Pennsylvania Gradual Emancipation Act (1780)

An Act for the gradual Aboli-
tion of Slavery ~

When we contemplate our Abhorrence of that Condition
to which the Arms and Tyranny of Great Britain were exerted to reduce
us; when we look back on the Variety of Dangers to which we have been exposed,
and how miraculously our Wants in many Instances have been supplied and
our Deliverances wrought, when even Hope and human fortitude have
become unequal to the Conflict; we are unavoidably led to a serious and grate-
ful Sense of the manifold Blessings which we have undeservedly received
from the hand of that Being from whom every good and perfect Gift cometh

Impressed with these Ideas we conceive that it is our duty, and we rejoice
that it is in our Power, to extend a Portion of that freedom to others, which hath
been extended to us; and a Release from that state of Thraldom, to which we
ourselves were tyrannically doomed, and from which we have now every
Prospect of being delivered. It is not for us to enquire, why, in the Creation
of Mankind, the Inhabitants of the several parts of the Earth, were distinquished
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, and
from which by the assumed Authority of the Kings of Britain, no effectual legal
Relief could be obtained. Weaned by a long Course of Experience from those
narrow Prejudices and Partialities we had imbibed, we find our Hearts enlarged
with Kindness and Benevolence towards Men of all conditions and Nations; and
we conceive ourselves at this particular Period extraordinarily called upon, by the
Blessings which we have received, to manifest the Sincerity of our Profession and
to give a substantial Proof of our Gratitude.

And Whereas, the condition of those Persons who have

heretofore been denominated Negroe and Mulatto Slaves, has been
attended with Circumstances which not only deprived them of the common
Blessings that they were by Nature entitled to, but has cast them into the
deepest Afflictions by an unnatural Separation and sale of Husband and
Wife from each other, and from their Children; an Injury the greatness of
which can only be conceived, by supposing that we were in the same
unhappy Case. In Justice therefore to Persons so unhappily circumstanced,
and who, having no Prospect before them whereon they may rest their
Sorrows and their hopes have no reasonable Inducement to render that
Service to Society, which they otherwise might ; and also in grateful Comme-
moration of our happy Deliverance, from that state of unconditional
Submission, to which we were doomed by the Tyranny of Britain ~

Be it enacted and it is hereby enacted by the Represen-
tatives of the Freemen of the Commonwealth of Pennsylvania in General
Assembly met and by the Authority of the same, That all Persons, as well
Negroes, and Mulattos, as others, who shall be born within this State, from and
after their 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 ~

Provided always and be it futher enacted by the Authority
aforesaid, That every Negroe 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; and shall be liable to like
Correction and Punishment; and intitled to like Relief in case he or she be
evilly treated by his or her Master or Mistress; and to like Freedom dues and
other Privileges as Servants bound by Indenture for Four Years are or may be

intitled unless the Person to whom the Service of any such Child
shall belong, shall abandon his or her Claim to the same, in which
Case the Overseers of the Poor of the City Township or District, respectively
where such Child shall be so abandoned, shall by Indenture bind out every Child so
abandoned as an Apprentice for a Time not exceeding the Age herein before
limited for their Service of such Children.

And be it futher enacted by the Authority aforesaid, That every
Person who is or shall be the Owner of any Negroe or Mulatto Slave or Servant
for life or till the Age of thirty one Years, now within this State, or
his lawful Attorney shall on or before the said first day of November next, deliver
or cause to be delivered in Writing to the Clerk of the Peace of the County or to the
Clerk of the Court of Record of the City of Philiadelphia, in which he or she shall
respectively inhabit, the Name and Surname and Occupation or Profession of
such Owner, and the Name of the Country and Township District or Ward wherein
he or she resideth, and also the Name and Names of any such Slave and Slaves
and Servant and Servants for Life or till the Age of thirty one Years together with
their Ages and Sexes severally and respectively set forth and annexed, by such

Person owned or statedly employed, and then being within this State, in
order to ascertain and distinguish the Slaves and Servants for Life and
Years till the Age of thirty one Years, within this State who shall be such on
the said first day of November next, from all other persons, which particu-
lars shall by said Clerk of the Sessions and Clerk of said City Court be entered
in Books to be provided for that Purpose by the said Clerks; and that no
Negroe or Mulatto now within this State shall from and after the said first
day of November be deemed a Slave or Servant for life or till the Age of thirty
one Years unless his or her Name shall be entered as aforesaid on such Record
except such Negroe and Mulatto Slaves and Servants as are hereinafter excepted;
the said Clerk to be entitled to a fee of Two Dollars for each Slave or Servant so
entered as aforesaid, from the Treasurer of the County to be allowed to him in
his Accounts.

Provided always, That any Person in whom the Ownership or
Right to the Service of any Negro or Mulatto shall be vested at the passing
of this Act, other than such as one herein before excepted ) his or her Heirs,
Executors, Administrators and Assigns, and all and every of them severally

Shall be liable to the Overseers of the Poor of the City, Township or
District to which any such Negroe or Mulatto shall become chargeable,
for such necessary Expence, with Costs of Suit thereon, as such Overseers may
be put to through the Neglect of the Owner, Master or Mistress of such
Negroe or Mulatto, notwithstanding the Name and other descriptions of such
Negroe or Mulatto shall not be entered and recorded as aforesaid; unless his or
her Master or Owner shall before such Slave or Servant attain his or her
twenty eighth Year execute and record in the proper County, a deed or Instru-
ment securing to such Slave or Servant his or her Freedom ~

And be it further enacted by the Authority aforesaid, That the
Offences and Crimes of Negroes and Mulattos as well Slaves and Servants and
Freemen, shall be enquired of, adjudged, corrected and punished in like
manner as the Offences and Crimes of the other Inhabitatnts of this State are
and shall be enquired of, adjudged, corrected and punished, and not otherwise
except that a Slave shall not be admitted to bear Witness agaist a
Freeman.

And be it further enacted by the Authority aforesaid

That in all Cases wherein Sentence of Death shall be pronoun-
ced against a Slave, the Jury before whom he or she shall be tried shall
appraise and declare the Value of such Slave, and in Case such Sentence
be executed, the Court shall make an Order on the State Treasurer payable to
the Owner for the same and for the Costs of Prosecution, but in Case of a
Remission or Mitigation for the Costs only.

And be it further enacted by the Authority aforesaid
That the Reward for taking up runaway and absconding Negroe and
Mulatto Slaves and Servants and the Penalties for enticing away, dealing
with, or harbouring, concealing or employing Negroe and Mulatto Slaves and
Servants shall be the same; and shall be recovered in like manner, as in
Case of Servants bound for Four Years.

And be it further enacted by the Authority aforesaid, That
no Man or Woman of any Nation or Colour, except the Negroes or
Mulattoes who shall be registered as aforesaid shall at any time
hereafter be deemed, adjudged or holden, within the Territories of this
Commonwealth, as Slaves or Servants for Life, but as freemen and

Freewomen; and except the domestic Slaves attending upon
Delegates in Congress from the other American States, foreign Ministers
and Consuls, and persons passing through or sojourning in this State, and
not becoming resident therein; and Seamen employed in Ships, not belonging
to any Inhabitant of this State nor employed in any Ship owned by such
any such Inhabitant nor ^{^}Provided such domestic Slaves be not aliened or sold to any Inhabitant, John Bayard Speaker Thomas Paine Clerk (except in the Case of Members of Congress,~
foreign Ministers and Consuls) retained in this State longer than six Months

Provided always and be it further enacted by the
Authority aforesaid, That this Act nor any thing in it contained,
shall not give any Relief or Shelter to any absconding or Runaway
Negroe or Mulatto Slave or Servant, who has absented himself or shall
absent himself from his or her Owner, Master or Mistress, residing in
any other State or Country, but such Owner, Master or Mistress, shall have
like Right and Aid to demand, claim and take away his Slave or Servant,
as he might have had in Case this Act had not been made: And that
all Negroe and Mulatto Slaves, now owned, and heretofore resident in this
State, who have absented themselves, or been clandestinely carried away, or

who may be employed abroad as Seamen, and have not returned or
been brought back to their Owners, Masters or Mistresses, before the passing
of this Act may within five years be registered as effectually, as is ordered
by this Act concerning those who are now within the State, on producing
such Slave, before any two Justices of the Peace, and satisfying the said
Justices by due Proof, of the former Residence, absconding, taking
away, or Absence of such Slave as aforesaid; who thereupon shall
direct and order the said Slave to be entered on the Record as aforesaid

And Whereas Attempts may be made to evade this
Act, by introducing into this State, Negroes and Mulattos, bound by
Covenant to serve for long and unreasonable Terms of Years, if the same
be not prevented.

Be it therefore enacted by the Authority aforesaid, That no
Covenant of personal Servitude or Apprenticeship whatsoever shall be
valid or binding on a Negroe or Mullatto for a longer Time than
Seven Years; unless such Servant or Apprentice were at the
Commencement of such Servitude or Apprenticeship under the Age of

Twenty one Years, in which Case such Negroe or Mulatto
may be holden as a Servant or Apprentice respectively,
according to the Covenant, as the Case shall be, until he or
she shall attain the Age of twenty eight Years, but no longer.

And be it further enacted by the Authority
aforesaid, That an Act of Assembly of the Province of Pennsylvania
passed in the year one thousand seven hundred and five, intitled
“An Act for the Trial of Negroes;” and another Act of
Assembly of the said Province passed in the Year one
thousand seven hundres and twenty five intitled “An Act for
“the better regulating of Negroes in this Province;” and another Act
of Assembly of the said Province passed in the Year one thousand
seven hundred and sixty one intitled “An Act for laying a Duty on
Negroe and Mulatto Slaves imported into the Province” and also
another Act of Assembly of the said Province, passed in the Year one
thousand seven hundred and seventy three, intitled “An Act for making –
perpetual An Act for laying a duty on Negroe and Mulatto

“Slaves imported into this Province and for laying an additional
“Duty on said Slaves;” shall be and are hereby repeated annulled
and made void
John Bayard Speaker

Enacted into a Law at Philadelphia on
Wednesday the _first_ day of March
Anno Domini One thousand seven
hundred and Eighty

Thomas Paine
Clerk of the General
Assembly

1780
An Act for the gradual
Abolition of Slavery, –
Chapt 146 –

Inrolled in the Rolls Office of for the
Commonwealth of Pennsylvania
in Book of Laws No. 1. page 339 &ca