Act in Relation to Service
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The Act in Relation to Service, which was passed on Feb 4, 1852 in the Utah Territory, made slavery legal in the territory. A similar law, Act for the relief of Indian Slaves and Prisoners was passed on March 7, 1852, and specifically dealt with Indian slavery.[1]
Background
African slaves were first brought into Utah in 1847 by
Drafting
On January 5, 1852,
He argued that slavery was a good balance in building on the foundation of how God wanted the African race to progress and observing the law of natural affection, which would lead whites to favor other whites. He said that was the principle of true liberty, according to the designs of God.[4]: 110
With those directions, the Utah legislature then drafted a bill entitled "An Act in Relation to African Slavery." All of the legislature was Mormon and regarded Young as a prophet.
On January 23, 1852, Young followed up with another speech to the Joint Session of the Legislature that advocated slavery. He first argued that the Legislature must support slavery on religious grounds and stated that "inasmuch as we believe in the ordinances of God, in the Priesthood and order and decrees of God, we must believe in slavery."[5]: 26 He argued that the blacks had the Curse of Ham placed on them and so they were servants of servants and that he was not authorized to remove it.[5]: 27 He argued that blacks needed to serve masters because they could not themselves and that when treated correctly, blacks were much better off as slaves than if they were free.[5]: 28 He also suggested for the name of the act to be changed it to "An Act in Relation to Manual Service" to emphasize that slaves should be treated better. It was later changed to just "An Act in Relation to Service."[6]
Many scholars have hypothesized on the reasons for Young's support of slavery. John Smith suggested that with
Passage
An Act in Relation to Service was passed on February 4, 1852. The act had a few special provisions unique to slavery in Utah. Masters were required by law to correct and punish their slaves, which particularly worried Republicans in Congress.[7] Slaves brought into Utah had to come "of their own free will and choice" and could not be sold or taken from there against their will. Though a fixed period of servitude was not prescribed for Negroes, the law provided "that no contract shall bind the heirs of the servant... for a longer period than will satisfy the debt due his [master]." Several unique provisions were included, which terminated the owner's contract in the event that the master had sexual intercourse with a servant "of the African race;" neglected to feed, clothe, shelter; otherwise abused the servant; or attempted to take him from the territory against his will. Some schooling was also required for slaves between the ages of six and twenty.
Section 4 of the statute prohibited sexual relations or miscegenation between whites and blacks. It read in part that "if any white person shall be guilty of sexual intercourse with any of the African race, they shall be subject, on conviction thereof to a fine of not exceeding one thousand dollars, nor less than five hundred, to the use of the Territory, and imprisonment, not exceeding three years."
The day after the act passed, Young gave the explanation of the
Act for the relief of Indian Slaves and Prisoners
When Young called for an act on slavery, he referenced both African and Indian slavery. After the name of the bill changed from "An Act in Relation to African Slavery," the bill lost all mention of race, except in the section on sexual conduct, and technically included Indian slavery. However, the following month, the legislature passed a similar law specific to Indian slavery, with increased educational requirements for Indian slaves over African slaves. The requirement for ownership was also considerably lower since Indian slaves having to be only in possession of a white person. Utah was unique in actively enslaving both Africans and Indians.
Repeal
The slavery portion of the act was repealed on June 19, 1862, when Congress prohibited slavery in all US territories. The anti-miscegenation portion remained in effect until 1963.[citation needed]
See also
- Anti-miscegenation laws in the United States
- Utah in the American Civil War
- Slave Trade Acts
- Blacks and Mormonism#Slavery
- History of slavery in Utah
- Mormonism and slavery
References
- ^ Acts, Resolutions, and Memorials Passed at the ... Annual, and Special Sessions, of the Legislative Assembly of the Territory of Utah. Brigham H. Young, Printers. 1866. pp. 87–88.
- ^ John Williams Gunnison (1852). The Mormons: Or, Latter-day Saints, in the Valley of the Great Salt Lake: a History of Their Rise and Progress, Peculiar Doctrines, Present Condition, and Prospects, Derived from Personal Observation, During a Residence Among Them. Lippincott, Grambo & Company. p. 143.
Involuntary labor by negroes is recognized by custom; those holding slaves keep them as part of their family, as they would their wives, without any law on the subject. Negro caste springs naturally from their doctrine of blacks being ineligible to the priesthood
- ^ ISBN 9780275957995.
- ^ a b c Utah Legislative Assembly (1852). Journals of the Legislative Assembly of the Territory of Utah, of the... Annual Session, for the Years..., Volume 1.
- ^ OCLC 18192348
- ISBN 978-0-19-975407-6.
- ^ United States. Congress (1857). The Congressional Globe, Part 2. Blair & Rives. p. 287.
- Jones, Sondra (2000), The Trial of Don Pedro León Luján: The Attack against Indian Slavery and Mexican Traders in Utah, Salt Lake City: OCLC 42022311
- Ricks, Nathaniel R., A Peculiar Place for the Peculiar Institution: Slavery and Sovereignty in Early Territorial Utah, Master Thesis, Brigham Young University, 2007.
Further reading
- Coleman, Ronald G. (1976), "Blacks in Utah History", in Papanikolas, Helen (ed.), The Peoples of Utah, Salt Lake City, Utah: Utah State Historical Society, pp. 115–140, , with permission, at historytogo.utah.gov