Slavery

Slave Trade Restricted in 1805

1p ALS inscribed overall by Paul Hamilton (1762-1816), Governor of South Carolina, and signed by him as "Paul Hamilton" at center. Issued from the "Executive Department" in Columbia, South Carolina on November 29, 1805. On cream bifold paper. The inner pages are blank, and the fourth page is comprised of an integral address leaf. Expected paper folds. Minor mounting traces on last page, else near fine. 7.75" x 9.75".

Governor Hamilton conveys a message from his colleague, Nathaniel Alexander (1756-1808), the recently elected Governor of North Carolina, to George Clinton (1739-1812), President of the Senate and U.S. Vice President under the Jefferson administration.

"Executive Department

November 29th 1805

Mr. President + Gentlemen

I herewith transmit to you the copy [not included in this lot] of a Resolution of the Legislation of North Carolina relating to a projected amendment of the Federal Constitution and which I have been requested by the Governor that State to lay before you -

Respectfully I am, Gentlemen, yrs +c

Paul Hamilton".

The "Federal Constitution" neither explicitly authorized nor prohibited slavery. Article 1, Section 9, Clause 1 of the Constitution originally allowed the "Importation of such Persons as any of the States now existing shall think proper to admit, and shall not be prohibited by Congress prior to the Year [1808]…" This gave the states two decades to resolve the issue of slavery.

The "Resolution" discussed here is likely the withdrawal of the original Resolution, submitted in early 1805, pertaining to a North Carolina proposal for a constitutional amendment banning further importation of slaves. Other states maintained that such an amendment was "inexpedient". They recognized that all states excepting South Carolina had already banned importation in anticipation of the 1808 federal law. Slave states withdrew their objection to the importation ban, confident that the interstate slave trade would not be affected.

On December 12, 1805, just two weeks after this transmittal, Vermont Senator Stephen Row Bradley announced his intention to introduce a prohibition on importation. On March 2, 1807, President Thomas Jefferson signed the import ban into law, and it was effective after January 1, 1808. Trade between states was not affected by this bill.

Meanwhile, anti-slavery laws were passed in Northern states, and other states, including Southern ones, had banned importation before 1805. Smugglers nevertheless thrived in Spanish-controlled Texas and Florida.

Paul Hamilton had served under General Francis Marion during the Revolutionary War. He acted as Governor of South Carolina between 1804-1806 and later as Secretary of the Navy from 1809-1813.

This item comes with a Certificate from John Reznikoff, a premier authenticator for both major 3rd party authentication services, PSA and JSA (James Spence Authentications), as well as numerous auction houses.

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