Minutes of the Proceedings of the Fourth Convention of Delegates from the Abolition Societies Established in different Parts of the United States, Assembled at Philadelphia, on the Third Day of May, One Thousand Seven Hundred and Ninety-Seven, and Continued, By Adjournments, Until the Ninth Day of the Same Month, Inclusive. Philadelphia: Printed by Zachariah Poulson, Junior, Number Eighty, Chesnutt-Street. 1797.
May fifth, 1797.
The committee appointed at the last meeting to take into consideration the reports from the different Abolition Societies, and to report to the Convention the measures necessary to be taken in consequence of those communications, as well as the objects proper for the attention of the Convention, and the most suitable means for their attainment, report,
I. That they have carefully attended to the communications, from several Societies, made to the Convention for the past and present years, and compared with them the recommendations and requirements of the Convention of 1796. By the annexed table, the Convention will perceive what these requisitions and recommendations were, and how far each society has complied therewith.
II. The committee recommend it to the Convention, to address a letter or memorial to the Secretary of State of the United States, recapitulating the evidence which the records of the District Court of the United States, for the Pennsylvania District afford, of attempts made by citizens of the United States, to evade the law prohibiting our citizens from supplying foreign countries with slaves, by clandestinely using the Danish flag and registers, and praying such aid and interference of the government of the United States, with the court of Denmark, or with other governments under whose authority such practices now obtain, as may consist with propriety, for the prevention of the use of their flag or registers, by the citizens of the United States, under any pretence whatever, for the purpose of pursuing the trade in men.
III. It appearing from the report of the Alexandria Society, that the law of the United States, entitled, “An act to prohibit the carrying of the slave-trade from the United States to any foreign place or country,” is defective, in that it does not prevent the shipment of slaves (for sale in the West Indies and elsewhere) on board vessels, not specially fitted out for that purpose–an act being thereby evaded.
The committee recommend it to the Convention, to present a memorial or petition to Congress, praying such an ammendment of the act above referred to, as may oblige the master or owner of any vessel or vessels before clearing out, to declare on oath or affirmation, that no slaves are received or taken on board said vessel or vessels, for sale in any foreign port; and as may further oblige him to enter into a recognizance or bond, with a sufficient penalty to be put in suit, and the penalty recovered, in case a sale of any slave so put on board should take place.
IV. It appears from the papers from North Carolina, that, by a law of that state, passed in 1777, certain negroes and others, who had been previously emancipated by their proprietors, citizens of that state, were taken up, and again reduced to slavery; and this, not only where the persons so emancipated had continued in the state, but also where the emancipation had been effected in other states, and the freed-man had returned into North Carolina, to reside there: in both cases, tin direct violation of the constitution of the state. But the committee would recommend it to the Convention to obtain the opinion of the most eminent counsel in this city, whether an action for damages, by a person emancipated in another state before the passing of the act in 1777, and who was again reduced to slavery on returning to North Carolina, could not be maintained against the purchaser or holder of such person in the Courts of the United States; or whether any, and what legal remedy may be had for persons under these circumstances, and where they were made slaves, without having quitted the state.