Chap. 0048 AN ACT TO PREVENT THE SLAVE TRADE, AND FOR GRANTING RELIEF TO THE FAMILIES OF SUCH UNHAPPY PERSONS AS MAY BE KIDNAPPED OR DECOYED AWAY FROM THIS COMMON WEALTH.
Whereas by the African trade for slaves, the lives & liberties of many innocent persons have been from time to time sacrificed to the lust of gain:
And whereas some persons residing in this Commonwealth may be so regardless of the rights of human kind, as to be concerned in that unrighteous commerce.
Be it therefore enacted by the Senate and House of Representatives in General Court assembled, cC by the authority of the same, that no Citizen of this Commonwealth, or other person residing within the same, shall for himself, or any other person whatsoever, either as master, factor, supercargo, owner or hirerer, in whole or in part, of any vessel, directly or indirectly, import or transport, or buy or sell, or receive on board, his or their vessel, with intent to cause to be imported or transported, any of the inhabitants of any State or Kingdom, in that part of the world called Africa, as slaves, or as servants for term of years ; and that every Citizen, inhabitant or resident as aforesaid, who shall directly or indirectly, receive on board his or their vessel with intent to import or transport, or cause to be imported or transported, any of the said inhabitants of Africa, contrary to the true intent and meaning of this Act, and be thereof lawfully convicted, shall forfeit and pay the sum of Fifty Pounds, for every person by him or them so received on board, with intent to be imported or transported ; & the sum of Two hundred pounds for every vessel fitted out with intent to, & that actually shall be employed in the importation or transportation aforesaid, to be recovered by action of debt, in any Court within this Commonwealth, proper to try the same ; the one moiety thereof to the use of this Commonwealth, & the other moiety to the person who shall prosecute for & recover the same.
And it is further Enacted by the authority aforesaid, That all insurance which shall be made within this State, on any vessel fitted out with intention as aforesaid, & having on board slaves in order to be transported from Africa as aforesaid, or upon any slaves so shipped on board of any vessel for transportation, shall be void, & of no effect; and this Act, may be given in evidence under the general issue, in any suit or action commenced for the recovery of insurance so made.
And Whereas divers peaceable inhabitants of this Commonwealth, or residents therein, have been privately carried off by force, or decoyed away under various pretences, by evil minded persons, & with a probable intention of being sold as slaves without the same ; and altho sufficient provision is made for public justice, in such case, by the common law, & an Act entitled, "An Act establishing the right to & the form of the writ de homine replegiando," yet no provision is made for bringing actions for damages by the friends or families of any inhabitant who may be so carried off, or decoyed away during his or her life time :
Be it therefore Enacted by the authority aforesaid, that when any inhabitant or resident of this Commonwealth shall be so carried off or decoyed away, it shall be lawful for any friend of such injured inhabitant or resident, to bring forward & prosecute to final judgment & execution, before any Court of Law proper to try the same, any action for damages against any person concerned in decoying or carrying off such inhabitant or resident, in the name of such inhabitant or resident & in the same manner, & to the same effect, as if thereunto fully authorized by letter of attorney from such inhabitant or resident for that purpose.
Provided nevertheless, such friend, prosecuting as aforesaid, shall first give to the Judge of Probate for the County wherein such injured party last dwelt, good & sufficient bond with sureties to the satisfaction of such Judge of Probate, conditioned that such prosecutor shall pay the monies that he may recover in damages as aforesaid, to the said injured party, on his or her return to this Commonwealth, if that shall happen by the time when such execution is satisfied, & if not, shall apply such monies to the use & maintenance of the wife, children or family of the injured party, in proportion, at such periods, & in such way & manner as the said Judge shall decree, best for the interest of such wife, children or family, in the absence of such injured party :
Provided also, And be it further Enacted, That in case the defendant who shall be prosecuted as is provided in & by this act, shall be acquitted by the Court before whom the trial may be, the said Court shall not only render up judgment for legal costs, but for such reasonable damages as the said defendant hath sustained by such prosecution :
Provided also, that this Act do not extend to vessels which have already failed, their owners, factors, or commanders, for & during their present voyage, or to any insurance that shall have been made, previous to the passing of the same. March 26, 1788.