Although enslavement in New Jersey was somewhat benign during the Dutch period, it changed during the British era into a more oppressive system, especially in eastern New Jersey. Slaves were not allowed to carry firearms, gather with other slaves, walk the streets at night, or hunt unless accompanied by their masters. The eastern division of New Jersey had special slave courts as early as 1695. These tribunals operated until 1768, when slave offenses were transferred to the regular courts.

In 1734, slave holders uncovered what they believed was a planned insurrection by a group of enslaved people who were convinced that England had outlawed slavery and that they were being held illegally. The authorities rounded up several hundred enslaved people, bringing 30 to trial. One person was hanged and several lost their ears.

In 1744, the Provincial Council removed all import duties on slave traders, which ensured an ample supply of black labor pouring into the colony. New Jersey became a haven for smuggling slaves into neighboring colonies where duties were collected. As a duty-free slave colony, the black population in New Jersey grew rapidly.

This duty-free policy changed after the American Revolution, however, when New Jersey legislators subjected slave traders to heavy fines for bringing Africans into the state as slaves. The law also removed "every unnecessary obstruction in the way of freeing slaves." In 1795, the New Jersey Supreme Court ruled that a documented promise of manumission was a valid claim to freedom. "It is far better to adopt this rule," the court stated, than to suffer promises thus made ... to be violated or retracted at pleasure." Legislators, however, did not want to encourage free blacks to make New Jersey their permanent home. In 1798, for example, any free black person who entered the state without license was subject to arrest. Free blacks were required to carry with them a certificate of freedom given by their previous master. If a free black committed a felony or two acts of petty larceny, he/she was jailed and usually exiled from the state. Exiled persons who returned could be sold into slavery. New Jersey also prohibited free blacks from owning land.

Although slavery thrived in the small-farm economy in eastern region of New Jersey, Quakers in the western part of the colony pushed for abolition continuously from 1700 onward. This abolitionist sentiment became an organized drive after the American Revolution, flooding the legislative assemblies with antislavery petitions. . Population increases among whites in New Jersey during the last half of the 1700s also impacted the antislavery movement. The large numbers of settlers moving into New Jersey from other states lessened the need for slave labor.

Reviewing the laws of slavery in New Jersey shows several significant trends over time. On the one hand, it is clear that anti-slavery sentiments were especially prevalent in the new state of New Jersey following the American Revolution. Slaves who had become property of the state with the confiscation of the estates of British loyalists (Tories) were set free, and suffrage (voting rights) was granted to all citizens owning estates worth 50 pounds, including blacks and women. Heavy fines and restrictions were placed on slave traders and the manumission process was made easier. Surprisingly, slave owners were required by law to teach their enslaved blacks born after 1788 to read. And slave owners could be indicted and punished for cruel treatment of the enslaved. Earlier laws prohibiting enslaved people from gathering in large numbers at night were prohibited.

On the other hand, the growing presence of manumitted or freed blacks in the state resulted in legislation aimed at limiting the movement and freedom of these people. They were required to carry a certificate of freedom on their persons at all times. No free blacks could come into the state, and voting rights were denied to women and blacks regardless of their properties.

In 1804, the legislature passed a manumission law, the last northern state to emancipate its enslaved people. But the law had several important qualifications. All black children born after July 4 were to be manumitted once they reached age 25 for boys and age 21 for girls. All children were freed, however, without qualifications in 1846. But those few adults who were still enslaved became "apprentices for life," which was slavery in all but name. The word "slavery" was dropped from legal language and was replaced by the word "apprentice." It is estimated that 18 enslaved people still lived in the state on the eve of the Civil War, but the number of such "apprenticed" people was probably higher.

Primary

Allinson, Samued (ed.) The Acts of the General Assembly of the Province of New Jersey, 2 vols. Philadelphia and Woodbridge, NJ, 1752-1761.

Bush, Bernard (ed.) Laws of the Royal Colony of New Jersey, 4 vols. Trenton, NJ: New Jersey State Library, Archives and History Bureau, 1977-1986.

Nevill, Samuel (ed.), Grants, Concessions and Original Constitutions of the Province of New Jersey. Somerville, NJ: Honeyman, 1881,

Secondary

Callegard, Lee, "The Negro’s Legal Status in Pre-Civil War New Jersey," New Jersey History 85, (Fall-Winter 1967), p. 168.

Cooley, Henry Scofield. A Study of Slavery in New Jersey. Baltimore: The Johns Hopkins Press, 1896.

Green, Lorenzo J. The Negro in Colonial New England, 1620-1776. New York: Columbia University Press, 1942.

McManus, Edgar J. Black Bondage in the North. Syracuse, NY: Syracuse University Press, 1973.

Reiss, Oscar. Blacks in Colonial America. (Jefferson, NC: McFarland and Company, Inc. Publishers, 1997.

TYPE	YEAR	LAWS/CODES	DESCRIPTION
Slavery recognized	1664	Constitution	New Jersey's earliest constitution, the "Concessions," granted to every colonist 75 acres of land for every slave acquired before January 1, 1665; 60 acres for every slave acquired in the following year; and 45 acres in 1667 and 30 acres for every slave held in 1668.
Transporting	1675	Statute	Anyone transporting an enslaved person was fined 5 pounds.
Abolition	1676	Quaker law	West Jersey under the authority of Phildelphia Quakers stated: "All & every person, & persons inhabiting the said province, shall as far as in us lies, be free from oppression & slavery."
Trade	1682	Statute	Prohibited purchasing goods from enslaved persons. Penalty: 5 pounds for the first offense and 10 pounds for the second. If a black offered a white an article for sale, the white had the right to flog the black and would receive half a crown from his master.
Slave welfare	1682	Statute	Masters were required to "clothe and feed their slaves adequately."
Alcohol	1682	Statute	The sale of strong liquor to blacks was forbidden except for medicinal purposes.
Trade	1683	Treaty	Treaty signed with local Native Americans prohibiting trading with enslaved persons.
Alcohol	1685	Statute	Any person "convicted of selling or giving of rum, or any manner of strong liquor, either to negro or Indian," except for medicinal purposes was liable to a penalty of 5 pounds.
Weapons	1694	Statute	Unlawful for enslaved persons to carry guns, pistols or dogs into the woods unless accompanied by their master or another white with the permission of their owner.
Runaways	1694	Statute	If an enslaved person was found more than 5 miles from his home without his master's permission, he was returned home. The finder received a reward based on mileage traveled to return the slave.
Trials	1695	Statute	Enslaved persons accused of murder or other felonies were tried by 3 justices of the peace and 12 men in the county where crime occurred. New Jersey was the only colony that had a 12-man jury for slaves. If a black was found guilty of theft, his owner reimbursed the victim. He then hired someone to whip his black publicly up to 40 lashes.
Religion	1704	Statute	Queen Anne urged that blacks be taught Christianity and baptized. However blacks who converted to Christianity were not to be freed.
Crime	1704	Statute	Enslaved persons could receive up to 40 lashes for stealing 6 pence or more. If the value of the goods stolen was between 5 and 40 shillings, he received 40 lashes and a T was branded on his cheek. Constables who did not carry out their duties in executing the punishments could be fined 40 shillings. The penalty for rape or attempted rape was castration. Blacks remained in jail until the "operation" healed. Masters paid for all costs to maintain imprisoned slaves.
Free blacks	1713	Statute	No free black cold purchase, inherit, or own land or tenements. If such property came into a black's hands, it reverted back to the English Crown. Freedmen could not vote or hold public office without land.
Slave code	1713	Statute	Enslaved persons were permitted to testify as witnesses in trials of other slaves. Jury trials for enslaved defendants were no longer required.Slaves could be tried by three justices plus five whites, and agreement among 7 could result in a judgment. A black's owner could still demand a jury trial. If a master's slave was executed for a crime, the owner would receive 30 pounds for a male and 20 pounds for a female. Castration for rape was replaced by corporal punishment because too many died from the "operation."
Duty	1714	Statute	A duty of 10 pounds was charged on any black, Indian, or mulatto imported into the colony. The purpose of the tax was to stimulate white immigration. The duty expired in 1721.
Freedom of movement	1714	Statute	Any black found travelling without a license, or not on his master's business, was to be apprehended and whipped, and was to remain in prison until the costs of his capture had been paid by his owner.
Free blacks	1714	Statute	Blacks from a neighboring colony suspected of being fugitives were required to produce a pass from a justice, "Signifying that they are free persons," and were to be imprisoned if they were without a pass.
Manumission	1714	Statute	Any master manumitting a slave must sercure a bond for 200 pounds, to pay to the black an annuity of 20 pounds. Owners or their heirs were required to maintain all blacks not manumitted according to the law. No black, Indian, or mulatto manumitted could own real estate.
Military service	1745	Statute	Exempted slaves and servants from military service in the town of Trenton.
Military service	1746	Statute	Unlawful to enlist any man under the age of 21, or any blacks or apprentices without permission in writing from their parents, guardians, masters or mistresses. Penalty: 100 pounds for enslaved blacks, 20 pounds for apprentices and 500 pounds for white free men.
Workhouse	1748	Statute	Lawful for justices of Middlesex County to commit to workhouse to hard labour, all or any white servants or enslaved blacks, for rude or disorderly behaviour. Servant or slave to receive the "Correction of the House," as considered reasonable by the justice, not to exceed 30 lashes for any one offense.
Alcohol	1751	Statute	Unlawful to sell liquor to a black without his master's permission.
Freedom of assembly	1751	Statute	Prohibited large or disorderly meetings of enslaved blacks. Required blacks to be home by 9 o'clock. Blacks were allowed to go to worship, bury the dead, or doing other reasonable acts with their master's consent.
Weapons	1751	Statute	Slaves prohibited from hunting or carrying a gun on Sundays.
Taxes	1752	Statute	Every male servant and enslaved black, 16 years old and older (except those unable to work) were to be assessed at a rate of 2 shillings in the first tax and eight-pence in the second tax.
Taxes	1753	Statute	Enslaved male blacks, 16 years old and older, except those who could not work, were to be rated the sum of 1 shilling.
Workhouse	1754	Statue	Lawful for justices of the town of Elizabeth to commit to workhouse to hard labour all or any white servants or blacks, for any misdemeanor rude or disorderly behaviour. Servant or slave to receive the "Correction of the House," as considered reasonable by the justice, not to exceed 30 lashes.
Military service	1755	Statute	Earlier military service statue reenacted.
Taxes	1755	Statute	Male slaves 16 years old and older, except those who could not work, were to be rated at the sum of 1 shilling for taxation purposes.
Military service	1756	Statute	Military service statute reenacted.
Military service	1757	Statute	Military service statute reenacted for Elizabeth Town.
Military service	1757	Statute	Similar military service statute enacted for the towns of Burlington and Trenton. Penalty for enlisting a black without the permission of his master was 100 pounds.
Military service	1757	Statute	Exempted enslaved blacks and servants from military service in Elizabeth Town.
Freedom of assembly	1758	Statute	Prohibited large or disorderly meetings of enslaved blacks. Required blacks to be home by 10 o'clock.
Military service	1758	Statute	Military service statute reenacted for Burlington. Penalty for enlisting a black without the permission of his master was 100 pounds.
Military service	1759	Statute	Military service statute enaced for town of Perth Amboy.
Military service	1760	Statute	The enlistment of blacks, without the permission in writing from their masters, was forbidden.
Traps	1760	Statute	Unlawful for any person to set a steel or iron trap "larger than what is usually and commony set for Foxes or Musk-Rats." Non- slaves were to be fined; enslaved blacks were to be publicly flogged 30 lashes.
Military service	1761	Statute	Military service statute reenacted for town of Perth Amboy.
Military service	1762	Statute	Military service statute reenacted for town of Burlington.
Duty	1762	Statute	A 2 pound duty was placed on enslaved blacks entering East Jersey and 6 pounds on blacks entering West Jersey.
Military service	1763	Statute	Military service statute reenacted for town of Burlington. Penalty for enlisting a black without the permission of his master was increased to 200 pounds.
Military service	1764	Statute	Military service statute reenaced for town of Perth Amboy.
Duty	1767	Statute	A 10 pound duty was placed on all enslaved blacks entering the colony.
Trials	1768	Statute	The punishment for capital offenses became more severe with this act. Enslaved blacks, Indians or mulattos found guilty of murder or conspiring to murder, rape or wilfully burning any house,barn, stable or stacks of corn or hay were to be sentenced to death without benefit of clergy. Stealing items above the value of 5 pounds, committing any other felony or burglary could also be punished by death or some lesser penalty. Sheriffs were to be paid 5 pounds for executing any enslaved black, Indian or mulatto found guilty of a crime. In addition, the constable of every town was to maintain a list of all male and female slaves 14 years and older. Slaves accused of capital offenses were no longer tried in special slave courts, but in in the ordinary cours as freemen were.
Manumission	1769	Statute	Masters or mistresses who manumitted a slave through a last will or by other means was to enter a bond in the sum of 200 pounds to indemnify the city or town where such enslaved black, Indian or mulatto lived in case such former slave was unable to support or maintain himself. Failure to do so would void the manumission. Slaves not manumitted according to the law were required to be supported by their owners. If an owner became insolvent, slaves who were incapable of supporting themselves were to be entitled to the same relief as white servants and were deemed as the "Poor of the Colony."
Duty	1769	Statute	Persons who purchased a "Negro, Indian or Mulatto Slave" were required to pay a duty of 15 pounds.
Traps	1769	Statute	Unlawful to set traps that weigh more than 5 pounds or are larger than commonly used to trap foxes or musk rats. Slaves who set such traps voluntarily were to be publicly whipped up to 30 lashes unless their master or mistress paid the fine.
Duty/Manumission	1769	Statute	The duty on imported enslaved persons was raised from 10 pounds to 15 pounds. A 200 pound bond was required for all manumissions. If owners became insolvent and incapable of providing for his former slaves, they were to be cared for by the township the same as white servants.
Taxes	1769	Statute	Enslaved males, 16 years old and older, except those who could not work, were to be rated the sum of 4 shillings for taxation purposes.
Traps	1771	Statute	Statute prohibiting slaves from setting traps reenacted.
Suffrage	1776	Constitution	The state gave suffrage to anyone with an estate of 50 pounds, including blacks and women.
Military service	1780	Statute	Prohibited the enlistment of enslaved persons to fill remainder of New Jersey's quota of troops.
Manumission	1784	Statute	Slaves who had become the property of the state, through the confiscation of Tory estates, were set free by act of the legislature.
Importation of slaves/manumission	1786	Statute	Prohibited the importation of slaves brought into the country after 1776. Penalty: 50 pounds for enslaved blacks directly brought from Africa; 20 pounds for all other blacks. Statute also eased manumission requirements. Healthy enslaved persons between 21 and 35 years of age could be freed without placing a financial obligation on their former owners to care for blacks who became paupers.
Cruelty	1786	Statute	Any person convicted of "inhumanly treating and abusing" his slave might be indicted by the grand jury, and on conviction could be fined.
Free blacks	1786	Statute	Blacks manumitted in other states were not allowed to travel in New Jersey. Any person who employed them, or concealed them were to be fined 5 pounds per week. Free blacks of New Jersey were prohibited from traveling beyond their county without an official freedom certificate.
Slave trade	1788	Statute	Unlawful to sell enslaved persons from the state without their permission.
Punishment	1788	Statute	All criminal offenses committed by enslaved persons were to be punished in the same manner as the criminal offenses of freemen.
Education	1788	Statute	All enslaved blacks and servants, born after the passage of this act, were to be taught to read before they reached the age of 21. Owners who failed to comply with this act were to be fined 5 pounds.
Punishment	1796	Statute	Court had the right to determine punishment for slaves convicted of a crime not punishable by death. In place of the usual punishment imposed on freemen, the court could prescribe corporal punishment for any offense not punishable by death.
Terms of enslavement	1798	Statute	Every enslaved black, indian or mulatto slave was enslaved for life unless set free in a manner prescribed by the law.
Slave trade	1798	Statute	Unlawful to bring enslaved blacks into the state for sale or servitude. New Jersey slaveholders who held blacks outside of the state were exempt from this provision.
Witnesses	1798	Statute	Enslaved blackss could not serve as witnesses in court unless against another slave.
Trade	1798	Statute	Unlawful for any person to buy or sell goods from a slave.
Harboring a slave	1798	Statute	Persons found guilty of harboring or concealing enslaved persons were to pay a penalty of 4 dollars to the slaves master for every 24 hour period a slave was concealed, provided that such penalty did not exceed the value of such person.
Harboring a slave	1798	Statute	If a black who was wrongfully concealed died or was injured, or rendered unusable, the responsible person was to pay the owner the value of such person.
Runaways	1798	Statute	The reward for persons who captured a slave 10 miles from his home without a pass was $1.
Runaways	1798	Statute	Enslaved blacks who entered New Jersey without a license from their owner were to be jailed. The reward for the capture of such person was $2, to be paid by the master.
Unlawful gathering	1798	Statute	Blacks and other slaves were prohibited from assembling together in a disorderly manner. Constables and others had the right to order enslaved persons to disperse and return to their owners. If slaves refused to obey they were to be brought before a justice of the peace and jailed. Owners had the right to direct that such slaves be whipped 20 lashes at a cost of $1 for each slave whipped.
Curfew; hunting on Sunday	1798	Statute	Unlawful for enslaved persons to be away from their dwelling place after 10 o'clock at night unless they had permission from their master. Statute also prohibited blacks from carrying a gun on Sundays.
Begging	1798	Statute	Prohibited owners from allowing enslaved blacks to beg for food, clothing, money or other necessities. Penalty: $8 to be split between informer and overseers of the poor of the township.
Fraud	1798	Statute	Unlawful to sell or dispose of aged or decrepit enslaved persons to persons unable to care for them sufficiently.Such sales were void and sellers were fined $40.
Importation of slaves	1798	Statute	Unlawful to import into state, either for sale or for servitude, any black or other slave. Penalty: $140. Act did not extend to travellers or residents from bringing their slave property into the state.
Importation of slaves	1798	Statute	Citizens of New Jersey had the right to bring their slave property into the state for service, but not for sale.
Welfare of slaves	1798	Statute	Persons could be indicted for cruel treatment of those enslaved. Penalty: $40.
Education	1798	Statute	Reenactment of 1788 act. Any enslaved person who had lived in New Jersey since 1788 was to be taught to read, while under the age of 21. Penalty for neglecting this duty was $30.
Slave trade	1798	Statute	Persons who prepared vessels for engaging in the slave trade between Europe, Asia, Africa, or America, would be liable to lose their ship and face prosecution. Persons who resisted arrest for such charges were to be fined $130.
Manumission	1798	Statute	Lawful for owners of slaves to manumit their slave property between the ages of 21 and 40 if they were of sound mind and body. Law required owners to file a certificate with the county clerk's office.
Manumission	1798	Statute	Enslaved persons under the age of 21 or above the age of 40 could be freed if the owner secured a bond of $500 in order to prevent the former slave from becoming a burden on the community. If the bond was not secured, the manumission was void.
Welfare of slaves	1798	Statute	Enslaved persons not manumitted according to law were to remain under the protection of their owners. If owners were unable to maintain their slaves, the township would be responsible.
Free blacks	1798	Statute	Free blacks from other states were prohibited from traveling, residing or working in New Jersey without a certificate.Persons who harbored such free blacks were to be fined $12.