An Act for the Gradual Abolition of Slavery facts for kids
The Act for the Gradual Abolition of Slavery was a very important law passed in Pennsylvania on March 1, 1780. This law started the process of ending slavery in the state. It was the first time a democracy (a government where people vote) had passed a law to abolish slavery.
The Act made it illegal to bring new enslaved people into Pennsylvania. It also required slave owners in Pennsylvania to register their enslaved people every year. If they didn't, they could lose their enslaved people, who would then become free. A key part of the law was that any children born in Pennsylvania after the law passed would be free, no matter if their parents were enslaved or not. However, people who were already enslaved before 1780 remained enslaved for their whole lives.
Pennsylvania's approach was called "gradual abolition" because it happened slowly over time. This was different from states like Massachusetts, which ended slavery almost instantly in 1783. Pennsylvania's gradual approach became a model for how other Northern states would eventually free enslaved people.
Contents
The 1780 Law: How It Worked
The 1780 Act stopped new enslaved people from being brought into Pennsylvania. But it also respected the property rights of people who already owned enslaved people in the state. This meant it didn't free those who were already enslaved.
The law changed the legal status of future children born to enslaved mothers in Pennsylvania. These children would not be born as slaves. Instead, they would be considered "indentured servants." This meant they had to work for their mother's owner until they turned 28 years old. To make sure no new enslaved people were secretly brought in, the Act created a list of all enslaved people in the state. Owners who didn't register their enslaved people each year, or did it incorrectly, would lose them, and those enslaved people would become free.
The 1780 Act made a special exception for members of the U.S. Congress and their personal enslaved people. At that time, Congress was the only part of the federal government under the Articles of Confederation, and it met in Philadelphia.
The 1788 Change: Closing Loopholes
An important change to the 1780 Act was made on March 29, 1788. This change was created to explain the first law better and to close any loopholes.
The 1788 Amendment stopped Pennsylvania slave owners from taking a pregnant enslaved woman out of the state just so her child would be born enslaved somewhere else. It also made it illegal to separate enslaved husbands from wives, and children from parents. Owners now had to register the birth of a child to an enslaved mother within six months. The amendment also banned all Pennsylvanians from being involved in the slave trade. This included building ships for it or helping it in any way.
The 1780 Act had allowed slave owners from other states to keep their enslaved people in Pennsylvania for up to six months if they were visiting. But people found a loophole: if an owner took their enslaved people out of Pennsylvania for even one day before the six-month limit, it would reset the clock. The 1788 Amendment stopped this trick. It made it illegal to move enslaved people in and out of the state to get around Pennsylvania's law.
George Washington's Challenge
By 1790, Philadelphia became the temporary capital of the United States for 10 years. The 1780 Act had exempted enslaved people owned by members of Congress. But now there were three branches of the federal government under the U.S. Constitution: Congress (lawmaking), the U.S. Supreme Court (judicial), and the U.S. President and his Cabinet (executive).
There was confusion about whether the Pennsylvania law applied to all federal officials. Members of Congress were still exempt, but it wasn't clear for Supreme Court justices or the President. Attorney General Edmund Randolph lost his own enslaved people because he didn't understand the state law. He advised President George Washington about the situation.
Washington privately argued that he was only in Philadelphia because it was the temporary capital. He felt he was still a citizen of Virginia and followed its laws on slavery. Still, he was careful not to stay in Pennsylvania for six continuous months. If he did, it might be seen as him becoming a legal resident of Pennsylvania.
It was believed that Washington followed Randolph's advice. He would move the enslaved people in his presidential household in and out of Pennsylvania. This was done to avoid them gaining their freedom under the 1788 Amendment. There is no record of Washington being officially challenged on this. The Pennsylvania Abolition Society seemed to ignore the President's actions. However, some people still tried to help enslaved people escape.
Other Federal Officials
Other federal officials who owned enslaved people faced similar problems. Secretary of State Thomas Jefferson promised his enslaved cook, James Hemings, that he would eventually free him. This was if Hemings agreed not to use Pennsylvania's abolition law to gain his freedom.
Philadelphia's strong anti-slavery environment was one reason why the U.S. Constitution was written to give Congress full control over the area that would become the nation's capital.
What Happened Next
People who were enslaved in Pennsylvania before the 1780 Act remained enslaved for life, unless their owners freed them. Also, the 1780 Act and its 1788 Amendment did not apply to fugitive slaves (people who escaped slavery) from other states or their children.
Pennsylvania tried to give rights to fugitive slaves with a law in 1826. But this law and the 1788 Amendment were later ruled unconstitutional by the U.S. Supreme Court in a case called Prigg v. Pennsylvania (1842).
Even though slavery slowly decreased in Pennsylvania, the state still allowed it for many decades after it ended in Massachusetts. By the 1840 U.S. Census, almost all Black people in Pennsylvania (99.87%) were free. Only a very small number (0.13%) were still enslaved.
Other States' Actions
- 1777: The Constitution of Vermont bans slavery.
- 1783: The Massachusetts Supreme Court rules slavery illegal based on the 1780 Constitution of Massachusetts. Slavery ended in Massachusetts by 1790.
- Maine was part of Massachusetts in 1783 and joined the U.S. as a free state in 1820.
- 1783: The New Hampshire Constitution has a bill of rights that is understood to end slavery. A law formally banning slavery was approved in 1857.
- 1784: Connecticut begins a gradual end to slavery. A law was approved in 1848 that freed any remaining enslaved people.
- 1784: Rhode Island begins a gradual end to slavery.
- 1791: Vermont joins the U.S. as a free state.
- 1799: New York State begins a gradual end to slavery. A law approved in 1817 freed all remaining enslaved people on July 4, 1827.
- 1804: New Jersey begins a gradual end to slavery.
New Jersey's gradual abolition law freed future children at birth. However, male children of enslaved women could be held until age 25, and females until age 21. People who were enslaved before the 1804 law remained enslaved for life. The last parts of slavery stayed in New Jersey until December 6, 1865. This is when the Thirteenth Amendment to the United States Constitution was ratified, finally ending slavery across the entire United States. New Jersey's legislature didn't approve the Thirteenth Amendment until February 1866, two months after it had been approved by enough states.
Images for kids
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An Act for the Gradual Abolition of Slavery, Supreme Executive Council of Pennsylvania, March 1, 1780. Pennsylvania State Archives.
