Delaware Slave Law Summary and RecordClose

Delaware Laws on Slavery from the Colonial Era to the Civil War

TYPEYEARLAWS/CODESDESCRIPTION
Miscegenation1721StatuteProhibited marriages between white women and blacks, and noted that a child born out of such a union would be bound to the county court until 31 years of age.
Manumission1739StatuteA law pertaining to indentured servants was amended to void manumission if a security bond was not posted. In addition, children of free blacks could be bound out if they were not being raised properly.
Manumission1767StatuteA security bond of 60 pounds was required to emancipate a slave to insure the county against dependency and illegal activities.
Slave trade1787StatuteRepealed a provision in the State constitution that prohibited the export and import of slaves.
Kidnapping1793StatuteAny person found guilty of kidnapping a free black out of the State was to be publicly whipped up to 39 lashes, and stand in the pillory for one hour, with both of his or her ears nailed thereto, and at the expiration of the hour, shall have the soft part of both of his or her ears cut off.
Slave exportation1793StatuteJustices of the peace had the power to grant a license to export for sale any enslaved black or mulatto from the State. Enslaved blacks exported without a permit were declared free.
Manumission1797StatuteEnslaved blacks could not be set free with a verbal contract. All manumissions were required to be in writing and signed by the rightful owner and presented to a justice.
Rape1797StatuteAny enslaved black or mulatto who attempted to rape a white woman was to be whipped with 39 lashes, and was to stand in the pillory for the space of one hour with both of his ears nailed, and after one hour, the soft part of both ears was to be cut off.
Assault1797StatuteAny enslaved black or mulatto found guilty of assaulting and beating any other enslaved person or free black was to be whipped up to 39 lashes. The slave master had the option of paying a fine between $1-20 in lieu of a slave being whipped.
Slave trade1797StatuteIt was unlawful to export or sell any enslaved black from Delaware to the Carolinas, Georgia, or the West Indies without a license or permit. Fine: 100 pounds.
Trials1797StatuteTrials for enslaved blacks were to be conducted by two justices of the peace, and with a jury of six of the most substantial citizens of the community.
Trials1797StatuteEnslaved blacks condemned to death were to be valued by the court. The slaveholder was to receive two thirds of the slave's value.
Crimes1797StatuteAny enslaved black who attempted to commit a rape on a white woman or maid was to be punished by standing four hours in the pillory, with both ears nailed to the pillory, "and before he be taken down from the same, shall have both his ears cut off close to his head." Any black convicted of stealing any goods was to be whipped, with the enslaved black's owner paying for all damages.
Weapons1797StatuteEnslaved blacks found guilty of carrying any guns, swords, pistols, clubs, or other weapons without their master's permission were to be whipped with 21 lashes.
Unlawful assembly1797StatuteIf more than six blacks, not belonging to one owner, met together unlawfully, they were to be publicly whipped up to 21 lashes each.
Miscegenation1797StatuteThe child of any white woman who was fathered by a black or mulatto was to be put out to servitude until the age of 31. The mother of such a child was to pay ten pounds to the governor, was to be publicly whipped with 39 lashes, and was to stand in the pillory for two hours. Servant women unable to pay the fine were to serve a term of servitude up to five years. The black father of such a child was to be whipped up to 39 lashes and stand in the pillory for two hours, with one ear nailed and cropped off.
Miscegenation1797StatuteWhite men found guilty of fornicating with a black or mulatto woman were to pay 20 pounds and be publicly whipped with 21 lashes.
Trade1797StatuteIt was unlawful to trade with any enslaved black or indentured servant. Fine: five pounds.
Manumission1797StatuteAll masters and mistresses who set free any enslaved black above the age of 35 were required to post a bond for 30 pounds to indemnify the county from any responsibility to care for such blacks if they were unable to support themselves.
Children1797StatuteIn cases where free blacks could not support their children, the children were to be bound out for service. Male children would serve until the age of 21 and girls until the age of 18.
Free blacks1797StatuteFree blacks who harbored or entertained any enslaved black without permission would be fined five shillings for the first hour and two shillings for every hour afterwards. Free blacks who traded with enslaved blacks without license were to make restitution to the master of the black and would also be whipped up to 21 lashes. Offenders who could not pay their fine were to satisfy their debt to the injured party by servitude.
Runaways1797StatuteAnyone who apprehended an enslaved black more than ten miles from their master's home and returned the enslaved black to his or her master would receive a reward of five shillings.
Manumission1797StatuteSlaves manumitted without security were declared free. Manumission did not impact creditors, nor did a manumission discharge slaveholders from maintaining and supporting blacks unable to care for themselves.
Importation of slaves1797StatuteIt was unlawful to bring any enslaved black or mulatto into the State. Such blacks would be declared free, and the offender would be required to pay 20 pounds.
Harboring of slaves1797StatuteThe penalty for concealing another man's servant or enslaved black was 40 shillings for every 24 hours.
Free blacks1797StatuteFree blacks found guilty of assault were to pay a fine of between five and ten pounds. If unable to pay the fine, a free black was to satisfy the debt by up to four years of servitude.
Assault1797StatuteEnslaved blacks found guilty of assaulting or beating any white person were to stand in the pillory for up to two hours and be publicly whipped up to 39 lashes.
Children1797StatuteThe children of white mothers and black fathers and their descendants who were being wrongfully held as slaves or sold as slaves were to be freed after successfully petitioning the court. The free black in such a case could charge a master or mistress with false imprisonment. Persons found guilty of selling such a person were to be fined 100 pounds, with half of the fine going to the grieved party.
Suffrage1797StatuteNo free black was entitled to vote in elections, or be elected or appointed to any office, or give evidence against any white person, "or to enjoy any other rights of a freeman, other than hold property, and to obtain redress in law and equity for any injury to his or her person or property."
Free blacks1797StatuteFree blacks found guilty of horse stealing were to be transported to the West Indies, or some other place, and sold for a term up to 14 years.
Manumission1797StatuteMasters or mistresses who freed an enslaved black were responsible for posting a 60 pound bond for each slave freed, so that the black could be cared for if unable to support himself or herself.
Assault1797StatuteAny enslaved black found guilty of assaulting another black was to be whipped up to 39 lashes.
Whippings1797StatuteNo black or mulatto could be employed to whip or inflict any corporal punishment on any white person.
Stealing1797StatuteAny person found guilty of stealing any enslaved black or mulatto, horse, gelding, mare or colt, or ass or mule was to restore the property to the rightful owner and pay the owner double the value of the same. If the property could not be found, the offender was to pay the owner four times its value. Additionally, the offender was to be whipped 39 lashes, and stand in the pillory for one hour, and "shall have the soft part of one of his, her or their ears cut off."
Insolvent offenders1797StatuteAny person unable to pay the fine for stealing an enslaved black or horse was to be sold as a servant for up to seven years.
Testimony1799StatuteThe Act allowed free black persons and free mulattoes, in certain cases, to give testimony in courts of justice.
Free blacks1807StatuteStatute was passed to better regulate free blacks and free mulattoes. Discussed such issues as adultery and fornication, arrest, legitimacy of children, courts, free mulattoes, free blacks, imprisonment, marriage, robbery, and theft; sales of slaves, servants, and whipping.
Free blacks1808Statute1807 Act regarding the regulation of free blacks and mulattoes was repealed.
Slave trade1810StatuteLaw provided penalties for attempts to export a slave who was designated to be free at some future date.
Free blacks1811StatuteThis prohibited the emigration of free blacks or mulattoes into Delaware.
Slave trade1817StatuteThis banned the commercial importation of slaves.
Manumission1819StatuteStatute provided for the indemnity of Delaware counties against the maintenance of slaves discharged by their masters and mistresses without giving the security required by law.
Runaways1826StatuteStatute declared it a crime for a runaway slave to enter the State and forbade blacks from leaving the State without a legal pass. Penalties for kidnapping were $1,00 or more, one hour in the pillory, 60 lashes on the bare back, imprisonment for three years or more, and servitude for seven years after imprisonment.
Tax1833StatuteImposed a tax of five dollars for every slave sold out of the State and every slave brought into the State. Monies provided for the education of white children.
Tax1852StatuteStatute provided for taxation of all property, black and white, for support of schools for white children.