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Published August 2013 | Published
Journal Article Open

Peculiar Quarantines: The Seamen Acts and Regulatory Authority in the Antebellum South

Abstract

In 1824, the American schooner Fox sailed into Charleston harbor with seasoned mariner and Rhode Island native Amos Daley on board. When officials boarded the ship, they interrogated the captain and crew before cuffing Daley and hauling him off to the Charleston jail, where he remained until the Fox was set to leave harbor. Daley's detainment occurred because 16 months earlier the South Carolina General Assembly had enacted a statute barring the entrance of all free people of color into the state. Unlike other antebellum state statutes limiting black immigration, this law extended further, stretching to include in its prohibition maritime laborers aboard temporarily docked, commercial vessels. This particular section of the law was passed on the assumption that such sailors inspired slave insurrection and thereby posed a direct threat to the safety and welfare of the citizenry. Over the course of the next four decades, the states of North Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana, and Texas would join South Carolina in passing statutes, commonly referred to as the "Seamen Acts," which limited the ingress of free black mariners. Amos Daley was only one of ~10,000 sailors directly affected by these particularly Southern regulations.

Additional Information

© 2013 American Society for Legal History, Inc. Published online: 23 July 2013. The author thanks Elizabeth Dale, Jon Sensbach, Sally Hadden, and the anonymous reviewers at Law and History Review, as well as Martha Jones, Edlie Wong, and the other participan.ts of the 201 I "We Must First Take Account" Conference on Race, Law, and History held at the University of Michigan Law School. Financial support was provided by a New Faculty Fellows Award from the American Council of Learned Societies, funded by the Andrew W. Mellon Foundation.

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Created:
August 19, 2023
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October 26, 2023