such cases falling wholly on the owner, is so great ahardship that sometimes may induce him to conceal such crimes, orconvey his Negro to some other place and so suffer him to escapejustice to the ill example of others to commit like offences.

"Be it resolved, etc.,That Negroes convicted of capital crime be valued and paid forout of money collected as duty on their importation." . . .

§ III. "Whereas, freeNegroes are an idle and slothful people and often proveburdensome to the neighborhood and afford ill examples to otherNegroes. Therefore, Be it enacted that if any master or mistressshall discharge or set free any Negro, he or she shall enter intorecognizance with sufficient securities in the sum of £30 toindemnify the county for any charge or incumbrance they may bringupon the same in case such Negro, through sickness or otherwise,be rendered incapable of self-support."

In case of freedom by will,the executor or administrator was required to give the bond, orsuch slaves should not be regarded as free.

Any Negro becoming free underage 21 might be bound to service until of age.

The Act further providedpenalties for the harboring of Negroes by each other; for tradingor dealing with each other without license--all on pain of beingsold into slavery if unable to pay fine; also provided penalty of£100 for anybody who should marry a Negro and white person; £30for Negro caught living in marriage relation with white person,in such cases Negro to be sold into slavery for life.

§ XI of Act prohibitedmasters, etc., from allowing Negro slaves to hire their own time.

One section also imposed aduty of £10 on imported slaves.--Statutes-at-Large, IV, 59.

1729, May 10. DutyAct. "An Act for Laying a Dutyon Negroes Imported into this Province." £2duty.--Statutesat-Large, IV, 128.

1732, April 17. SlaveTumults. PhiladelphiaCouncil order Ordinance drawn to prevent tumults of slaves onSundays.-- "Watson's Annals," I, 62.

1738, July 3. SlaveTumults. Draftof Ordinance to suppress tumults of slaves considered inPhiladelphia City Council.-- Ibid., I,62.

1741, August 17. Tumultsof Negroes. Ordermade by Philadelphia City Councils to suppress disorders ofNegroes and others on court house square atnight.--"Watson's Annals," I, 62-63.

1761, March 14. DutyAct. "An Act for Laying a Duty on Negro anclMulatto Slaves imported into this province." £10 duty?Continued in 1768; repealed in 1780.--Carey and Bioren, I, 371,451.

1761, April 22. DutyAct. "A Supplement to. . . the Act of 1761.-- Ibid.,371, 451.

1768, February 20. DutyAct. Acts of 1761 re-enacted.--Dallas, I, 490.

1773, February 26. DutyAct. "An Act for Making Perpetual the Act. . .. " of 1761. Additional £10 duty provided for.--Dallas, I,671.

1775. Bill onImportation. Bill to prohibit importation or slavesvetoed by Governor.--Bettle.

1778, September 7. Recoveryof Duties. '"An Actfor the Recovery of the Duties on Negro and Mulatto Slaves. . . ." --Dallas, I, 782.

1779, February 5. Planof Emancipation. SupremeExecutive Council recommends a plan of gradual emancipation toAssembly.

1780, March 1. SlaveryAbolished. " An Act for the Gradual Abolitionof Slavery."

§ 1, 2. General condemnation of slavery.

§ 3. No child born hereafter in Pennsylvania to be a slave.

§ 4. Children of slaves born hereafter to be bound to service until twenty-eight years of age.

§ 5. All slaves to be registered.

§ 7. Negroes to be tried for crime like other inhabitants.

§ 10. None to be slaves except those registered.

§ 14. Acts of 1725, 1761 and 1773 repealed. --Carey and Bioren, ch. 881.

1786. Petition forPotter's Field. Petition of Philadelphia Negroes toCouncil for leave to enclose Potter's Field as a Negro burialground.--Penna. Col. Rec., XIV, 637.

1788, March 29. Actof 1780 Amended. "An Act toExplain and Amend an Act Entitled 'An Act for the GradualAbolition of Slavery.' "

§ 2. Slaves of immigrants to be free.

§ 3. Slaves not to be removed from without their consent given before two justices.

§ 4. Persons possessed of children liable to serve till twentyeight years old must register them.

§ 5. Slave trading forbidden under penalty and forfeiture.

§ 6. Slaves serving for a term of years not to be separated from parents._Carey and Bioren, ch. 394.

1790, September 2. NegroSuffrage. Constitution ofPennsylvania. Art. III, Sec. I. In elections by the citizens,every freeman of the age of twenty-one years, having resided inthe State two years next before the election, and within thattime paid a State or county tax, which shall have been assessedat least six months before the election, shall enjoy the rightsof an elector.--Purdon's "Digest," 6th ed.

1793, April 11. Dutyon Slaves. "An Act toEstablish a Board of Wardens for the Port of Philadelphia. . . ."

§ 22. Of passengers entering port only slaves to pay head money.--Carey and Bioren, ch. 178.

1800. Petition toCongress. Petition of Negroes to Legislature andCongress against slave-trade.--DuBois "Slave Trade," p.31-83.

1821, April. Actvs. Pauperism. "AnAct to Prevent the Increase of Pauperism in theCommonwealth."

§ 1. If any black indentured servant over twenty-eight years of age is brought into the State, his master is liable for his charge if he becomes a pauper.--Laws of Penna., 1821.

1826, March 25. Actvs. Kidnapping. "An Act toGive Effect to the Provisions of the Constitution of the UnitedStates, Relative to Fugitives from Labor, for the Protection ofthe Free People of Color, and to prevent Kidnapping."

§ 1. Fine of $500-$2000 and imprisonment seven to twenty-one years for kidnapping.

§ 2. Aiding and abetting punished.

§§ 3-6. Claimed fugitives to be arrested on warrant and taken before a judge. Oath of alleged owner or of interested persons not received as evidence.--Laws of Penna., 1826. Cf. Prigg vs. Penna., 16 Peters, 500, U. S. Reports.

1827, April 17. Salesof Fugitives. "AnAct to Prevent Certain Abuses of the Laws Relative to Fugitivesfrom Labor." No sales of fugitive slaves to be made in theState of Pennsylvania.--Laws of Penna., 1827.

1832. Restrictionon Immigration. Bill inLegislature to make free Negroes carry passes. Cf., p. 27.

1837, July. NegroSuffrage. PennsylvaniaSupreme Court at Sunbury; case of Hobbs et al. vs. Fogg.Judgment of Common Pleas Court reversed and Negro declared not a"freeman" in the meaning of Constitution.--Penna.Reports, 6 Watts, 553-60.

1838. NegroSuffrage. Revised Constitution of Pennsylvania,Art. III, Sec. I. "In elections by the citizens, every whitefreeman of the age of twenty-one years, having resided in thisState one year, and in the election district where he offers tovote ten days immediately preceding such election, and within twoyears paid a State or county tax, which shall have been assessedat least ten days before the election, shall enjoy the right ofan elector."--Purdon's Digest,'Sixth Ed.

1854, May 8. "An Act forthe Regulation and Continuance of a System of Education by CommonSchools."

The Controllers and Directorsof the several school districts of the State are herebyauthorized and required to establish within their respectivedistricts separate schools for Negro and Mulatto childrenwherever such schools can be located so as to accommodate twentyor more pupils; and wherever such schools shall be establishedand kept open four months in every year the Directors andControllers shall not be compelled to admit such pupils into anyother schools of the district.-- Laws of Penna., 1854.

1863, March 6. Immigration.Petition against immigration of freedmen toPennsylvania denied by Senate committee ofLegislature.--Pamphlet, Phila. Library.

1867. SeparateSeats in Cars. Pennsylvania Supreme Court; case ofWest Chester and Philadelphia Co. vs.Miles. Held that separation of Negroes to assigned seats for goodorder is not illegal on railways, etc.--Penna. Reports, 5 Smith,209.

1867, March 22. CivilRights. Negroes to have same rights on railway carsas white citizens.--Brightley's Purdon, Eleventh Ed., 1436.

1870, April 6. NegroSuffrage. § 10 of Actsays: "That so much of every Act of Assembly as providesthat only white freemen shall be entitled to vote or to registeras voters, or as claiming to vote, at any general or specialelection in this Commonwealth, be and the same is herebyrepealed; and that hereafter all freemen, without distinction ofcolor, shall be enrolled and registered according to theprovisions of the act approved April 17, 1869."--Laws ofPenna., 1870.

1874. NegroSuffrage. New Constitution removes restrictions asto color.

1874, April 10. CivilRights. PennsylvaniaSupreme Court; case of Drew vs. Peer.Damages given Negroes for ejectment from a theatre.--12 Norris,234.

1878, March 15. CivilRights. Pennsylvania Supreme Court; case of CentralRailroad of New Jersey vs. Green andwife. Damages granted for compelling Negroes to go from one carto another on railway.--Penna. Reports, 5 Norris, 421, 427.

1881, June 8. MixedSchools. § 1. It shall be unlawful for any schooldirector, superintendent, or teacher to make any distinctionwhatever on account of, or by reason of, the race or color of anypupil or scholar who may be in attendance upon or seekingadmission to any public or common school maintained wholly or inpart under the school laws of the commonwealth.--Brightley'sPurdon, Eleventh ed., p. 292.

1887, May 19. CivilRights. "AnAct to Provide Civil Rights for all People, Regardless of Race orColor." "§ 1. Be it enacted,etc., that any person,company, corporation, being owner, lessee or manager of anyrestaurant, hotel, railroad, street railway, omnibus line,theatre, concert hall or place of entertainment or amusement, whoshall refuse to accommodate, convey or admit any person orpersons on account of race or color over their lines or intotheir hotel or restaurant, theatre, concert hall or place ofamusement, shall upon conviction thereof be guilty of amisdemeanor and be punished by a fine of not less than fifty ormore than one hundred dollars."--Laws of Penna., 1887, pp.130-31.

1895, July 2. LifeInsurance. Life insurancecompanies are not allowed to make any discriminations as topremiums, dividends, or otherwise, between insured of the sameclass and expectation of life. --Penna. Laws, 1895, p. 432.

 

 

 

From W.E.B. DuBois, The PhiladelphiaNegro. New York: Lippincott, 1899, Appendix A, pp. 411-418.


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