1805: Regulating the Importation of Slaves

At the Court at Weymouth, the 15th day of August 1805:

Present – The KING’S Most Excellent MAJESTY in Council.

IT is this day ordered, by His Majesty, with the advice of His Privy Council, That from and after the first day of December next, or upon the publication of a Proclamation to that effect, within each Colony, it shall not be lawful, except by Special Licence as herein-after mentioned, for any Slave or Slaves to be landed upon any of the Coasts, or imported or brought into any of the Ports, Harbours, Creeks, or Roads, or within the limits, jurisdictions, and territories of any of the Settlements, Islands, Colonies, or Plantations, on the Continent of America, or in the West Indies, which have been surrendered to His Majesty’s arms during the present war, until further order, upon pain that all Slaves so landed, imported, or brought, contrary to the true intent and meaning of this Order, together with the vessels bringing in the same, or from which the same shall be landed, and their cargoes, shall become forfeited to His Majesty, His Heirs and Successors: But whereas it may be expedient to permit the annual introduction of a limited number of Slaves, under due regulations, for the purpose of supplying any waste that shall take place in the population on particular estates, from extraordinary or unavoidable causes, and thereby of keeping up the cultivation of the lands already cleared and cultivated; It is therefore ordered, That any number of Slaves, not exceeding three for every hundred of the whole number of Slaves in the said Settlements, Islands, Colonies, and Plantations respectively (returns of the number whereof shall be made from time to time in pursuance of Instructions to be transmitted by one of Our principal Secretaries of State) may be imported in each year (provided casualties to that extent shall appear to have taken place in the preceding year) under Licences to be previously granted by the Governor, Lieutenant Governor, or Officer administering the Government of the said Settlements, Islands, Colonies, and Plantations, from any other of His Majesty’s Colonies in the West Indies, into the said Settlements, Islands, Colonies, and Plantations respectively; such Licence, or a copy thereof, to be produced by the Master of the ship on which such Slaves are laden, as his authority for having Slaves on board destined to the Settlements, &c. as aforesaid: Provided always, That, until the first day of January one thousand eight hundred and seven, such limited importation may be made from other places than His Majesty’s Colonies in the West Indies as aforesaid, and without its being necessary for the Master of the vessel, if met with at sea, to produce the said Licence, or a copy thereof, as his authority for having the said Slaves, destined as aforesaid, on board; but subject nevertheless to such Licence being first had and obtained as aforesaid, before any Slaves shall be permitted to be landed or sold from such vessel in any of the said Settlements. And whereas special Instructions will be immediately transmitted by one of His Majesty’s principal Secretaries of State to the Governors, Lieutenant Governors, or Officers administering the Government of the said Colonies, Settlements, and Plantations respectively, containing the regulations proper for carrying this Order into effectual execution, directing and empowering them to grant Licences for the Importation of such limited number of Slaves as aforesaid, subject to such Regulations as in the said Instructions will be provided: – It is His Majesty’s further Order, That such Governor, Lieutenant Governor, or other Officer as aforesaid, shall be, and they are hereby respectively authorized and empowered to grant such Licences, upon such terms and conditions, and subject to such Regulations, as, in conformity to, and in furtherance of the object of such Instructions, may from time to time be required: And it is hereby further ordered, that the prohibition hereinbefore contained, shall not extend to prevent the importing and landing of any Slaves which shall be imported into the said Colonies, Islands, and Plantations, by Licence first had, for importing the same, under the hand and seal of His Majesty’s Governor, Lieutenant Governor, or Officer administering the Government of the Colony, Settlement, or Plantation, into which such Slaves are to be imported, specifying the ship or vessel permitted to import the same, in conformity with the Instructions to be received from one of His Majesty’s principal Secretaries of State as aforesaid; but that all Slaves, except such Slaves as may form part of the crew of any vessels, or may be household Servants to the Passengers therein, which shall be landed without such Licence as aforesaid, and without conforming to such Regulations as shall be contained therein, shall, together with the vessels bringing the same, or from which the same shall be landed, and their cargoes, become forfeited to His Majesty, His Heirs and Successors.

And in case any vessel shall contain more Slaves than the number permitted to be imported in such vessel by any such Licence or Licences, such number of the most valuable of the Slaves on board such vessel (other than such Slaves as may form part of the Crew of such vessel or may be household Servants to the Passengers) as shall be equal to the excess beyond the number mentioned in such Licence or Licences, shall be forfeited to His Majesty, His Heirs and Successors, and shall be selected and disposed of in such manner as may be in that behalf directed by any Instructions from one of His Majesty’s principal Secretaries of State, to be given to the respective Governors, Lieutenant Governors, or other Officers administering the Government of such Colonies, Settlements, and Plantations as aforesaid.

And it is hereby further ordered and provided, That nothing herein contained shall be extended, or construed to extend, to the landing, importing, or bringing in of any Slave or Slaves, from or by any vessel, which, by stress of weather, or by any other peril, shall be driven on the coast of any such Colony, Settlement, or Plantation, or compelled to take refuge on such coast, or within the Creeks and Harbours of such Colonies, Settlements, or Plantations; provided the Slave or Slaves which shall be so imported, landed, or brought in, as last aforesaid, shall be exported to some place or places other than any of the Colonies, Settlements, or Plantations to which this Order applies, within ten days from the importation, landing, or bringing in of the same, unless further detained by stress of weather; or provided the same shall, within such ten days, be sold under the Special Licence of the Governor, Lieutenant Governor, or Officer administering the Government of the Colony, Settlement, or Plantation, where such Slaves may be, to such person or persons as, under the Circumstances of his, her, or their cases (which circumstance shall be inserted in such Special Licence) may, at the date hereof, be entitled to obtain a Licence or Licences to import such number of Slaves as he, she, or they shall, in and by such Special Licence or Licences, be permitted to purchase: And the Right honourable Viscount Castlereagh, one of His Majesty’s principal Secretaries of State, shall give all necessary directions herein accordingly.

And it is hereby further ordered and declared, That one-third of every forfeiture which shall accrue, in consequence of this Order, to His Majesty, His Heirs and Successors, shall be granted to the Governor, Lieutenant Governor, or Officer administering the Government of the Colony; and one-third to the party who shall inform and prosecute for the same.

And it is hereby further ordered, That all sales of Slaves, imported after notice being published to that effect by the Officer administering the Government of the Colony, shall be made publicly, in the presence of some Officer of the Customs, and the Returns thereof shall be kept according to the Regulations which shall be prescribed for that purpose, in pursuance of the Directions to be transmitted for that purpose by Viscount Castlereagh, as above-mentioned. And the Right honoura- ble the Lords Commissioners of His Majesty’s Treasury are to give the necessary Directions herein accordingly.

( Signed )

STEPH. COTTRELL.

Source: Journals of the House of Commons, volume 61.

Listed in Lindsay, Handlist of Proclamations.